Adhaalath Party Protests Decision to Mix Males and Females in Schools

By Ahmed Nazeer | September 29th, 2010 | via Minivan news

The Adhaalath Party is to take urgent action against the government’s decision to provide secondary and primary education at the main schools in Male’.

Mixing genders and various age-groups will lead to social and disciplinary problems, Adhaalath foresees.

At an urgent meeting held last night, Adhaalath declared the Education Ministry’s decision to provide both primary and secondary education at all main schools in Male’ as “wrongful”.

According to Adhaalath, it is one of many such “wrongful decisions” that include “making Islam and Dhivehi optional subjects”, and “differential treatment against Arabiyya School”.

Changing the boys-only Majeediyya School and the girls-only Ameeniyya School to mixed-gender schools is the latest among the line of “wrongful decisions” that, Adhaalath said, involved misleading parents and working against the management of schools.

“Unisex schools and mixing different age groups could lead to potential social and discipline issues”, Adhaalath said. The party has decided to meet the government’s concerned authorities first and issue a press statement using information from surveys conducted by Americans and Western countries on co-education.

Adhaalath’s urgent action would involve bring the issue to the attention of parents and meeting political parties, NGOs and Parent Teacher Associations (PTA).

Deputy Minister of Education Dr Abdulla Nazeer said the ministry has not decided to mix female and male students in the secondary grades.

“But we have decided to establish primary grades in all the schools,’’ Nazeer said. ‘’So Majeediyya School, Dharumavantha, Ameeniyya and Hiriya will no longer be solely for Secondary education.’’

Secondary education will be provided in all the primary schools as well.

‘’It is in the Maldivian Democratic Party (MDP) manifesto to change every school to a place where secondary and primary grades are available and to change all schools to one session.’’

Currently only male students can join Majeediyya and Dharumavantha while only females can join Ameeniyya and Hiriya school. They teach grade eight, nine and ten, the final three years leading up to GCE O’Levels.

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Posted in: Society

I Was Terrified For My Life

By Anonymous

This happened to me about two days back. I was meeting up with a friend after a very long time. He lived alone and not so far from my house. Due to my busy working hours and shift duties, I was unable to meet my closest friends who were just like me, who understood the other side of my life. We had a lot of catching up to do and things to share and talk, so i stayed till late at his home with one of our friends (a girl, who understood what we were going through). We all had a good meal and had a good conversation which led to us losing track of time.

It was just past 1 A.M. when I did eventually realise that it was in fact getting quite late and I had to go to work in the morning. Normally, if I go out on month Ramadan to my friend's place, I'd stay until 2 or 2:30 A.M. but I never knew what was in store for me that very night.

Anyway, so we all said our goodbyes to each other and my one of my girl friend left in a car, being that she was a girl and lives quite far away and as if she knew what might happen if she were to walk. As I was walking home, I rang my girlfriend while she was still in the car. I just wanted to talk to her until I reached home. Which made me feel that I wasn't all alone. While I was on the phone, I suddenly noticed someone lurking from behind. It wasn't only one but two people. I took a peak of who was following me and tried to Quicken up my speed of walking . I was shivering and my heart seems to beat faster than ever. At that very moment I knew something is gonna happen really wrong and that my whole life was under threat.

I told my friend who was still on the phone that I am being followed and that I don't what I should do. She told me to run. But I was too afraid to make any sudden moves as they might catch me and hurt me brutally and or maybe they might even kill me. I didn't have a clue what they wanted or what they had in mind to do to me.

One guy was tall and fair with black hair and wore a black t-shirt with white skinny jeans and looked like a drug dealer. other guy was a little bit shorter than the first guy.

They were yelling out, "Buddy... Stop!!!"

They were literally meters away from me... I was scared to death at that point, but luckily for me i have reached Majeedhi Magu at last. It was a releif for me to make it there but I knew I still had a long way to go. Majeedhi Magu is the main street where the majority of the shops are located and the street is very brightly light with heavy traffic.

I knew my life could be saved but now the question for me was to choose which road should I choose to reach home. One was a very narrow dark road which coincidentally was also a shorcut to my house, while the other was to go straight along Majeedhi Magu and taking a street where there were a lot of people. I almost took the shortcut as I always use that way to get home but I saw what was ahead of me, a dark road and then there is my home... and what was behind me, a man who would dare to kill me on the spot and I knew it wouldn't be a wise choice to choose this one option. I took the long way home. If it saves my life, thats all that matter to me at this point.

They were still following me and they were gaining speed. They yelled out, but I ignored and kept walking faster. Suddenly, they started running and instinctively I started to run as well. I quickly put my phone in my pocket and ran as fast and as far as i could and didnt look back until I was very, very close to home. I checked to see if they saw me go into my house. Luckily they were far too behind to see which house I went in to.

I rang my friend as soon as I got home and told her the rest of the story. I had ran all the way home, because I was terrified for my life.

I have never encountered anything like this in my life before and I really don't feel safe living in Male' anymore.

Maldives maybe a piece of heaven for the tourists who visits here, but it sure is a hell for people like us, who gets chased by people in the middle of the night when no one is around, and either get robbed or murdered.

I didn't report this to the police knowing that they will do nothing about it and that I rather not tell anybody other than my close friends. Until a friend asked me to let other Queer Maldivians be aware of the goings on by telling this story and in hopes that more would come forward and tell their stories.

I maybe safe for now, but the crime rate is increasing day by day in the Maldives. Stealing and abusing and all those bad stuff people do to others are increasing as well.

I hope I never see them again!!!

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Posted in: True Stories

Comment on the Dhivehi Gay Pride March

As we may all must have heard by now, a Dhivehi Gay Pride March Event has been organised by a Mr. Nate McLove (who now no longer exists as it turns out) on Facebook on the 12 September 2010. The event is to be held on Majeedhi Magu from 8 pm to 12 am on the 10th of October 2010. As of now 71 people are attending this event with a huge contrast of 434 people not attending.

Since Rainbow Maldives is not organising this march and have had no communication with Nate McLove regarding this march, we can neither confirm nor deny the truth behind its validity. There is a lot of specualtion that this march is simply a publicity stunt to spark much needed discussions about homosexuality in the Maldives. If so, the purpose has been served to some extent in the online community.

Those who have been following the comments on the page would know that lots of verbal harrasment and threats of violence have been made at the organisers, some members on the page, and most importantly, at those who are planning on attending the parade. There have also has been a lot debate on what purpose such a parade would serve, the question of whether or not the timing is right for such a parade, and whether this could worsen the situtaion of Queer Maldivians that are already suffering.

A new Page titled ' Against "Dhivehi Gay Pride March"' has also been created protesting the march with some members openly calling for violence against homosexuals and the marchers. This is just a glimpse of the attitude the general Maldivian public has towards queers and is indicative of how hesistant they are to accept homosexuality.

There are also reports that harrasment against Queer Maldivians have increased recently and aforementioned proposed event is most probably the reason. Based on this and the arguments made so far, it is our strong recommendation that attending this event is definitely not advised.

Everyone is requested to stay safe, and to take care when on the streets and other public places.


