Maldives: The Dark Side of Life

ASIAN CENTRE FOR HUMAN RIGHTS

Maldives: The Dark Side of Life

ASIAN CENTRE FOR HUMAN RIGHTS C-3/441-C, Janakpuri, New Delhi 110058 Tel/Fax: +91 11 2562 0583, 2550 3624 Email: [email protected]; Website: www.achrweb.org

Maldives: The Dark Side of Life

© Asian Centre for Human Rights, May 2005

All rights reserved.

ISBN : 81-88987-08-5

Price : Rs. 200/- (US$ 5)

Asian Centre for Human Rights C-3/441-C, Janakpuri New Delhi-110058, India Phone/Fax: +91-11-25620583, 25503624 Email : [email protected]; Website : www.achrweb.org

Maldives: The Dark Side of Life

Table of Contents 1. Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .v 2. Executive summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 3. Ban on political parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Crackdown on pro-democracy movement and Kangaroo justice . .6 4. Continued political repression . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 Torture and custodial death . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 5. Ban on NGOs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 Denial of the freedom of expression . . . . . . . . . . . . . . . . . . . . .12 7. Gayoom's tailored made reforms . . . . . . . . . . . . . . . . . . . . . . . . .13 7.1 The shortcomings of the Peoples' Special Majlis . . . . . . . . . . .14 7.2 Fundamental rights or fundamental problems? . . . . . . . . . . . . .15 7.3 Under the thumb rule of the President . . . . . . . . . . . . . . . . . . .16 7.4 Senate: What is that? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 7.5 Supremacy of the President . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 8. Recommendations: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 Annexure I: Proposals of President Gayoom for constitutional reform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 Annexure II: Response of the government of Maldives to the report of ACHR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 Annexure III: Reply of ACHR to the government of Maldives . .36 Endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 Asian Centre for Human Rights Report 2005

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1. Preface On 30 March 2005, Asian Centre for Human Rights released its report Maldives: The Dark Side of Life in a press conference to coincide with the press conference held by President Aubdul Gayoom in New Delhi on the same day. Maldives: The Dark Side of Life exposes grave human rights violations under the dictatorship of President Maumoon Abdul Gayoom. “Maldives: The Sunny Side of Life” has been the slogan of President Gayoom. On 5 April 2005, the chief spokesperson of government of Maldives, Dr Shaheed lamented the report of Asian Centre for Human Rights. Defending the reform proposal, Dr Shaheed stated that the call of the Asian Centre for Human Rights for the withdrawal of President Gayoom’s proposal “does not make any sense.” On 13 April 2005, Asian Centre for Human Rights responded to the comments of Dr Shaheed and highlighted inherent problems with the reforms proposals. ACHR has not heard further from the government of Maldives. Maldives: The Dark Side of Life is being published to draw international attention to the deteriorating human rights situation in the Maldives and provides the reasons as to why international community must exert pressure on President Gayoom to bring and end to repression on the democratic activists and start genuine constitutional reforms.

