Response to the UN’s Decision to Remove Sexual Orientation from the Resolution on Extrajudicial, Summary or Arbitrary Executions

Association of British Muslims calls on the UN General Assembly to reverse its vote on the exclusion of sexual orientation from the Resolution on Extrajudicial, Summary or Arbitrary Executions

On 16th November 2010, the United Nations’ General Assembly’s Third Committee voted to amend a previous resolution of the General Assembly that had outlawed extrajudicial, summary or arbitrary executions.

This resolution is reviewed every two years, and in 2008 it had been amended to mention specifically those killings that take place because of the sexual orientation of the victims. The 16th November vote removed that special mention.

The Association of British Muslims views this decision with considerable concern. It is the duty of the UN’s Human Rights Committee to uphold the rule of law, so it should vigorously oppose any extrajudicial, summary or arbitrary executions by whatever party and for whatever reasons.

It should also act to preserve the human rights of all vulnerable communities.

Removing this clause at this time will send quite the wrong signal to those regimes that indulge in these barbaric practices, implying as it does that United Nations is no longer concerned at the maltreatment of people because of their sexual orientation or considers it to be a lesser matter.

Referring to the Nazis, Paster Martin Niemoller once wrote, ‘First they came…’. Have we not learned anything since the tragedies of World War 2? Niemoller started out by saying, ‘First they came for the communist’s, and I did not speak out, because I was not a communist’ Then, the socialists, trade unionists, Jews and other groups until finally he writes, ‘Then they came for me, and there was no one left to speak out for me’.

The Committee vote is to be ratified in December. The Association of British Muslims calls on member states of the General Assembly not to endorse the decision of its Third Committee, and to reinstate the deleted clause.”

Shaykh David Rosser Owen, Amir/President of AOBM
Dan Littauer, Human Rights and Press Relations Coordinator of AOBM
Mohammed Abbasi, Strategy Director of AOBM
Paul S. Armstrong, Director for Interfaith and Interpolitical Dialogue of AOBM
Adeel Rahman, Education Coordinator of AOBM

Contact: press@aobm.org

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Posted in: Report

Report on The Maldives Islands: 9 Session of the Universal Periodic Review – November 2010

 Via Google Docs

This report is submitted by: The Maldives Women Coalition - MWC 1 and The Sexual
Rights Initiative 2 . This report deals with sexual rights in Maldives and makes references
specifically to the situation of young men and women and cultural norms/beliefs about
gender/sexuality that lead to human rights violations, including discrimination, domestic and
sexual violence, lesbian, gay, bisexual and transgender people (LGBT).

A. Background

1. The Maldives islands have been populated as early as historical records are available.
Estimates based on archaeology and linguistics concludes that the islands were populated
around 2,500 years ago if not earlier. Islam was introduced to the Maldives in the 12th
century, and in 1155 the whole nation was converted after the decree of the king who took the
title of sultan. Old temples were demolished and mosques built on their foundations. Islamic
law and moral codes were imposed upon the population much later, mainly in this century.

B. The Legal Framework

2. The Maldivian legal system is based on shari’ab law 3 . Personal law which includes family
and inheritance laws are exclusively governed by shari’ab law. Other laws such as criminal
law, contracts, company law etc, are governed by laws enacted by parliament based on
sharia’ab law. The Legislative sources are based on the Constitution of the Republic of
Maldives, Laws enacted by Parliament, Statutory instruments (Rules and Regulations of the
various government authorities) 4

3. The administration of Justice is the responsibility of the various courts under the ministry
of justice and the High Court of Maldives. There is a court in each island which hears
criminal, juvenile, family as well as civil cases. Criminal cases are heard in the criminal court,
while civil cases are heard in the civil court. The High Court of Maldives has the authority to
hear any of the cases heard in the lower courts if it considers it to be in the interests of justices
that the case be heard 5

Main Issues

C. Cultural norms/beliefs about gender/sexuality

4 Maldivian state imposes restrictions to Human Rights in the name of Islam. Human rights
and fundamental freedoms are considered as a western norm and its universality denounced.