UPDATE: As of the 21st of Sept, a total of 3,157 invitations has been sent out to the facebook event so far with 89 Attending, 59 Maybe and 536 Not Attending.

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Posted in: Society

The Evils of Democracy

by Ibrahim Nazim | via Islamic Foundation of the Maldives

Democracy is a system of infidelity which opposes the decree of the Creator and an evil that was born and raised in the lands of the West. Islam and democracy can not coexist in the religion of Allah, the Lord of all the worlds.

There is no such thing called ‘Islamic Democracy’ as some people put it because those people who adopt, implement or approve and agree to espouse democracy with its basic principles and fundamentals are openly hostile to the faith of monotheism.

When democracy is implanted in a Muslim society, it becomes a trial which sets apart the faithful Muslims from hypocrites and apostates. Those Muslims who take it upon themselves to fight and defend democracy without a religiously compelling reason hate to see Islam triumph over all other way of life. Most often they love to be in the company of the infidels, hypocrites or apostates and be praised by them while calling themselves ‘moderate Muslims’. There is no such thing as ‘moderate Islam’ or ‘radical Islam’ in the revealed religion of the Almighty Allah. These are terms invented by the enemies of Islam to create divisions within the nation of Islam.                               

If someone deeply looks into democracy, he will realise its damaging aspects on any society. Democracy which emerged in the lands of the infidels demands the separation of powers: the executive, the legislative and the judiciary are to function as completely separate entities.  Moreover, democracy aims to change the established Sharia and demands to keep separate the religion and the state, which is unacceptable in Islam. In a democracy, the secular majority wins and rules over the divine commandments. If an undesired group or party wins power through elections, then the election results are annulled and the constitution is amended to bar that party from competing in elections again. Such examples could be seen in Algeria, Turkey, Palestine and Kenya.         

Democracy spurs sedition and discord by gathering people in parties and blocs, the consequences of which would be hatred, fighting and bloodshed. Huge sums of money are required for the working and functioning of political parties. In most democracies, the murky business of obtaining funds for political parties involve corruption, bribery and selling of state secrets. The electoral campaigns comprised of boasting, showing and presenting one’s deeds and withholding from others the deeds that they are due, as well as the use of falsehood and deceit in order to gain people’s votes.                 

Democracy makes the entire people equal, as there is no difference between a knowledgeable specialist and an ignorant person, an eminent scholar of Islamic theology and an illiterate drug addict, a monotheist and a polytheist, a believer and a hypocrite, an adulterer and a pious man, a child rapist and a holy person. The proper functioning of democracy demands that most criminals have to be ‘rehabilitated’ and not punished for heinous crimes. The prisons in these countries should include gyms and other sports or recreational facilities, swimming pools, libraries with internet services, the best food, medicals etc. To add more, there is a system of parole which allows the criminals to leave the ‘prison’ before the end of their sentences.                

Democracy is a system that wastes money and resources of the countries in the elections. These elections are filled with problems of intimidation, fraud, ballot rigging and other irregularities. No interim government is allowed to take over before fresh elections begin; instead the old leadership remains in power during and immediate aftermath of new elections, paving way for more social unrest. Many a times the opposition refuses to accept the election results with accusations of fraud and call on people to come out on streets to protest causing pandemonium and bloodshed. You will realize the deficiency of this democracy and its reprehensible failure to manage people’s affairs when those in the opposition constantly call for premature elections, along with its ensuing chaos and disorder.           

Democracy leaves the door wide open for spoilers and all the undesired elements in the society to carry on with their work of spreading mischief in the land. Also democracy coexists with the oppressive regimes and the spoilers of social life with all its constituents. Gay and lesbian rights movements, narcotics and other substance abuse groups would spring up into action. Therefore, homosexual marriages, selling of intoxicants and the right to renounce Islam have to be allowed under the guise of protecting human rights. Hence, a need for legislation to regulate all such cursed acts and behaviour which in tern produces deputies who pass on laws against the prescribed laws of Almighty God.             

In a democracy candidates jockey for positions of power with promises which they do not keep after winning the election. The candidacy for elections is contrary to the guidance of Prophet Mohamed (PBUH) who said that Muslims do not confer the command of an emirate on he who asks for it. Less privileged or deprived people have no chance of being on the electoral lists because becoming a candidate requires spending huge amounts of money in order to get people’s votes, which apparently go to the one who pays out more for bribery or propaganda work on the media. So, in a democracy money can buy positions of power, as such, the seats of the legislature or parliament mainly consists of people from the upper class or people backed by them. It is absolutely impossible to enact any laws in urging their businesses to spend money in a way that might benefit the poor. The reality is, the rich get richer and the poor get poorer.         

The most prominent people in a democracy are the politicians. The pious scholars of Islam, renowned scientists and men of knowledge have to follow the guidelines set by these politicians. Some of these so called politicians occupy seats in the cabinet, parliament and others work as party activists etc, but the truth is, they are ‘political prostitutes’. Most often they shift from one alliance to another or change parties and is devoid of any shame in behaving so for their worldly gains.      

If you take a closer look at democracy, you will realise the deficiency and failure of that system to manage the people’s affairs and elect leaders capable of running the country in a way which benefits the masses. You will also undoubtedly ascertain the appropriateness of the Islamic way in generating the leaders and appointing rulers or emirs.        

It is wrong to say that Muslim lands had been ruled by dictators or authoritarian rulers in the past centuries. The revealed Holy Scripture of the Muslims instructs the rulers to rule justly by obeying the commandments of Allah and with consultation (shura). Throughout history the Muslims always had Consultative Assemblies comprised of learned men to advice those in power. The idea of dictatorship, authoritarianism, monarchy or royal dynasty rule began to creep into the Muslim lands when Muslim masses influenced by the West began to forget the proper method of statehood in Islam.  

The Maldives have been ruled for quite a long period of time by authoritarian rulers with the power to enact draconian laws through the rubber stamp parliament. The Maldivian people were sick and tired of their ruling elites, their extravagant behaviour, nepotism and corruption etc. The rampant moral degeneration, drunkenness and drug addiction made the Maldivian society plunge into chaos in the years between 2003-2008. The opportunity was ripe for the irreligious people who opposed the authoritarian regime to manipulate the situation by calling on the West to impose democracy on Maldives amid threats of economic sanctions. There were many who thought that after democracy had been installed the problems created by the old authoritarian regime would disappear once and for all. However, in addition to those social problems that already remain, democracy has begun to create more problems in people’s lives by dividing the masses into parties or groups.  More often, rival factions compete for influence within the same party and today the so called political parties in Maldives are on the verge of bankruptcy or collapse and state funding is insufficient to keep them functioning. Soon the political parties in Maldives have to rely on foreign donations and grants of which the most likely consequence of this would be foreign control. Money can buy power, so if the West decides to bring a certain opposition party into power, they increase funding for that particular party. In addition to all these problems, the party in power and the opposition parties are always at each other’s throats, as a result the ordinary people have to bear the brunt of the entire disharmony or disruptions within the community.            