Suhas Chakma Director

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2. Executive summary: On 14 March 2005, President Maumoon Abdul Gayoom of Maldives unveiled his much-vaunted proposals for constitutional reforms. Because of the lack of any substantive reforms for genuine multi-party democracy, the proposals appear to be manipulative tricks to have tailor made constitutional reforms to suit his purpose of further strengthening the powers of the President while attempting to appease an increasingly critical international community. The proposals remain silent on allowing registration of political parties. President Gayoom was on a six day visit to India from 27 March 2005 at the invitation of the government of India. President Gayoom took the opportunity to proclaim himself as a great reformer after ruling the Maldives with an iron hand since 1978. On 7 March 2005, Strategic Communications Unit of the President’s Office published the proposals of President Maumoon Abdul Gayoom for constitutional reforms. Under intense international pressure following massive crackdown on those who held protests on 12-13 August 2004, President Gayoom declared on 31 December 2004 that he had ordered the withdrawal of charges of high treason and public disorder offences against those who participated in the demonstrations. However, none of the detainees has received the notices from the government so far informing them about the withdrawal of the charges. It is feared that charges have been actually ‘suspended’ with the option to re-activate them at a later date if they oppose President Gayoom’s regime or his cosmetic reform proposals. This report highlights continued political repression even after declaration of socalled general amnesty on 31st December 2005 and holding of the elections for the parliament, the Majlis, in January 2005. On 10 December 2004, Ihsan Ahmed Naseer, a minor, was arrested under the Prevention of Terrorism in the Maldives Act (Law no.10/90) for allegedly making threatening phone calls to the government officials. He was held until the Court released him on 29 December 2004, only to be re-arrested on 24 January 2005. He was released after one month in detention on 24 February 2005 and is required to report to the police.1 On 21 January 2005, during the elections for the Majlis, Ahmed Falah, a photographer of the Maldivian Democratic Party, was arrested under article 58 of the Penal Code for “committing an act in a public place that would disturb the peace.” He was put under house arrest on 21 March 2005 and was being detained at the time of writing this report.2 On the night of 23 January 2005, Mohamed Asian Centre for Human Rights Report 2005

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Fauzi was detained by the Maldives police at approximately 2130 hrs. He was being detained at the time of writing of this report. Arbitrary arrest, detention and torture are common in the Maldives. Muaviath Mahmood who was arrested on 4 March 2005 for alleged charges of drug offences and taken to Dhoonidhoo for investigation. He died in police custody on 9 March 2005.3 Mahmood’s neck and eyes were reportedly swollen and there was indication that blood had oozed out of his nose. An uncle of Mahmood who took part in giving a ritual bath to the corpse stated that Mahmood’s back had imprints of “square grids” very similar to those underneath heavy boots.4 Ibrahim Mohamed who was arrested on 7 March 2005 for the alleged possession of drugs alleged that policemen running from a distance gave flying kicks at his chest and stomach, hit him on the head with chairs, banged his head against walls, pulled his hair and hit him on the chest with elbows, among other things. Mohammed reportedly had several visible bruises. There is a ban on non-governmental organisations. “The Reporting Network for the Relatives of the Persons in Judicial Care” which was established in September 2004 has been denied registration. At about 9.30 pm on 19 March 2005, Ahmed Nazim Sattar, chief organizer of the “Reporting Network for the Relatives of the Persons in Judicial Care” was summoned to the Police Station for unspecified charges referred to as “regarding a matter”. He was accused of advising Mrs Sakeena, mother of Ahmed Zuhoor who was arrested on 5 March 2005 and illtreated in custody, to approach Human Rights Commission of the Maldives. Like all things in the Maldives, the only people who can form organizations are relatives of President Gayoom. The biggest NGO in the Maldives, Society for Health Education is headed by First Lady, Nasreena Abdul Gayoom. The government controls the media - television, radio and all daily newspapers and magazines in the country. The state owns the TV and Radio stations whilst all three major papers - Aafathis, Haveeru and Miadhu - are owned by cabinet ministers and the brother-in-law of the President. Ibrahim Moosa Luthfee, Mohamed Zaki, Ahmed Ibrahim Didi, and Fathimath Nisreen who were arrested in 2001 for circulating an Internet e-mail magazine, Sandhaanu, which is critical of the government, and sentenced to imprisonment, continue to remain in jail. In his proposals, President Gayoom further restricts the right to freedom of expression under the guise of banning undefined “vandalism, and other similar militant acts.” The President also proposes to create the posts of Vice Presidents and Prime Minister. Although it states that these posts will be filled with the advice of the Majlis, it provides no procedure as to how the Vice President or the 2

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Prime Minister would be appointed or elected. But the President further strengthens his power to “appoint and dismiss, on the advice of the People’s Majlis, the Prime Minister, the Chief Justice, the Commissioner of Elections and the Auditor-General, and to appoint and dismiss on the advice of the Prime Minister, Ministers, the Attorney-General, Envoys of the State sent abroad with special privileges, and Atoll Chiefs, to appoint and dissolve the Council of Ministers and to conduct public referendums on matters where the President requires to consult public opinion.” President Gayoom’s proposal of 14 February 2005 cannot address the lack of democracy which arises due to the denial of registration of political parties and civil society groups and concentration of all the powers of the State at the hands of the President. Yet, they are likely to be passed given the complete control President Gayoom has on the Peoples Special Majlis through rigged elections, nomination of one sixth of the members of the Special Majlis and inclusion of all the Ministers in the Special Majlis. International community must exert pressure on President Gayoom to bring an end to repression on the democratic activists and start genuine constitutional reforms.

