Thursday, September 27, 2012

Maldives won't allow religious extremism: Islamic Minister

Islamic Minister Mohamed Shaheem Ali Saeed has said that diverse views were expected in a democratic nation such as the Maldives but stressed that no room would be given for extremist views and beliefs in the Maldives.

According to the Islamic Ministry, Shaheem made the statement during a courtesy call made by the US Ambassador to Maldives and Sri Lanka Michele J Sison. During the meeting the Minister had also shed light on the recent remarks made by former President Mohamed Nasheed during his recent visit to the UK, that Maldives faced the threat of an Al-Qaeda attack. On that note, Minister stressed that the Islamic Scholars in Maldives did not support or condone the actions of Al-Qaeda. He added that the scholars were continuously working to make the Maldives a tourist friendly nation as tourism was integral to the Maldivian economy.

Islamic Minister had thanked the US government for releasing a statement condemning the anti-Islam film made in the US recently. Minister further urged the US government to guard against a repeat of such anti-Islamic actions while noting that it would jeopardize the peaceful relations established with the Islamic world.

The US Ambassador had noted the peaceful nature of the protest held in Maldives over the film while violent demonstrations had taken place across the Muslim world which had resulted in several deaths.

Minister further requested the US Ambassador to facilitate language training assistance for Islamic Scholars in the Maldives who wish to become proficient in the English language.
 

Arrested 98 prostitutes since March: police

Maldivian police have revealed that they have arrested 98 prostitutes in Male’ since March this year, including some expatriate males.

According to police, 58 of the alleged prostitutes have now been deported and sent back to their countries.

In one instance police said a Bangladeshi expatriate who was caught and deported had changed his name and crossed the Maldivian border by changing his information. Police said the person was arrested a second time for involvement in prostitution.

Police custody currently hold four Thai women, two Bangladeshi women and men, and three Maldivians in detention, all of them whom arrested in massage parlors on suspicious of being involved in prostitution.

According to the police statement, police have so far confiscated Rf138783 [USD9011] and USD3155 [Rf48587] found in massage parlors and alternative medical centres closed by the police for running prostitution.

Police said that since March, they have closed down 25 businesses operating as brothels in different operations conducted to reduce serious and organised crime.

The statement quoted police Inspector Mohamed Dhaudh as saying that three businesses were shutdown in March, three businesses shutdown in April, five businesses shutdown in May and six businesses shutdown in June, five businesses shutdown in July, one in August and four closed down in September.

Dhaudh said the operations to raid those businesses were mainly conducted by police intelligence and officers from the serious and organised crime department.
After the new government came in to power, police began special operations to curb the rise in prostitution in the Maldives.

In a mega protest held in Male’ on December last year by a coalition of the then-opposition parties, they demanded Mohamed Nasheed’s government close down all the spas and massage parlors in Male’ accused of running prostitution.

Monday, September 17, 2012

Born Free and Equal: a new publication of the UN Human Rights Office

The UN Human Rights Office has released a new publication on sexual orientation and gender identity in international human rights law

Download and read the publication here

The UN Human Rights Office has released a new publication on sexual orientation and gender identity in international human rights law. It sets out the source and scope of some of the core legal obligations that States have to protect the human rights of lesbian, gay, bisexual and transgender (LGBT) people. The 60-page booklet is designed as a tool for States, to help them better understand the nature of their obligations and the steps required to meet them, as well as for civil society activists, human rights defenders and others seeking to hold Governments to account for breaches of international human rights law.

In her foreword to the publication, High Commissioner for Human Rights Navi Pillay writes: “The case for extending the same rights to LGBT persons as those enjoyed by everyone else is neither radical nor complicated. It rests on two fundamental principles that underpin international human rights law: equality and non-discrimination. The opening words of the Universal Declaration of Human Rights are unequivocal: ‘All human beings are born free and equal in dignity and rights’.”