The so called democrats in Maldives claim that they were the only ones who worked tirelessly to bring an end on nearly half a century of oppression. They say that these religious mullahs and bearded fundamentalists only acted like timid chickens and were unable put up a formidable resistance even to defend their ideals. They dare to say that these religion mongers kept hiding behind the backs of prodemocracy activists just to gain favours when everything happens to be over. If so, then why for the past three decades countless number of Muslim scholars, bearded men who offered five daily prayers and burqa clad women continuously ended up in jail or in house arrest? Where were the prodemocracy activists and human rights campaigners then when breast feeding mothers were taken into police custody on the suspicion of trying to endanger religious harmony? The so called prodemocracy activists only emerged during or after September 2003 when a violent drug addict was beaten to death by prison guards and the shooting incident there which killed some few other drug related criminals. It was so because the democrats got convinced that the authoritarian ruler faced pressure from the West to allow political parties to be formed in the Maldives. The democrats might try to argue that they were in opposition since the early 1990’s. It is a wrong notion to say that they were campaigning for democracy then. The voices raised in those days were not for democracy but for reform or perhaps for change of power. Those voices then got disappeared into the wilderness because they were not backed by the West.          

Spread of democracy in Muslim lands is a victory for diabolical forces of Jews and Christians who spend vast amounts of money and sacrifice much to keep Muslims divided. 

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Posted in: Politics / Religion

SOGI takes center stage at Asia Pacific Forum of National Human Rights Institutions - Part 1

IGLHRC’s Grace Poore with Siddharth Narrain (Alternative Law Forum)
and Joy Liddicoat (New Zealand Human Rights Commission)

by Grace Poore, International Gay and Lesbian Human Rights Commission

Lesbians, gays, bisexuals and transgender (LGBT) people in Asia and the Pacific Islands experience extra-judicial killings, torture, violence and rape, as well as discrimination in employment, education, housing and health services.

via Fridae

Note: [SOGI is an abbreviation for Sexual Orientation and Gender Identity]

Lesbians, gays, bisexuals and transgender (LGBT) people in Asia and the Pacific Islands experience extra-judicial killings, torture, violence and rape, as well as discrimination in employment, education, housing and health services.

These are the preliminary findings of the Advisory Council of Jurists (ACJ) of the Asia Pacific Forum of National Human Rights Institutions (APF) that met August 3-5, 2010 in Bali, Indonesia. This independent body of legal experts has found that at least 17 API governments (1) have failed to provide protections for LGBT people because their national laws, policies and practices are inconsistent with international human rights law.

In response to these realities for LGBT people in the region, the APF has begun the process of addressing discrimination and violence on the basis of sexual orientation and gender identity as a legitimate human rights issue requiring the attention of its member institutions that are National Human Rights Institutions (NHRIs).

The fact that protecting the human rights of LGBT people has captured the attention and become a focus for the APF is pleasantly surprising. Surprising because, only three countries in the region have laws providing explicit protection of LGBT human rights (2), while nineteen countries still have laws that criminalize consensual homosexual relations (3). Many of the NHRIs that are members of the APF have never discussed – let alone considered – sexual orientation and gender identity as a human-rights issue. In fact, many state officials in the region view non-heteronormative sexual orientation and gender identity as anti-religious and counter cultural.

How then did it happen that the APF arrived at this statement in support of LGBT human rights? It began in May 2009, when nine national human rights institutions in the API region became the first in the world to adopt recommendations from the Yogyakarta Principles. They issued a consensus statement affirming that the mandate of NHRIs extends to those who suffer human rights violations based on their actual or perceived sexual orientation or gender identity. They proposed that this be integrated into the work of member institutions and that respect for the Yogyakarta Principles by state and non-state actors be promoted. (4)

Subsequently, the APF commissioned a research paper on emerging legal concerns for LGBT people in the API region for consideration by the ACJ – a body of international human rights experts, high-level judicial officers, and legal scholars established to advise the APF on international human rights issues and standards and to develop regional jurisprudence on interpreting and applying these.

As part of its deliberations, the ACJ met with five activists from the API region to help them grasp the adverse impact of states’ failures to provide protections for LGBT people. I was among these activists, who included Siddharth Narrain from Bangalore Alternative Law Forum, John Fisher from ARC International, Joy Liddicoat from the New Zealand National Human Rights Commission, and Edmund Settle from UNDP. (5) Together, we pored through pages and pages of examples in API countries where inconsistencies between international human rights standards and national laws, polices and practices deprived LGBT people of human rights protections. To address these inconsistencies, the ACJ then developed recommendations for the inclusion of sexual orientation and gender identity in the work of national human rights institutions and the national human rights action plans in API countries with membership in the APF.

On the morning of August 5, 2010, the ACJ presented its findings and recommendations on sexual orientation and gender identity to the APF. In his introduction to these recommendations, Vitit Muntabhorn (6), law professor and Co-Chair of the Civil Society Working Group for a regional human rights mechanism within ASEAN (Association of Southeast Asian Nations) told the 90 participants at the APF meeting, “The ACJ has taken a soft entry point – research, dialogue, education first. We understand the sensitivity.” It was strategic on his part to try and ease any anxieties in the room and pre-empt any immediate rejection of the recommendations that followed on decriminalization and anti-discrimination–delivered by two other jurists, Justice Susan Glazebrook of New Zealand Court of Appeal, and Andrea Durbach, director of the Australian Human Rights Centre Faculty of Law at the University of New South Wales. (7)

I braced myself for the reactions of the room, recalling the dialogue two days earlier between some of the NHRI representatives and civil society activists of the Asian NGOs Network on National Human Rights Institutions (ANNI). In this interaction, the human rights commissioner from Bangladesh stated,

“There are human rights of different groups but as a Commission we have to address problems that have national impact. Sexual orientation has been taboo in our country. Only recently are these issues discussed in our country and that too in urban areas. This was raised in the UPR but sexual orientation is not an issue for civil society and they have not made a demand for it to be addressed so until we have dealt with other more important issues in our country we won’t be taking it up.”

In a similar vein, the chair of the Malaysian Human Rights Commission (Suhakam) said,

“Suhakam is committed to all human rights and we are not ducking the issues–for instance the unfair treatment of sexual orientation and gender identity by the media. But in candor, Suhakam is not going to be able to do anything about these issues in the next three years. Mindset and values are deep seated and these have to change and who are we to do this in three years? If we push too hard we may get a fatwa and we don’t want to antagonize the religious establishment.”

As an Asian, it is frustrating to listen to those who are supposed to be looking out for our human rights treat LGBT people as if we are second-class citizens or, as some would have it, non-existent citizens. To say that society is not ready to accept sexual and gender diversity and to reject decriminalization and inclusion of LGBT people because it against Asian cultural or religious values echoes the rhetoric that these same institutions used when they were asked to protect women’s right to equality, and the right of women to be defenders of their human rights, and be entitled to state protection from violence and discrimination. As for dismissing violations against LGBT people in favor of dealing with poverty, this ranking of rights and human rights violations contradicts the human rights principle of indivisibility, interdependence and inter-relatedness of rights. It amounts to saying that LGBT people should have to pay a price for their non-conformity and be told that that they have no legitimate claim to the rights that other people have because they are somehow responsible for the inequalities they face. Across the age span, many LBGT youth and LGBT elders experience poverty. The inequalities they face when they are poor intersect with the inequalities they face because of their sexual orientation and gender identity. Race, caste, ethnicity “increase the layers of discrimination.” (8) Governments or development NGOs often ignore these facts.