2. Background on Gayoom’s authoritarianism President Maumoon Abdul Gayoom was elected to office in November 1978 after the Maldives’ first President, Amir Ibrahim Nasir announced that he would not seek office at the end of his second five-year term. President Gayoom has ruled the Maldives with an iron hand and showed no signs of leaving office after two terms. President Gayoom and his rubber stamp parliament, Peoples Majlis, adopted a new constitution in 1998. 60% of the 1998 Constitution is concerned with the powers and immunities of the President, while 40% deals with the responsibilities of the state and the rights of the Maldivian people.5 The 1998 constitution of the Maldives gives sweeping powers to President Gayoom, enabling him to control both the parliament and the judiciary. Besides being Commander-in-Chief of the armed forces, and the Governor of the Maldivian Monetary Authority, the President also controls the judiciary, with the power to appoint and remove judges and to overturn any of the High Court’s rulings. There is no Supreme Court. He also has the power to grant pardons and amnesties. Members of his family and long-term friends are in prominent positions of power. As importantly in a 100% Muslim country, the power to Asian Centre for Human Rights Report 2005

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propagate the tenets of Islam lies with the President.6 He is the virtual spiritual and temporal head of the Maldives. The Constitution of the Maldives offers no separation of powers between the excutive and judiciary. The main legislative body is the Majlis, or Parliament, composed of 50 members, 18 of whom are private citizens, and 32 of whom are public officials such as cabinet members, government officials and managing directors of state-owned companies. The President has power over the appointment of one sixth of its members (eight MPs), which provides him with a strong power base for re-election, which requires the nomination of one third of all members. According to Article 34 of the 1998 constitution of Maldives, anybody who meets the criteria to be President can contest the election. The election is conducted under Article 35 of the constitution. However, this election is not a national one. It occurs only among the Majlis members who select the final nominee for the Presidency. The only time the Maldivian people are involved is after the Majlis has chosen the new President. The so-called public presidential vote by ‘secret ballot’ is only a referendum where people can say yes or no to the President that the Majlis has already chosen. Not surprisingly, Gayoom was the only candidate in the referendum held on 17 October 2003 and was declared winner for the sixth term. In the light of increasing protest against repression and denial of democracy marked by prison riots in September 2003, President Gayoom presented an agenda for constitutional reform on 9 June 2004. The proposals have since been tabled before the Majlis. The proposals, among others, seek to provide greater independence to the judiciary, separate the powers of the head of state and government and impose a two-term limit for the presidency. The President would also lose the right to appoint eight members of the 50-seat parliament.7 Following the protests for democracy on 12-13 August 2004 and imposition of emergency, President Gayoom postponed the debate on reforms scheduled for 16 August 2004. Many of the reformist members of the Majlis like Gasim Ibrahim, the reformists’ choice for Speaker of the Special Majlis, Mohammed Munavvar and Imbrahim Hussain Zaki were arrested and held without charge. They were denied access to lawyers and family members. Both Munavvar and Zaki were sacked from the government in November 2003 due to their pro-reformist leanings. With the arrests of these leaders, President Gayoom has little opposition in the Majlis.8 Nomination for the Majlis during the elections on 22 January 2005 was announced while they were under arrest and hence could not file nominations.