5. Divorce is available to men and women, but husbands may divorce more easily if the
decision is not mutual. Women suffer greater losses in divorce than men do, because of their
financial dependence on their husbands. Women often stay in the homes of their ex-husbands
until they remarry. Divorced women and their children are particularly economically
vulnerable and divorced women have limited choices to improve their situation apart from
remarrying. The effect on women and children of being forced to continue residence with an
estranged husband or father has not been closely addressed.

6. A Muslim woman is not allowed to marry a non-Muslim man whereas Muslim men are
allowed to marry non-Muslim women 6 . With the object of protecting morality and preventing
sexual anarchy, women are expected to cover their whole bodies bar, their faces and their
hands up to their wrists. Women can have no contact with men to whom they are not related
without the presence of a male relative.

7. Maldives women had the freedom to dress according to indigenous norms and give their
children Divehi language names. They also had the freedom to be governed by female rulers.
One by one, these indigenous freedoms were violated by the mullahs. It looks increasingly
likely that very soon every Maldive women would be obliged into the Islamic head-dress
called hijab by decree. 7

8. Girls and boys are separated from the very beginning in schools. In the base of the laws of
Maldives, women are the source of corruption in the community and the cause of the
deviation of men 8 . By these crimes they are controlled and punished from the early childhood
and during all their life 9

9. Girls are under enormous pressure in school as well as in society. This deprives them of
free movement, from playing freely, and from happily participating in social activities. The
schools authorities spy on girls to see if they wear make up, to hear if they talk about boys or
if they carry pictures of stars. Pupils are even intimidated into spying on their parents and to
report to the school authorities about their parents’ life style and whether their female
relatives offend against Islamic rules at home. This has produced a system of inquisition in
schools. The environment is full of repression and control, the control of children’s minds and
behaviour. Friendship between girls and boys is forbidden, considered a sin and punishable.
Girls are under strict scrutiny. Their talking, walking, laughing, dressing and movements are
controlled and carefully monitored. Teachers and principals punish girls physically and
psychologically if the veil is not worn properly even at play.

D. Female discrimination

10. Culture dictates a certain level of separation of men and women in the
workplace. Usually, women are found in lower-paying positions, such as clerical work,
agriculture, and service jobs in the tourist sector. Maldives has experienced rapid economic growth and modernization over the past decade, but many women benefit less from this
growth, because some traditional beliefs conflict with women’s free participation in the
economic market.10

11. In connection with sex roles and stereotyping, the traditional cultural values associate
women mainly with domestic work and childcare, and there are limited opportunities for
women to work outside the home. 11

12. Regarding the role of women in political and public life, women have the right to vote in
all elections and are eligible for candidature to elected bodies and all public positions except
that of head of State. Although women are entitles to stand as candidates for the National
Assembly, the percentage of women candidates is small. Only three out of the 50 members of
the National Assembly are female. In the absence of constitutional barriers to women’s
participation in decision-making positions, the main constraint of women’s access to these
positions is the deeply rooted gender subordination.

E. Domestic and sexual violence

13. The women of Maldives face violence in various forms within their homes, in public
space, in the workplace, and within the community in general. Generally is observed that
these kinds of problems are not denounced and tend to kept in secret because women believe
that these issues should remain in the family. It may be difficult for them to talk to someone
because their husband may be very controlling. Maldivian government tries to hide these
issues believing that it is a family problem that should be dealt within the private sphere.

14. A married woman must have sex whenever the husband wishes 12 . A man can easily
divorce a woman by pronouncing that he is divorcing her three times. Polygamy with up to
four wives is permitted, and temporary marriage is allowed whereby a man can have access to
an unlimited number of women. Men are also permitted concubines and female slaves. No
specific definition of rape exists and the law does not extend to recognize marital rape.

15. As traditional practices, a man is ordered to beat his wife if she doesn't obey him. The
marriage with young girls who have not reached puberty is common practice.