Surprisingly, after the ACJ presented its recommendations, there were no negative responses from the human rights commissioners and other officials in the room. Those who were opposed remained silent. Those who were uncertain expressed anxiety and frustration more than rejection. A commissioner from the Palestine Human Rights Commission captured this sentiment best:

“[i]n our region we know nothing about these issues, and it is difficult to put them on our agenda and to have an internal discussion within members of our Human Rights Commission, to even articulate among ourselves. Despite the fact that we have principles of equality and very nice human rights standards in our laws but we have to be realistic. This subject is taboo for many staff of the Human Rights Commission, and there [are] too many constraints internally. So the first step is having discussions within our own Commission. We can’t go further than this. It’s true, in order to be consistent with international human rights standards, we cannot close our eyes to what is a human rights issue. And we have to be courageous to start but we also have to be sensitive.”

This sort of statement as well as statements during the ANNI exchange with civil society activists, left me feeling somewhat skeptical, with many questions swimming in my head. I wonder if words like “sensitive” will become code for silence, and if NHRIs who oppose LGBT human rights will dismiss the ACJ recommendations as culturally and politically irrelevant and do nothing. Will NHRIs who naively believe there are no LGBT people in their country, or that there is no discrimination against LGBT people in their country, fail to create physically and emotionally safe spaces for LGBT people with complaints to come forward? Will coming forward then result in recriminations for revealing their sexual orientation? I wonder if the ACJ’s incremental approach may result in NHRIs not going beyond the starting point. Will resources be used up to increase the internal capacity of NHRIs to address the concerns of LGBT people without actually utilizing that capacity to protect the rights of LGBT people in need? I fear the ACJ’s recommendation for NHRIs to undertake research into the human rights violations experienced by LGBT people may become an end in itself. The last thing we need is research findings that fail to be translated into advocacy and action.

Mostly, I wonder if there will be enough political will and clout to carry out the more urgent recommendations of the ACJ that NHRIs should:

• take on monitoring of violations based on sexual orientation and gender identity,

• carry out human rights education and awareness raising activities,

• hold dialogues with LGBT groups and individuals,

• advocate for the rights of people of diverse sexual orientations or gender identity,

• advocate for the removal of laws that violate the human rights of LGBT people,

• ensure that all laws are applied in a non-discriminatory manner.

Grace Poore is a Malaysian activist and is based in Washington D.C. as the Regional Coordinator for Asia and the Pacific Islands at IGLHRC.

Read part 2 here.

Footnote

1. These governments of 17 countries have national human rights institutions (NHRIs) that are members of the Asia Pacific Forum. They are Afghanistan, Australia, India, Indonesia, Jordan, Malaysia, Maldives, Mongolia, Nepal, New Zealand, Palestine, Qatar, Republic of Korea, Sri Lanka, Timor Leste, Thailand and the Philippines. They have all agreed to abide by the Paris Principles of 1991, which formalized the role of NHRIs and outline the mandate of NHRIs as human rights protectors.

2. New Zealand, Fiji and Taiwan have national laws prohibiting discrimination on the basis of sexual orientation or gender identity.

3. Afghanistan, Bangladesh, Brunei, Bhutan, Burma, Malaysia, the Maldives, Pakistan, Singapore, Sri Lanka, Cooks Islands, Kiribati, Nauru, Palau, New Guinea, Samoa, Solomon Islands, Tonga, and Tuvalu.

4. The consensus statement was issued at the end of a workshop convened by the APF on the Yogyakarta Principles. Attended by representatives from nine national human rights institutions (NHRIs)— from Australia, Indonesia, Jordan, Malaysia, Nepal, New Zealand, Palestine, South Korea, and Thailand, the goals were: to build understanding of the principles; to consider the contexts for the implementation and their relevance to the work of the human rights institutions in the region; and to exchange information on how NHRIs were promoting and protecting the rights of LGBT people. Representing IGLHRC I was invited to talk about the conditions facing LGBT people in the region, and had the opportunity to meet and listen to international human rights experts who were intimately involved with the birth of the Yogyakarta Principles

5. I highlighted experiences of LGBT people in the API region-cultural relativism, uneven application of laws, hierarchy of rights, and the contradictory policies around legislating the private realm. Siddharth Narrain presented highlights of the background paper commissioned by the APF on emerging legal concerns for LGBT people in API countries, John Fisher spoke about why and how the Yogyakarta Principles have taken off internationally. Joy Liddicoat shared the struggles around law reform undertaken by the New Zealand Human Rights Commission. Edmund Settle spoke about the impact of punitive laws on men who have sex with men in the API region.

6. Vitit Muntabhorn, professor in the Law Faculty at Chulalongkorn University in Thailand and also served as the United Nations Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography, and is currently the UN Special Rapporteur on the Situation of Human Rights in the Democratic Republic of Korea.

7. There are currently nine members in the Advisory Council of Jurists. In addition to Vitit Muntabhorn, Susan Glazebrook, and Andrea Durbach, there are Seong-Phil Hong, Associate Professor of International Law and Human Rights at Yonsei Law School in South Korea; Amarsanaa Jugnee, Director of the Center for Comparative and International Law at the National University of Mongolia School of Law; Enny Soeprapto a former commissioner on the Indonesia Human Rights Commission; Mohamed Olwan, a lawyer from the Jordanian Human Rights Commission, and Ranita Hussein, a lawyer from Suhakam, the Malaysia Human Rights Commission.

8. “Reinterpreting Human Rights Principles,” *Claiming Rights, Claiming Justice -* *A Guidebook on Women Human Rights Defenders*, Asia Pacific Forum on Women, Law and Development, 2007.

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Posted in: Report

U.N. Chief Calls for Gay Rights

By Michelle Garcia

via Advocate.com

United Nations secretary-general Ban Ki-moon has called on countries to stop enforcing laws that discriminate against gays and lesbians.

Ban's statement came as part of a larger message on human rights at a U.N. meeting in Geneva, according to the Associated Press. Several countries — many of them in Asia and Africa — still enforce laws that make homosexual activity punishable by jail or death.

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Posted in: News

An open letter to GLBT Pride organizers in the Maldives

(In response to a message: “In order to avoid a civil unrest among the citizens of the Maldives, please report the event ‘Dhivehi Gay Pride March’ for the purpose of bringing it to the Facebook Management’s attention and urge the organizers of the event to call it off as it is in violation of the Islamic Shari’ah and Law.”)

This is the essential problem with “Islamic Shariah and Law.”  So much of our religion says that no person may judge another in matters of religion; that only God can judge, so when people set themselves up as religious lawmakers and judges they effectively make themselves partners of God. 

Of course the state holds all the cards so any theological argument falls by the wayside in the face of practical safety considerations.  Is this in fact worth the risk of violence and imprisonment?  Any serious struggle for freedom has to face those risks.  Having been beaten and arrested, many of my friends and I are in very illustrious company with Martin Luther King, Jr. and Mahatma Gandhi – but I don’t necessarily recommend it.  We have legal assurances in the US that may not exist in the Maldives.  You can only decide for yourselves when the risks are worth taking.