For almost two decades, human rights treaty bodies and the special rapporteurs and other experts appointed by the Human Rights Council and its predecessor have documented widespread violations of the human rights of LGBT people. Reported violations include killings, rape and physical attacks, torture, arbitrary detention, the denial of rights to assembly, expression and information, and discrimination in employment, health and education and access to goods and services. In each case, the victims involved are targeted either because they are, or are assumed to be, lesbian, gay, bisexual or transgender. Oftentimes, the mere perception of homosexuality or transgender identity is enough to put people at risk.

The booklet focuses on five core obligations where national action is most urgently needed – from protecting people from homophobic violence, to preventing torture, decriminalizing homosexuality, prohibiting discrimination, and safeguarding freedom of expression, association and peaceful assembly for all LGBT people. For each, the basis of the State obligation in international human rights law is explained with reference to the substantial body of decisions, recommendations and guidance issued by United Nations human rights mechanisms. The booklet also includes examples of actions that can be taken at a national level to bring laws, policies and practices into line with applicable international human rights standards.

In recent years, many States have made a determined effort to strengthen human rights protection in each of these areas. An array of new laws has been adopted – including laws banning discrimination, penalizing homophobic hate crimes, granting recognition of same-sex relationships, and making it easier for transgender individuals to obtain official documents that reflect their preferred gender. Training programmes have been developed for police, prison staff, teachers, social workers and other personnel, and anti-bullying initiatives have been implemented in many schools.

In the coming years, much more needs to be done to confront prejudice and protect LGBT people in all countries from violence and discrimination. The Office of the High Commissioner for Human Rights hopes that this publication can help contribute to this end, by providing a practical resource for all those working for change – whether from the perspective of the United Nations, regional organizations, Governments, national human rights institutions or civil society.

Via ILGA

Source: ohchr.org

"I don’t think the Maldives is safe for me anymore" Interview with Ismail Hilath Rasheed, blogger and human rights defender

On 7th February 2012, the first democratically elected President of the Maldives, Mohamed Nasheed, resigned following a police mutiny; he was replaced by a coalition Government headed by his former Vice-President Mohamed Waheed. Mass demonstrations took place from 8th February onwards demanding early elections. Human rights violations and impunity has prevailed in recent months.

Ismail Hilath Rasheed is a blogger (http://www.hilath.com), human rights defender and LGBT activist from the Maldives. He was stabbed in the neck on 4th June 2012 by radical Islamists. He had already been attacked in December 2011 and May 2012 for holding a peaceful demonstration in support of religious tolerance. In addition, he was detained by the authorities from 10th December 2011 to 8th January 2012 for “his own safety”. His blog has been blocked by the Ministry of Religious Affairs.

FIDH: Good morning. Could you introduce yourself?

Hilath Rasheed: My name is Hilath Rasheed. I am a journalist from the Maldives and I have been blogging for more than 10 years now because there are some issues that are not covered by the mainstream media, because [what we say] is supposed to be politically and religiously sensitive.

FIDH: Could you describe what happened to you in June 2012?

HR: On the evening of June 4th, as I was entering my home when 3 young men held me from behind and one of them took a box cutter and slashed my throat. I was given less than a 1% chance of survival by the hospital, but somehow I survived. Later I found out that these 3 attackers belonged to an extremist religious group in the Maldives.

FIDH: Why did they attack you?

HR: The first sensitive case that I wrote about on my blog in July 2009 was about a child concubine kept by an extremist in Malé. The case came to light because she was only 14 when she became pregnant and was hospitalized. I started getting death threats after reporting it on my blog. I was later attacked 3 times: on 10th December [2011], in May [2012] and finally in June [2012].

FIDH: Do you think you can get justice?

HR: The present government of Dr Mohamed Waheed came to power with the help of Islamic extremists. I have seen some of my attackers behind police lines with media passes during protests in which police brutalized protestors, so I don’t think the government is serious or can prosecute these people because these Islamic extremists are now part of the government. Therefore, I don’t think I can get justice. This is why I had to escape the Maldives. I don’t think the Maldives is safe for me anymore and I don’t think the Government will prosecute the attackers.