16. The Maldive Law is totally opposed to freedom of dressing – for women. This is an
obvious and enormous barrier to the personal development of girls and women; going against
their autonomy, freedom of expression and exercise of their sexuality. Under Islamic law,
women have no choice about their looking and are imprisoned behind veils under the
justification that otherwise men cannot trust that they will control their sexual impulses. On
the pretext of protecting their honor, women are kept locked up, isolated and unable to enjoy a
full life and to develop their potential 13 .

17. Children grow learning that the main duty of women is to take care of the home and
children. Women are pictured only as mothers and housekeepers. The transmission of
stereotypical gender roles is an essential element of school education. In this way, oppression
of women by men and male domination are perpetuated and naturalized in our culture. In
school, children are taught that the traditional male–female gender roles, women’s
segregation, and sexual apartheid are a desirable state for women in society. They also learn
that women are inferior to and equal to only half of a man, that women belong to men, that
men have the right to punish their wives if they do not obey them, that women constitute a
potential source of corruption in society so the hijab must be imposed on them. They are
taught that the veil is the legitimate physical border of a woman’s existence in society to
protect men and the community from any possible moral and social danger and the
devastation they may cause.

18. Child sexual abuse is allowed by Islamic Law 14 . A Muslim man can have sex with a baby
girl without consequences. This also means that non-Muslim pedophiles can convert to Islam
and their illegal behaviors get legal.

F. LGBT Rights

19. Consensual acts between adults of the same sex is illegal in the Maldives under the
Sharia 15 . Punishment for adults is 19-39 lashes and one to three years banishment or jail time.
A serious issue of concern is that consensual acts between adults receive almost the same
punishment as acts between an adult and a minor. 16 The penalty for an adult engaging in
same-sex relations with someone younger than 16 is 19-39 lashes and three to six years
banishment or jail time. Sexual acts between men and between women are not regulated by
the Penal Code, but are prohibited by Islamic Sharia law, applicable to Maldives along with
civil law, with penalties decided by Islamic courts. The punishment for women is house arrest
for nine months to one year. There have been reports of women being sentenced to a
whipping as well for lesbian acts.

G. Recommendations

The government of Maldives should:

20. Take the necessary steps –including legislation- to stop child sexual abuse and other forms
of sexual violence and create an independent judiciary body to deal with independent and
impartial investigations on these issues, and dispose punishment to perpetrators and redress to
victims.

21. Ensure that all children, particularly girls, enjoy fully the right to such measures of
protection as are required by their status as minors, following the international standards.

22. Inform victims of sexual violence and their families about their rights and judicial
proceedings, offer counseling to women and child victims through trained staff, and avoid re-
traumatizing or stigmatizing victims during the judicial process.

23. Take appropriate action to stop female discrimination, on the basis of gender, sex and
marital status, introduce provisions by amending the Nationality Law which discriminate on
the basis of gender, religion, sex or status and violate the right to equality of spouses.

24. Prohibit any law, custom, or tradition that undermines women's dignity, welfare, interest,
and autonomy; the definition of equality should be incorporated into the draft law on
women’s rights 17 as well as in the Constitution to ensure compliance with international
human rights standards, including gender-neutral statutes related to adultery and premarital
sex.

25. Guarantee women's right to equal treatment with men, including equal rights to inherit,
has access to, and control property.

26.Continue to address, through radio, press and other media, support for women's and girls'
rights to equality in all aspects of their public and private lives, including freedom from cruel,
inhuman, or degrading treatment.

27. Investigate and prosecute persons who threaten to harm female family members to
dishonoring the family; and implement recruiting and training programmes for female police
officers to investigate crimes of domestic violence, commissioning experts in this area in
order to modify police attitudes and teach relevant skills.

28. Create adequate and accessible shelters for victims of domestic violence, especially for
women who have been victims of "honor" crimes or who are at risk of such violence,
including their children.