If you do go through with this heroic act I do hope that you will honor your own culture and our religion and NOT make it like an American GLBT Pride Parade, at least not like a contemporary one.  I was at the first “Stonewall March” in New York in 1970, the year after the Stonewall Uprising and we simply marched.  Some were in drag, most were not, and we kept our clothes on.  There is, after all, a difference between pride and shamelessness.  Over the years the whole affair, in a typically American pattern of commercialization, has become a crowded affair of commercialized sexuality, pornography, and alcohol.  Vendors (more straight than gay) crowd the “rally” to sell trinkets and promote large companies that have done nothing to advance our cause, but pay lip service to “equality” just because our money is just as much desired as any heterosexual’s.

Bare breasts and bare butts show off bodies that are worked out and sculpted in what might be seen as an apollonian ideal, but few of these musclemen know what “apollonian” means.  They are aspiring to the “standards” set by pornographers, and the peer pressure to “measure up” pushes young gay men to focus on their bodies, to ignore their souls.  Steroids are commonly used to build muscle, but those have very dangerous effects on the internal organs and the inner spirit.  Drug addiction and alcoholism are very high in our community as crutches for men and women who pursue shallow ends and ignore their deeper, spiritual needs. 

Our American gay community has been much shaped and developed within the context of American capitalism, a milieu of sexual exploitation and dehumanization.  We see the same thing among heterosexuals, but a “gay community” defines itself by sexual values. We are often cut off from our families and/or otherwise have to define ourselves without the continuity and baselines others take for granted, so we SHOULD think hard and seriously about what our community should be.  The early gay liberationists of the 1970’s did that, but AIDS killed our best and brightest and that leadership lay dead and buried as the exploiters took the lead. 

You have an opportunity to create something truly different and new.  I pray that your Maldivian GLBT community will not blindly mimic our commercialized frenzy for instant gratification, but rather will work on integrating sexuality and spirituality in a healthy, positive way.  Respect for your traditions and religion is absolutely necessary, not in a hidebound slavish repetition of what your grandparents did, but in a thoughtful way that appreciates where you have come from, allowing those traditions and values to grow, to be a basis for more freedom and personal responsibility, not the chains that prevent that growth. 

The American GLBT community has many great strengths and accomplishments, but we also have many flaws, very deep problems.  Please, look critically at both and take this opportunity to learn from our successes and our mistakes.  Perhaps you can create a community that can teach us how to be better than we are – InshaAllah! 

by Jack Fertig

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Posted in: Letters

Asylum Law Basics – Brief History of Lesbian, Gay, Bisexual, Transgender and HIV (LGBT/H Asylum) Law

via immigration equality

U.S. asylum law is derived from international agreements written after World War II which provide protection to people fearing or fleeing from persecution. The first agreement, the 1951 Convention Relating to the Status of Refugees, was drafted by the United Nations in response to the large migrations of people in the aftermath of the Second World War. The United Nations attempted to set forth an internationally agreed upon standard for who will be considered a refugee. The 1951 Convention, however, only applied to people who were refugees on the basis of events occurring before January 1, 1951. The United Nations incorporated the definition of refugee set forth in the 1951 Convention but expanded it to include future refugees in the 1967 U.N. Protocol Relating to the Status of Refugees.1 The United States acceded to the 1967 Protocol in 1968. In order to bring U.S. law into compliance with its obligations under the Protocol, the United States enacted the Refugee Act of 1980, adopting essentially the same definition of refugee as set forth by the Convention. A refugee is defined as:

“any person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.”

An individual can be granted asylum if she is present in the United States and otherwise meets the definition of a refugee.3 Refugee status can be based on either race, religion, nationality, membership in a particular social group, or political opinion. Of the five grounds on which a claim for asylum can be based, membership in a particular social group is the most open to interpretation and thus provides the best basis for claims of asylum based on sexual orientation and gender identity. Although there is no statutory definition of what suffices as membership in a particular social group, it has frequently been described as a group of persons who share a common, immutable characteristic that the members of the group cannot or should not be required to change.4 In 1994, Attorney General Janet Reno declared as precedent the Matter of Toboso-Alfonso case in which a gay Cuban man was found to be eligible for withholding of removal on the basis of his membership in the particular social group of homosexuals.5 This case was pivotal in establishing that a well-founded fear of persecution on the basis of one’s sexual orientation is a valid basis on which to claim asylum status in the United States. More recently, the Ninth Circuit has affirmed that “all alien homosexuals are members of a ‘particular social group.’”6 The recognition of this basis for asylum is in accord with other countries which have granted asylum to gay and lesbian refugees.7

In the years after Matter of Toboso-Alfonso, courts have employed a more expansive definition of what constitutes a particular social group, including gender-based violence, such as female genital mutilation and domestic violence, as sufficient grounds for asylum.8 Courts have also been more willing to recognize persecution based on sexual identity. Since Toboso-Alfonso there have been more than half a dozen precedential lesbian, gay, bisexual, transgender and/or HIV-positive (“LGBT/H”) asylum cases.9

Although those who identify as transgender have not been explicitly found to be considered members of a particular social group, courts have recognized that gay men with female sexual identities constitute a social group and may be persecuted based on this identity.10 While there has been no precedential decision recognizing women with male sexual identities as members of a social group, there have been numerous successful, non-precedential claims based on this ground.

Another significant ruling for LGBT/H people considers the intent of the person or persons who commit the persecution. Generally in asylum cases, the persecutor intends harm to the victim, however, courts have acknowledged that persecution can occur even when the persecutor has no intention to harm the victim, such as when a gay person is subjected to electroshock therapy to “cure” her sexual orientation.11

Persons living with HIV and/or AIDS face harsh and discriminatory policies when attempting to immigrate to the United States. Their entry as legal immigrants is barred unless they are legally married to, are the parent of, or are the unmarried son or daughter or lawfully adopted child of a U.S. citizen or legal permanent resident. For the purposes of asylum, however, there is the possibility that people facing HIV persecution in their own country may be considered members of a particular social group. In 1996, the Immigration and Naturalization Service (INS) Office of General Counsel issued a memorandum which recommended that the INS and the Executive Office for Immigration Review (EOIR) should grant asylum based on the social group category of HIV-positive individuals, assuming that the applicant in question meets all of the other elements required for asylum.12 Although there are no precedential cases which recognize HIV status as creating membership in a particular social group, asylum has been granted in some cases where HIV persecution was an essential element of the application.13

In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act, which generally restricted access to asylum protection and greatly hindered the ability to obtain asylum status on the basis of sexual orientation. This legislation created additional bars to asylum, the most restrictive of which was the one year filing deadline. In order to be granted asylum, an applicant must file for asylum within one year of his or her arrival in the United States. This deadline has created unique hardships for LGBT/H asylum seekers because they are often unaware that their sexual orientation, gender identity, or HIV status can form the basis of an asylum claim and, are often afraid to disclose these intimate aspects of their identity to a government official given the persecution they faced in their own country.14

In May 2005, Congress passed the Real ID Act which imposes further limitations on the asylum process.15 Under the revised law, asylum seekers must provide documents to corroborate their claims unless they can demonstrate to the adjudicator why the documents are unavailable or why the applicant cannot obtain them. The Real ID Act also makes it easier for an adjudicator to deny a claim based on lack of credibility by the asylum seeker. Now, if an asylum seeker makes an inconsistent statement, even if the statement is not directly related to the substance of the claim, the application can be denied on credibility grounds. An applicant also must now demonstrate that his or her protected characteristic was “at least one central reason” behind the persecutor’s actions. It remains to be seen whether adjudicators will see the Real ID Act as a codification of existing case law, or whether they will apply a stricter standard to cases filed after May 2005.