FIDH: Is it safe to be a journalist in Maldives?

HR: It is only safe to be a journalist in the Maldives if you practice self-censorship and don’t talk about sensitive issues. I don’t believe there is freedom of expression in the Maldives now. I think the whole democratic process has been reversed. We are now back to the days of Gayoom’s dictatorship [former president Maumoon Abdul Gayoom, 1978-2008], something similar or worse, in light of recent police brutality against innocent peaceful protesters whose only mistake is sitting down in front of places in protest.

FIDH: Why are they protesting?

HR: They are asking for freedom, justice and transparent governance.

FIDH: What are your plans now?

HR: I have decided not to return to the Maldives until we have truly free and fair elections, until we have a democratic government, and until we have an independent and capable judiciary to deliver justice to me and others who have been wronged. I am continuing my activism from abroad. I keep blogging daily about issues in the Maldives.

FIDH: How can the international community help?

HR: Every day we have peaceful demonstrations in the Maldives. Whenever you go to public places in Malé you can see groups of people demonstrating. Every weekend, there is a bigger demonstration, thousands of people getting together. The protests will go on. This is a very important time for the international community to closely monitor and support the Maldivian democratic process to help it resume once again. I say this because I believe that after February 7th the Maldivian democratic process regressed and we need to begin all over again. What we achieved in 2008, with the first election of a democratic leader has all been reversed. It is very important that the international community supports the Maldives in its efforts to restore democracy to the islands.

For more information, see FIDH report: “From Sunrise to Sunset: Maldives backtracking on democracy”. 

Via FIDH

Sunday, September 16, 2012

Self-exiled blogger Hilath speaks at UN Human Rights Council

Maldivian journalist and blogger Ismail ‘Hilath’ Rasheed last week spoke at the United Nation’s Palace of Nations during the 21st session of the Human Rights Council (HRC).

In a side event dedicated to the Maldives, Hilath spoke of his fears of rising fundamentalism in his home country and called for the international community to keep a close watch on the Maldives to ensure the protection of human rights and democratic freedoms.

“Maldives may be a small country but it is not insignificant. It lies at a strategic crossroads and the cultural and political invasion of Maldives by Saudi-funded Wahhabi extremism will definitely have regional and global repercussions,” said Hilath.

Hilath was forced to flee the Maldives earlier this year after an assassination attempt left him within millimetres of death when a group of men slashed his throat just yards from his home in Male’.
Hilath later attributed the assassination attempt to Islamic radicals who had threatened his life on numerous previous occasions.

As well as making international headlines, Hilath’s case has been championed by both Reporters Without Borders (RSF) and, more recently, by the International Federation for Human Rights (FIDH).
Both organisations called for an immediate investigation into the attack, the latter criticising the authorities for failing to adequately investigate the incident.

“Until 2003, for the past 800 years, the Maldives had been a moderate and liberal Islamic country,” said Hilath, whose speech is also available on his blog which has been blocked by the authorities since November.

“However, in the last years of [Maumoon Abdul] Gayoom, due to poverty and oppression, and also as a result of the forced imposition on the Maldivian people of Gayoom’s own version of Islam, extremism took a hold, and though it is still a minority, it is a very vocal and formidable one that both [Mohamed] Nasheed’s and [Mohamed] Waheed’s governments have been unable to tackle,” he continued.

“But a stark difference has been that while Nasheed’s government officially acknowledged there was an extremist problem in Maldives, Waheed is refusing to acknowledge the problem. While Nasheed sought to keep extremism in check by bringing them into his government, in the form of the Adhaalath Party, Waheed came into power on the back of extremism, and therefore is giving free reign to extremists,” said Hilath.

Prior to this year’s transfer of presidential power, Hilath suffered a fractured skull after an attack during a silent protest in support of religious tolerance last December.

He was later arrested in relation to the protest after the religiously conservative Adhaalath Party (AP) wrote a letter to the police.