-end-

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Posted in: Report

Sexual orientation removed from UN resolution condemning unjustified executions

by International Gay & Lesbian Human Rights Commission

The amendment narrowly passed 79-70 reversing the 2008 declaration that included an explicit reference to killings committed because of the victims' sexual orientation. IGLHRC reports.

The IGLHRC issued a statement on Nov 17, 2010:

The International Gay and Lesbian Human Rights Commission (IGLHRC) and ARC International are deeply disappointed with yesterday’s vote in the Third Committee of the United Nations General Assembly to remove a reference to sexual orientation from a resolution on extrajudicial, summary or arbitrary executions. The resolution urges States to protect the right to life of all people, including by calling on states to investigate killings based on discriminatory grounds. For the past 10 years, the resolution has included sexual orientation in the list of discriminatory grounds on which killings are often based.

The removed reference was originally contained in a non-exhaustive list in the resolution highlighting the many groups of people that are particularly targeted by killings - including persons belonging to national or ethnic, religious and linguistic minorities, persons acting as human rights defenders (such as lawyers, journalists or demonstrators) as well as street children and members of indigenous communities. Mentioning sexual orientation as a basis on which people are targeted for killing highlights a situation in which particular vigilance is required in order for all people to be afforded equal protection.

The amendment removing the reference to sexual orientation was sponsored by Benin on behalf of the African Group in the UN General Assembly and was adopted with 79 votes in favor, 70 against, 17 abstentions and 26 absent.

"This vote is a dangerous and disturbing development,” said Cary Alan Johnson, Executive Director of IGLHRC. “It essentially removes the important recognition of the particular vulnerability faced by lesbian, gay, bisexual and transgender people - a recognition that is crucial at a time when 76 countries around the world criminalize homosexuality, five consider it a capital crime, and countries like Uganda are considering adding the death penalty to their laws criminalizing homosexuality."

This decision in the General Assembly flies in the face of the overwhelming evidence that people are routinely killed around the world because of their actual or perceived sexual orientation and renders these killings invisible or unimportant. The Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions has highlighted documented cases of extrajudicial killings on the grounds of sexual orientation including individuals facing the death penalty for consensual same-sex conduct; individuals tortured to death by State actors because of their actual or perceived sexual orientation; paramilitary groups killing individuals because of their actual or perceived sexual orientation as part of “social cleansing” campaigns; individuals murdered by police officers with impunity because of their actual or perceived sexual orientation; and States failing to investigate hate crimes and killings of persons because of their actual or perceived sexual orientation.

"It is a matter of great shame that the responsible Committee of the United Nations General Assembly failed in its responsibility to explicitly condemn well-documented killings based on sexual orientation," said John Fisher, Co-Director of ARC international. "The credibility of the United Nations requires protection of all persons from violations of their fundamental human rights, including on grounds of sexual orientation and gender identity. We thank those States which supported the inclusion of sexual orientation in the text, and will redouble our collective efforts to ensure that Member States of the United Nations maintain the standards they have sworn to uphold."

The amendment runs counter to other positive developments in UN and regional human rights systems where there is increased recognition of the need for protection from discrimination regardless of sexual orientation and gender identity. At a September 2010 panel held in conjunction with a session of the Human Rights Council in Geneva, UN Secretary General Ban Ki-moon unequivocally recognized "the particular vulnerability of individuals who face criminal sanctions, including imprisonment and in some cases the death penalty, on the basis of their sexual orientation or gender identity."

Sixty-eight countries have also signed a joint statement in the UN General Assembly on human rights, sexual orientation and gender identity which calls for an end to "human rights violations based on sexual orientation and gender identity … in particular the use of the death penalty on this ground [and] extrajudicial, summary or arbitrary executions."