In recent years there have been several precedential cases from federal Courts of Appeals on LGBT/H asylum cases.16 LGBT/H status-based asylum law is an exciting and developing area of the law. As LGBT/H immigrants struggle for equality under U.S. immigration law, asylum continues to be one of the few areas of immigration law where the U.S. government gives LGBT/H foreign nationals the opportunity to begin a new and freer life in the United States. 

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Posted in: Politics / Religion

Homophobia And Homosexuality

Via Shaf

Homophobia, an extreme and irrational aversion to homosexuality and homosexuals. I’ve always wondered why guys (referring to men in Maldives since I don’t know about men and their mentality in other countries!) are homophobic. Seriously, guys are more homophobic than women! Don’t agree? Let me tell you.

First of all, guys love going on trips with their guy pals and in “most” of the cases they end up doing something nasty like stripping a guy pal nude or“soatu beylevun” which they find amusing. Oh yeah, how would it be a problem if you show such extreme behaviour on picnics as long as you arn’t that in real eh? Poof! Nonesense. I tell you what, girls don’t do such stuff. They don’t find it amusing to strip a pal on a picnic nor poking around their genitals.

I remember me and my apartment-mate watching this movie named “Crutch” about an year ago. Pretty interesting story it was. A true story of“crossing boundaries” (as the tagline says) between a male student and his teacher.

When the sexual behaviour started to appear on the screen two of the guys who was to watch the movie with us actually did run out uttering vulgar verbal abuse AND refused to watch the remaining part of the movie. Duh! But they can poke around other guy’s genitals and strip them on picnics?

I know one thing for sure, girls don’t back out when watching a movie of homosexuals and lesbianism. As long as it’s a good movie we’d watch it. It’s just another good story, what harm can it do to us? Our sexuality lies within us. It’s definitely not going to change after watching a flick.

Which brings me to homosexuals. What’s wrong with being a homosexual? As long as you don’t get a religious view on it, it’s fine and acceptable. It’s just someone elses sexual orientation. Not yours nor mines. We ought not to criticise and disrespect them for what they are. Accept people for their mentality and not what their sexual perspective is.

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Posted in: Gossip

Dhivehi Gay Pride March?!

by Hilath | September 12th, 2010 | via Hilath.com

This should upset many a Sheikh’s knickers …

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Posted in: Gossip

One Fine Day in This 100 % Pretending Country

by dhona | Friday, September 10, 2010 | via Dhona

Today, while I and my husband were coming from my husband’s parents, he asks me why is it so important to have gay rights in this country while anyone can just be gay without declaring themselves as gay. I answered saying maybe because they want to be able to dress as women on the road. He gave me a good reply “look at ‘honey’... a gay man walking around in dress like a woman with no shame, he has guts.. Doesn’t he?”

He was right there he was honey for years and years this man walked on streets like a woman wearing a bra underneath when she didn’t have breasts, everyone knew he was guy but then why is Maldives a 100 percent Muslim country?

What defines us as Muslim, is it a piece of cloth, a beard or a t shirt that’s say ‘flower power ‘next to a print of a big joint? Sometimes some people ask these kinds of questions not to be answered by a sheik (according to him who knows it all) sponsored by the government or an NGO for the confused youth sometimes we ask questions because it’s in a nature to ask and also listening to a sheik is not the only way to seek for answers.

A man is a man, not a god! We all know it and it’s in Quran the “mighty big book” which is definitely just words, words produced by us humans. Why Allah or god would have a need to produce a language when it can produce things that we can’t like trees and sun. If we can produce languages does it mean that we are as equal as god? If we need to believe in a god we would know it very simply by thinking that a glass wouldn’t exist if we didn’t produce it? So who created the water?

It doesn’t matter if some call it the big bang, god, the great architect of universe, Allah or baguvaan. We all are pointing at the same thing. Aren’t we? It’s just like you pointing to a chair and calling it ‘gondi’, while an Indian points at the same chair calling it ‘kurusee’. At this point everything that exists or is created by a being (god or human) is acknowledged by us in our own way and within our own perception; even god is a very personal thing. But there are people out there who would rather make us live and be a part of their delusion than us having our own individual belief. Common we pay to live what else you want more?

The idea of collecting zakai through text messages is a bad idea (if a true Muslim). We can’t pretend that we don’t see it, just like the “honey” situation and pretend that we don’t know Dhiraagu, Wataniya or Bank of Maldives is making money out of it? The funniest thing is that Islamic ministry pays people salary to deliver zakai to people? Why? When I can take zakay money out of my pocket and go out there and give it to poor? Who makes these rules “everyone one should give zakai even poor people”, even if they don’t have food to eat by themselves they will have to give zakai. Why is Islamic ministry making poor people feel as if they will rot in hell for not paying that zakai? This is mental abuse and manipulation to make poor feel unworthy even to god.

Islam and most religions are not about individualism and today the world is all about individualism. We don’t care if someone steps to TV and declares that he is a messenger of god and he wants everyone to pay zakai as long as we can go to a restaurant and drink a couple of wine glass with exotic food! Islamic ministry doesn’t allow us to have dogs not because it’s a thing with dog’s hygiene; it is because dogs can smell thieves. How many young boys die today and how many high class business men are stabbed and robbed today. Well these days only praying in a mosque doesn’t help!

If this argument was held in human rights Court, in this country I will lose the case to a person who will only say three words “Allah, Quran, Prophet” and that’s the end of everything. So once again rather being misunderstood by majority we minority pretend and live a lie everyday just to have a simple life in this land which is given to us by universe, god, Allah etc., where government claims that they have the right to decide what is right for us.

Just a couple of years ago Maldivians thought that the rate of sexually and physically abused people are very low, but when things started becoming clearer and when people were given voices this country's sexual and physical abuse reports red flagged in international charts. Who knows when we all are given the chance or voice to stand up, this so called 100 percent Muslim country’s stats will show up 30 percent gay, 30 percent atheists, 30 percent Muslims and rest that don’t know or don’t even care!

i know what group i will be in... i don't care group as long as i have the freedom to do what i want :)

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Posted in: Gossip

Maldives: A Happy & Gay Experience?

Via Maldives Traveller

Holiday destinations offering services designed to more directly meet the needs and sensitivities of gay and lesbian travellers are becoming increasingly lucrative, and as a result, more important to tour operators all over the world.

Yet, while the Maldives' resorts have long attracted guests of varying sexuality, faiths, race and even accents from all over the world, experts suggest that it is currently unlikely the country will look to directly market itself to homosexual visitors or other orientations of guests.