This prompted Amnesty International to declare him a prisoner of conscience and to demand his immediate release.

The 2008 constitution defines the Maldives as a one hundred percent Sunni Islamic nation and makes observance of the faith a prerequisite of citizenship.

“What is worrying is that while Nasheed allowed extremists to spread their propaganda through private channels, Waheed’s government is directly sanctioning the promotion of the extremist agenda through official religious channels,” said Hilath.

“The Adhaalath Party, under whom extremists operate, and under whose umbrella the Islamic Affairs Ministry has been under both Nasheed and Waheed, is now using Friday prayer sermons, also known as khuthubas, to spew bigotry, mysogyny, homophobia, xenophobia, racism, sexism and other sorts of discrimination, and to issue fatwas or religious rulings proclaiming the arts and humanities, such as photography, art, music, singing, dancing and acting as haram or sinful,” he added.

Two days after Hilath’s speech in Geneva, the Islamic Ministry distributed a circular calling for the banning of mixed gender dancing.

This news put the Maldives in the global media spotlight for the second time this month after the sentencing of a 16 year old girl to 100 lashes for fornication – in accordance with Islamic Sharia – had already made international headlines.

Last Friday also saw a gathering of religious protesters outside of the United Nations (UN) building to register their anger at the anti-Islamic film “Innocence of Muslims”.

Protesters burned the American flag and waved banners, one of which read “Maldives: Future graveyard of Americans and Jews”.

Repeated chants were heard urging President Waheed to return America’s US$20,000 contribution to restore the historical Buddhist artifacts in the museum, which were destroyed by a mob of vandals during February’s political turmoil.

Some protesters stated that if the idols were restored, they would promptly destroy them again.

In response to the issue of dancing, President’s spokesperson Abbas Adil Riza told the Associated Free Press (AFP) this week that the circular was not legally enforceable and that the Maldives would always be “a very tolerant society”.

“It is deeply regrettable that both Nasheed and Waheed have done little or nothing to curb extremism as every political party in Maldives seems afraid of extremists,” said Hilath.

“What is really depressing now is that since Waheed’s government is backed by Islamic extremists, who in turn have been backed by rogue police and military officers, extremists are now acting with impunity,” he added.

“The only hope we have in saving the Maldives is by the international community keeping a close watch. I, therefore, welcome UN Human Rights Commissioner Ms. Navi Pillay’s decision to assign a Human Rights Advisor to the Maldives as rising Islamic extremism is causing serious setbacks to human rights, freedom of expression and democracy in the Maldives,” he said.

After visiting the Maldives last November, Pillay called for a moratorium on corporal punishment and criticised the Muslim-only clause in the constitution.

Protesters subsequently gathered outside the UN building, calling for Pillay’s own arrest and flogging.

Saturday, September 15, 2012

MP Nasheed proposes bill criminalising sexual offenses

Independent Member of Parliament Mohamed Nasheed has published on his personal blog a bill he submitted to parliament in June this year, proposing to criminalise sexual offences.

The bill defines actions to be taken against specific types of sexual offenses, including rape, spousal rape, prostitution, bestiality and incest.

Nasheed stated that he felt a bill like this is immensely important because of the serious nature of modern day sexual offenses. He states that the current legislative framework governing such offenses is too lenient, and that the proposed bill would provide a stronger penalisation structure.

Nasheed has said that he believes it is equally important to criminalise sexual offenses against adults, similar to the existing laws criminalising such acts against children.

Thursday, September 13, 2012

Islamic Ministry calls for ban on mixed-gender dancing

The Ministry of Islamic Affairs has sent a circular to all government institutions banning the holding of any mixed gender dance events.
 
The circular, which was sent to all government offices, council offices and media, also calls for adolescent girls to be banned from activities requiring them to dance.

Minister of Islamic Affairs Sheikh Mohamed Shaheem Ali Saeed called on the government to cease including activities such as dancing and singing to mark various occasions.