IGLHRC and ARC International urge all States, regardless of their vote on this amendment, to sign the UNGA joint statement affirming support of the human rights of all people, regardless of sexual orientation and gender identity and to continue in efforts to decriminalize same-sex conduct and to end other discrimination, including violence, on the basis of sexual orientation and gender identity.
The votes to amend the resolution were as follows:

In favor of the amendment to remove sexual orientation from the resolution on extrajudicial, summary or arbitrary executions (79):

Afghanistan, Algeria, Angola, Azerbaijan, Bahamas, Bahrain, Bangladesh, Belize, Benin, Botswana, Brunei Dar-Sala, Burkina Faso, Burundi, Cameroon, China, Comoros, Congo, Cote d’Ivoire, Cuba, Democratic People's Republic of Korea, Democratic Republic of Congo, Djibouti, Egypt, Eritrea, Ethiopia, Ghana, Guyana, Haiti, Indonesia, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kenya, Kuwait, Lebanon, Lesotho, Liberia, Libya, Madagascar, Malawi, Malaysia, Maldives, Mali, Morocco, Mozambique, Myanmar, Namibia, Niger, Nigeria, Russian Federation, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and Grenadines, Saudi Arabia, Senegal, Sierra Leone, Somalia, South Africa, Sudan, Suriname, Swaziland, Syrian Arab Republic, Tajikistan, Tunisia, Uganda, United Arab Emirates, United Republic of Tanzania, Uzbekistan, Viet Nam, Yemen, Zambia, Zimbabwe

Opposed to the amendment to remove sexual orientation from the resolution on extrajudicial, summary or arbitrary executions (70):

Andorra, Argentina, Armenia, Australia, Austria, Belgium, Bhutan, Bosnia-Herzegovina, Brazil, Bulgaria, Canada, Chile, Costa Rica, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Estonia, Finland, France, Georgia, Germany, Greece, Guatemala, Hungary, Iceland, India, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Micronesia (FS), Monaco, Montenegro, Nepal, Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Samoa, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Former Yugoslav Republic of Macedonia, Timor-Leste, Ukraine, United Kingdom, United States, Uruguay, Venezuela

Abstain (17):

Antigua-Barbuda, Barbados, Belarus, Cambodia, Cape Verde, Colombia, Fiji, Mauritius, Mongolia, Papau New Guinea, Philippines, Singapore, Sri Lanka, Thailand, Trinidad and Tobago, Tuvalu, Vanuatu

Absent (26):

Albania, Bolivia, Central African Republic, Chad, Dominica, Equatorial Guinea, Gabon, Gambia, Guinea, Guinea-Bissau, Honduras, Kiribati, Kyrgyzstan, Lao People's Democratic Republic, Marshall Island, Mauritania, Nauru, Nicaragua, Palau, Sao Tome Principe, Seychelles, Solomon Islands, Togo, Tonga, Turkey, Turkmenistan

The mission of The International Gay and Lesbian Human Rights Commission (IGLHRC) is advancing human rights for everyone, everywhere to end discrimination based on sexual orientation, gender identity, or gender expression. A non-profit, non-governmental organization, IGLHRC is based in New York, with offices in Cape Town and Buenos Aires. Visit http://www.iglhrc.org for more information.

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Posted in: News

Man sentenced for indecently exposing himself to a minor

By Ahmed Nazeer | November 2nd, 2010 | via Minivan News

The Criminal Court yesterday sentenced a man to three years in prison after the court found him guilty of the indecent exposure of his body to a minor in Villingili.

The court identified the offender as Mohamed Saeed, 39.

The Criminal court said the brother of the male victim received information of the incident and reported to police that Saeed was attempting to have sex with the boy inside a guest house named ‘Beach View’ in Villingili.

“When police went to the guest house after receiving the information from the victim’s brother, police attended the scene and saw Saeed standing naked near the bed,’’ said the Criminal Court. “The boy was lying on the bed when the police arrived.’’

The Criminal Court said the victim told the court that Saeed went into the toilet and came out naked.

Saeed told the court that he worked in a cargo ship and came to Male’ for his vacation.

The Court sentenced him according to the ‘Act on special actions against sexual abuse to minors’ section 22[a] and 22[b].

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Posted in: News