Outside the desert island resorts that are perhaps most synonymous with the Maldives to the majority of the outside world; as a strictly Islamic nation, homosexuality is not permitted under local Maldivian law, much the same as consumption of alcohol.

But where do these regulations leave homosexual tourists keen for a touch of tropical escape in the increasingly popular Indian Ocean archipelago?

Marketing experts with experience of catering exclusively for homosexual travellers suggest that the Maldives' huge number of internationally-focused resorts can still very much cater for the diverse needs and expectations of gay and lesbian tourists.

Resort life in the country is very much separated from the country's day-to-day living - beyond special cultural events taking in local cuisine, dancing, and the traditional island sounds of "Bodu Beru". As a result of this separation, visitors of just about every creed and orientation have found themselves taking in the sun, sand and various other holiday activities within the Maldives' postcard-style seclusion.

Sim Mohamed, Secretary General of the Maldives Association of Tourism Industry (MATI) tells Maldives Traveller that beyond this clear divide between resorts and everyday Maldivian island life, which includes the capital Male', there are barriers in the differing cultural values of guest and locals.

"We have had some difficulties in looking to bring visitors to the country to get married, although this is a very popular service for many guests at the resorts," says Mohamed.

In considering these difficulties, resorts are currently unable to provide legally binding wedding ceremonies in the country, although a growing number of guests come for special ceremonies to renew their vows or have a blessing on an exotic beach, jungle or lagoon environment.

MATI says that when considering the encouraging of gay and lesbian tourists, it is unlikely that the country's tour operators would market themselves to guests in regards to specific sexuality.

However, despite the potential business difficulties created by this stance, marketing experts suggest that destinations like the Maldives are not without their appeal to gay, lesbian and bisexual travellers.

Ian Johnson, Founder and Chief Executive Officer of specialist consultant group, Out Now, tells Maldives Traveller that while so-called "gay-friendly" marketing may be a beneficial addition for tour groups, individual customer service still remains key for any guest.

"In relation to the Maldives, this means that consumers will be more likely to stay at a certified welcoming resort or hotel," says Johnson.

Out Now specialises in devising marketing strategies specifically for lesbian, gay, bisexual and transgender (LGBT) guests - a diverse group handily summed up in a simple acronym. The group says it is set to outline some market research it has recently conducted at major trade events such as the World Travel Market running in London between 8 -11 November.

The research, which Johnson claims is the largest study of its kind for LGBT consumers, takes in the views of people from over 20 different nations in regards to enjoying everything from safari and adventure travel, to eco-tourism.

Just like any other market place, Out Now points out that gay and lesbian travellers come from all walks of life and have tastes that are equally as varied; from the highest luxury to budget-friendly destinations.

"It is important to note that LGBT people are usually quite sensitive to local customs and cultural and religious norms and - as with most travellers - generally try to educate themselves on culturally acceptable modes of behaviour when they are visiting a location," says Johnson.

Out Now says that the responsibility in catering to such a diverse market falls down to an individual resort to ensure they are ultimately satisfying guests during their holiday; an area it hopes it can help some groups with.

"The number one concern that lesbian, gay, bisexual and transgender (LGBT) people have when they travel is whether or not they will be made to feel welcomed," says the consultancy. "Most travellers take it for granted that if they are paying a supplier for a leisure travel product, then [it will be] delivered in a way that is all about making the customer feel welcomed."

Out Now says that it therefore provides an online training package called, GayComfort, which it hopes can help train staff, in a variety of languages, of how best to ensure world-class customer service standards in terms of welcoming LGBT guests.

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Posted in: Politics / Religion

Minivan News Controversies

via Maldives Today

Minivan News is often he focus of many allegations concerning journalism ethics and standards. 

Haveeru News on November 2009 reported that the Islamic Foundation has called on the Government to deport the editor of Minivan News website, Maryam Omidi, for publishing a reader-submitted letter on the website which talked about legalizing homosexuality in Maldives.

Ahmed Shain, Spokes Person for Islamic Foundation said that their investigation had revealed that Maryam Omidi former editor of Minivan News, a resident of UK and the editor of the Minivan News website, had worked as a journalist for one of the largest European online websites that endorsed equal rights for homosexuals. He further said that she had written and published 37 articles endorsing homosexuality between 22 October, 2007 and 17 January, 2008.

Mohamed Shaheem Ali Saeed, State Minister for the Islamic Ministry, said that they had sent the letter asking the Tourism Ministry to take steps against the website last publishing a comment letter about legalizing homosexuality on its website and planning to take legal actions against them.

Former Editor of Miadhu Ms. Suhana said in a June, 2010, “Minivan News is Nasheed’s propaganda machine. They’re an extension of the Maldivian Democratic Party.

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Posted in: News

Islamic Sharia: the Solution to Social Evils

Written By: Ibrahim Nazim | 31 August 2010 | Via Islamic Foundation of  the Maldives

Many westerners and human rights campaigners have the false notion that Maldives is a country ruled according to sharia (Islamic law). However, the truth is that apart from some aspects of marriage, divorce and legal issues involving inheritance, the courts in the Maldives do not decide matters according to Islamic sharia and this dreaded word sharia has nothing to do with most practices of the Maldivian people. There never was a time that sharia with all its principles was applied in the lives of Maldivians.    

Just seeing burqa clad women and a few bushy bearded men on the streets is no proof to accuse Maldives becoming a safe haven for Islamic extremists or al-Qaeda terrorists. According to non-Muslim westerners, the hallmarks of an extremist or terrorist Islamic society is that adulterers are stoned to death, murderers are executed, hands of the thieves are chopped off, rapists, apostates and dealers in narcotics are beheaded, women are forced to wear burqa in public, men or women involved in immorality are openly flogged.  

Apart from some few public lashings in the past none of the above mentioned methods of punishments continue to be used to punish criminals in the Maldives. Nevertheless, the non-Muslim westerners fear that soon or later the Maldives would fall ‘victim’ to Islamic sharia and this country would cease to be a tolerant Muslim nation towards non-Muslims. They are disappointed to find that with the introduction of democracy the opportunity to obtain Maldivian citizenship for non-Muslims have failed to materialize. The Article 9 (d) of the Maldives Constitution states, “..a non-Muslim may not become a citizen of the Maldives.” Moreover, the law no. 6/94 prohibits both Muslims and non-Muslims alike to carry out Christian missionary work in the Maldives and also act in a manner that may endanger the religious harmony of the people of this country.

Another appalling thing for the non-Muslim westerners is a clause in Article 142 of the Constitution of Maldives which states, “..when deciding matters on which the Constitution or the law is silent, Judges must consider Islamic sharia.” This sharia is something which makes the evangelists, the hypocrites, the LGBT’s, the agnostics and the irreligious to tremble with fear. The hardcore democrats in this country believe that if sharia begins to take effect on people’s lives, the Maldives would lose its currently obtained dignified place among the community of nations. According to them, sharia also means the husband taking three more wives to humiliate his first wife, the absolute enslavement of women folk in the society and the country becoming an enemy of the West and the United States in particular. There are people who think otherwise by citing the example of Saudia Arabia which implements most aspects of sharia but remains a close friend of the United States and the European Union. Non-Muslims visiting Saudi Arabia and other gulf states are more secure than those visiting South Africa and Latin American countries. The high crime rates in those countries send a chill down the spine of anyone thinking of visiting those countries. The Islamic Republic of Iran, a country accused of all sorts of intolerance towards non-Muslims by the West attracted 2.3 million tourists in 2009, whereas the number of tourists visiting Maldives only reached 500,000 for the same period. Out of the 2.3 million tourists visiting Iran, a significant number comes from the West and the European Union.               