The administration of former President Mohamed Nasheed had included such dancing in official celebrations to promote and preserve traditional Maldivian culture. However Shaheem said such activities contravened the disciplinary guidelines and customs of Islam. It is unclear whether the call in the circular is legally enforceable under existing regulations.

The Ministry said it was acceptable to hold performances which fall within the boundaries of Islamic customs and disciplinary norms. Events such as children’s activities, performances exhibiting military skills, parades, playing the national anthem, boy scouts and girl guides performances, and the folk dance ‘Thaara’ were acceptable forms of entertainment, according to the Ministry.

‘Thaara’, dhivehi for ‘tambourine’ is a folk dance where performers sit in parallel rows, singing and dancing. This is performed specifically by men. The traditional songs sung during ‘Thaara’ are mostly in Arabic and the activity itself is said to have entered Maldivian culture through Arab influence.

The Islamic Ministry stated that its mandate is to provide religious counsel to the government, to plan state-organised initiatives of spreading and strengthening islamic values among Maldivians, and to teach citizens the righteous ways outlined in the religion.

Shaheem told Minivan News today that the directives in the circular were intended for both state bodies and individual citizens. He made no further comment.

The call for gender segregated performances comes after the government held a belated Independence Day celebration on September 9. The event was held at the National Stadium and featured dances and other performances by school children and the security forces.

High Court rules circumstantial evidence sufficient proof for child sexual offences

The High Court has ruled that in cases concerning sexual offences against children where there is not sufficient evidence as specified in the law,  the offence can be proven in court based on circumstantial evidence.

The unanimous ruling was passed by a panel of three judges who presiding over an appeal lodged by a defendant, who had been sentenced to 10 years in jail by the Baa Atoll Fehendhoo Magistrate Court on charges of sexual abuse involving a child.

Act number 12/2009, detailing special actions to be taken in cases of sexual offenses against children, states that a minimum of 5 out of 12 types of evidence specified in Article 47 must be presented for the crime to be proven in court.

An official of the Baa Atoll Fehendhoo Magistrate Court told Minivan News that the case had been concluded by the court on June 21, 2011.

She said the incident itself involved allegations that Ali Abdul Rahman of Blue House, B. Fehendhoo had sexually abused an underage boy from the same island on July 24, 2010.

She also confirmed that the case had been concluded regardless of the required five types of evidence not having been presented, on the grounds that there was enough circumstantial evidence to prove the offence had occurred without a doubt.

Minivan News reported earlier this month a case involving an underage girl who was was sentenced under Sharia law to 100 lashes and eight months house arrest for fornication with a 29 year-old man. The man was sentenced under common law to 10 years in prison.

Police shut down beauty salon over suspected prostitution

Police on Wednesday night raided a beauty salon located on the third floor of the ‘Kolkatha’ building near the ‘Campus’ store in Male’ as part of an ongoing operation to target businesses and individuals with alleged links to prostitution.

The Maldives Police Service’s Intelligence Department and Serious and Organised Crime Department announced they had conducted the joint special operation after receiving information that prostitution was taking place at the salon.

According to police, two female Bangladesh nationals and a Thai woman were arrested during the raid.  Two male Bangladesh nationals and a Maldivian man were also found inside the salon at the time.

After a search of the salon, officers reported they had discovered MVR 1055 and certain items used to conduct sexual activities, police stated.

The Police Serious and Organised Crime Department is further investigating the case.

Several beauty salons and alternative medical care centres suspected of being involved in prostitution have been closed after the government of President Mohamed Waheed Hassan came to power in February.

On Monday (September 12), police raided the ‘Sondo Bon Beauty Care Salon’ upon receiving reports that it had been operating as part of a prostitution ring.

Police raided the salon at 8:00pm and arrested three Thai women and two Maldivian men.  According to police, the Thai nationals were aged 21, 24 and 36, while both Maldivian men arrested were 30 years of age.

Police obtained a search warrant from the court and discovered items used for sexual purposes, as well as MVR 68,000 (US$4415) and US$200 in cash.