Muslim countries are often singled out for criticism for not allowing drinking in public, setting a guideline for women to dress up in public and harsh penalty for heinous crimes such as child molestation, rape, murder, homosexuality, arson and robbery etc. The Westerners and the so called human rights activists fail to realize that many non-Muslim countries have the death penalty embodied in their constitution. In the United States, many criminals are sentenced to be executed by lethal injection or sending them to electric chair. In 2009 alone, the United States executed 52 criminals; out of this number, 51 were put to death by lethal injection. The official method of execution in China is by firing squad. Currently there are 68 crimes that are eligible for capital punishment in China. Singapore and Vietnam are among the countries with the highest per capita execution rate in the world. No state is willing to tolerate people involved in committing brutal and callous crimes and acts of high treason or subversion. Take the case of Timothy McVeigh, the Oklahoma City bomber who was executed by lethal injection in June 2001.           

Another embarrassment for the evangelists, atheists and islamophobiacs is the Article 10 (a) and (b) of the Maldives Constitution which states, “The religion of the State of Maldives is Islam. Islam shall be one of the bases of all the laws of the Maldives.” “No law contrary to any tenet of Islam shall be enacted in the Maldives.”    

A complication arises when a native Muslim Maldivian renounces his faith and becomes a non-Muslim. The Article 9 (a) (1.2.3) of the Maldives Constitution states the ground rules to qualify for the citizenship of this country. Though the Constitution states that no citizen of the Maldives may be deprived of citizenship, conversion from Islam to other faiths automatically invalidates a person’s citizenship as the act nullifies the condition for receiving or retaining citizenship. Most law experts in Maldives are of the view that an apostate (renegade) who refuses to repent and continues in the state of unbelief, then the State is under obligation to annul his citizenship.          

Some people mistakenly believe that sharia only deals with crimes and punishments. Though the prescribed punishments are included within the framework of sharia, punishments are just a small portion of sharia. Islam insists to block all the roads leading to evil and crime before imposing sharia punishments on the people. Therefore, the poor and the destitute have to be provided for by means of zakath, state assistance, various forms of charity or employment etc. It would be a total injustice to chop off the hands of poor people for stealing food whose children are dying of hunger. It would certainly be a ridiculous thing to allow brothels to be run and implement sharia punishments for fornication or adultery. Also allow women folk to appear semi-naked and drunk in public and beheading rapists is nonsensical. Most rapists in the West are repeated offenders. You allow rapists to come out of the prison after a year or so for him to come and rape you again, your mother or your sister again. Which way of life is barbaric? A way of life which allows notorious criminals to move freely around and create more mischief and corruption in the land or a way of life that eliminates the dangerous criminals once and for all?          

Some religions, including Christianity, insist that married couples are joined in holy matrimony until death does them apart. No matter what the problems that arises between the spouses, men and women of totally different temperaments have to remain married to live a miserable life together. The result is desertion or separation or what they call ‘domestic violence’ which is very common in the West. Many people with problems in marriage fall victim to drugs and say they do it to find consolation or free themselves from anxiety. Islamic sharia provides a solution for ending such misery by divorce. However, divorce has to be carried out only after all possible ways to reconcile the couples have failed. If the couple has got children and if they stay with the mother, the husband has to provide enough money for their proper upbringing and also meet them occasionally to make sure they do not miss their father’s love. Divorced women can remarry after their waiting period is over. Which of these ways of life are better?            

It is a misconception that prescribed sharia punishments are carried out on individuals on the grounds of suspicion and the sharia courts are more like kangaroo courts or military tribunals. Islam too insists that all are innocent until proven guilty. It is a false notion to believe that the ruler of a Muslim state has the power to condemn people to death on the grounds of suspicion for trying to seize power or commit crimes against the state. If we look at the past, we find that sharia courts in Muslim lands were independent and the rulers had no power to impose judgements. There were instances in the history that Muslim judges passed sentences against the ruler of the state. The sentences passed in sharia courts are not based on hearsay or suspicion but on proofs.            

When sharia as a whole is implemented in a Muslim society, people’s lives become much easier and they begin to feel a sense of security. Muslim societies will not attain the desired stability, calmness or tranquility unless sharia is implemented. There are many reasons for this, the first and foremost is, a Muslim society without sharia is devoid of the blessings of Almighty Allah (God). There will always be some Muslims who continuously keep building pressure by one way or the other in trying to persuade people to accept sharia as a sole guide.

It is totally absurd that President Mohamed Nasheed openly criticised sharia punishments saying that an executed person cannot be brought back to life from the dead after it has been found that he was innocent. If that is so, is it a fair thing for a person to spend 25 years behind bars and die in prison to be proven innocent later?

It is absolutely stunning that President Nasheed sought assistance from German government to amend or rewrite the little of the remaining sharia law enforced in the Maldives. He did this on the grounds of consolidating the young democracy in the Maldives. After a meeting with German Chancellor Angela Merkel, the Earth Times quotes him saying that he would welcome German assistance in building up a new version of sharia law in the Maldives. The proposed new version of sharia certainly is not going to be the sharia derived from the revealed Scripture because a new version of any book, law or legal document always negates the old version of it.

Seeking German assistance in matters of sharia is a ridiculous thing while there is Al-Azhar University and the Islamic University of Medina, both of which can offer a more sound judgement on sharia related issues. It is better for President Nasheed to stop trying to mess with what remains of sharia in this country and leave it to the legislature and the judiciary.    

In Feburuary 2008, Dr Rowan Williams, the Archbishop of Canterbury argued that adopting parts of Islamic sharia law would help maintain social cohesion in Britain. He said Muslims should be allowed to choose to have marital disputes or financial matters dealt with in a sharia court. Not long after Dr Williams said sharia law in UK seemed unavoidable, Islamic law was officially adopted in Britain. In September 2008, sharia courts were given powers to rule on Muslim civil cases and their verdict is binding under Arbitration Act 1996. However, Muslims in Britain still have a long way to go for them to be able to enforce prescribed punishments in Islamic sharia.       

The parliament in Somalia, a country with an ongoing civil war, unanimously approved to implement sharia (Islamic law) with the aim of diffusing tension between the shaky government in Mogadishu and al-shabab rebels. Also Sudan, a country with a long history of civil war seems to have become more stable after sharia was adopted.

If prescribed sharia punishments begin to be enforced in a Muslim society, its instant favourable effects starts to take shape on people’s lives. The heinous crimes such as banditry, gang rape, drug trafficking, fraud, murder, etc. begins to decrease drastically throughout the country.

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Posted in: Politics / Religion,Society