Wednesday, September 12, 2012

I cried… during your speech

Yesterday, on my 37th birthday, I was Guest Speaker at a side event on Maldives at the 21st session of the United Nations Human Rights Council taking place from 10 to 28 September in Geneva Switzerland.

My topic was rising Islamic extremism in Maldives and how it is threatening human rights in Maldives.

Delegates and diplomats later met me and said that my speech “was great” and that they didn’t know before that Maldives was in such deeply troubled waters.

“Thank you for coming here and telling us. I cried while listening to you during your speech,” a Kashmir delegate said to me.

“Now I keep quiet about my Muslim identity because everywhere you travel around the world, Muslims are now seen in a bad light after the September 11 attacks on the United States,” she said.
“It’s time we save Islam from extremism,” said another delegate.

A Canadian delegate today told me that “freedom of religion and LGBT rights are the top two issues currently of concern to Canada” and that she’s “really happy Maldives is trying to come to terms with it.”

Military officer and security guard under investigation for homosexuality

Police is investigating the case of a Military officer having gay sex with a security guard at the Justice Building.

The Criminal Court revealed that the two arrested by Police are Abdul Aziz Ali (from Baa atoll Thulhaadhoo's Kanamaage house) who is a security guard at the Justice Building and Ibrahim Mohamed (from Dhaalu atoll Maa-emboodhoo island) who is a Military officer.

The Court disclosed that the two are accused of engaging in homosexual relations in a public space near Hiriya School on the evening of the 6th of this month.

The Court also revealed that when they were arrested by Police from that area, the Court had extended detention for each of them by five days. And when the extension ran out last night, the Court has extended their detention by another 10 days. 

Monday, September 10, 2012

From sunrise to sunset: Maldives backtracking on democracy

During its fact-finding mission in the Maldives last August, FIDH was able to ascertain the deterioration of freedom of assembly and freedom of press, and collected accounts of victims of police brutality and arbitrary arrests. Most importantly, FIDH was able to witness the influence of radical groups detrimental to women's rights, among others, as demonstrated on 4th September with the sentencing of a 16-year old girl to flogging. These groups also call for the implementation of the death penalty as condoned in Sharia, by reversing the moratorium in place since 1953. The blogger and human rights defender Hilath Rasheed, an advocate of religious tolerance, was stabbed in the neck last June. Invited by FIDH in Paris and Geneva this week, he stated about this attack: "Extremists attacked me cowardly on 4th June. I narrowly survived and they tried to kill me again while I was in hospital. Although I am now in exile, I ask the Maldivian authorities to launch an investigations, which is yet to be done.", said Hilath Rasheed.

Tuesday, September 4, 2012

Maldives' Court sentences 16 year-old girl to 100 lashes for sex act

A 16 year-old girl has been sentenced to 100 lashes, which she will face when she turns 18, by a Maldivian court for having sex. 

The Hulhudhufaaru Magistrate Court in Raa Atoll also sentenced a 29 year-old man to 10 years imprisonment, after it found him guilty of having sex with the minor girl. 

As she is a legally a minor, the court stated that the girl's sentence would be implemented when she turned 18, the Minivan News reported. 

An official told the local media that the man travelled to the island after the girl invited him. The the girl's family noticed that she was not at home and went looking for her, the official said. 

The pair were found that night in some bushes behind the island's power house, he added. 

The court official said the the girl's family pressed charges, which were denied by the man. However the girl confessed, local press reported. 

The man was sentenced under the Child Sex Abuse (Special Provisions) Act which states that if a person touches a minor with the intention of having sex, then it is a punishable crime. A person found guilty of such a crime can be sentenced to a term of 10-14 years in prison. 

According to statistics revealed by the Gender Department in April this year, between December 2010 and October 2011, 1,138 cases of child abuse were reported from atoll family and children service centres. 1,005 of these cases involved minors while 133 of these cases involved victims aged older than 18, the report said.

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