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3. Ban on political parties Article 26 and Article 27 of the Constitution of the Maldives respectively provide the right to freedom of expression and freedom of association but no political party can be registered in the Maldives. President Gayoom openly discourages formation of political parties. In 2001, 42 eminent citizens including parliamentarians, academics, human rights activists, feminists and sports stars requested for the registration of a political party under the name of Maldivian Democratic Party (MDP). President Gayoom refused to register the MDP and Member of Parliament Abdullah Shakir who signed the petition was arrested under a civil offence in July 2001. It is believed that the arrest was motivated for his petition to the Minister of Home Affairs to request permission to set up the Maldivian Democratic Party.9 President Gayoom allows multi-candidates elections but no political party can be registered. Those who form political parties face serious repression. In February 2004, at least eight members and supporters of the newly-emerging Maldivian Democratic Party (MDP) were detained for several weeks ahead of a rally, which they had planned in Malé, to mark the formation of their party. The arrests were in apparent contrast to the government’s promises of greater freedoms. However, all eight MDP activists were released and no charges were brought against them.10 On 9 June 2004, during an “informal” meeting which President Gayoom convened “to share some of his ideas on constitutional reform”, he revealed his new proposals for amending the constitution. During the first sitting of the Peoples Special Majlis on 19 July 2004, 23 Members of Parliament staged a walkout after Mr. Abdulla Hameed, the Acting Speaker and brother of the President, proposed that the new Speaker be elected by a show of hands instead of a secret ballot as is required under Article 133 of the Constitution. It was reported that many members were frightened to vote openly due to fear of government reprisal.11 The Special Peoples Majlis is yet to frame the rules of procedure.12 In the elections held on 22 January 2005, nearly 150 candidates, who were forced to stand as independents due to the ban on political parties, contested the 42 seats for parliament.13

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Crackdown on pro-democracy movement and Kangaroo justice: On 13 August 2004, President Maumoon Abdul Gayoom of the Maldives proclaimed emergency under Article 144 of the 1998 Constitution of the Maldives to suppress peaceful and democratic protests. The protest started on 12 August 2004 evening when a group gathered outside the national police headquarters in capital Male demanding the release of four reformists detained earlier. As more people joined the protesters after Friday prayers on 13 August 2004, the authorities decided to release the detained reformists. But the gesture failed to pacify the pro-democracy activists who also demanded the immediate resignation of hardline ministers and President Gayoom’s brothers, Yameen and Hameed, Executive Secretary to the President, Abdullah Shahid and the Police Commissioner, Adam Zahir. After the declaration of emergency, President Gayoom assumed all the powers under Article 145 which provides that “while the Proclamation of Emergency is in force, the President shall have the power to take and order all measures expedient to protect national security and public order. Such measures may include the suspension from time to time of fundamental rights as deemed appropriate by the President and suspension of laws which in the opinion of the President impede the maintenance of national security and public order.” A total of 180 protesters were arrested after more than 5,000 pro-democracy activists rallied in the capital, Male on 12 and 13 August 2004.14 About 78 persons were detained for several weeks without any charge and access to counsel or family members. The government allowed diplomats, family members and members of the Maldives Human Rights Commission (MHRC) to visit some prisoners. After 3 weeks, a few family members were permitted family to visit some of the prisoners.15 The state of emergency was lifted in October 2004; but about 50 detainees were held without charge. Those detained included former Attorney General, Mohammed Munavvar and former Minister of Planning and Secretary General of South Asian Association for Regional Cooperation (SAARC), Ibrahim Hussain Zaki, former President of SAARC Chamber of Commerce, Gasim Imbrahim and Ibrahim Ismail. Dr. Hussain Rasheed Hassan, member of the National Human Rights Commission, lawyer Husnu-Al Suood and Ahmed Athif were also arrested. Many of the detainees including Gasim Ibrahim, Ibrahim Hussain Zaki, Mohammed Munavvar and Dr. Hussain Rasheed were harassed and intimidated. The vast majority of people attending the rallies were not engaged in any acts of violence.

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Criminal charges: After about three months of detention without charge, the government filed criminal charges against 17 of the detainees including four members of parliament for unlawful assembly and anti-government activity. The charges against some of the members are given below. 1.

Iliyas Hussain, Member of Special Majlis, was charged on 1 November 2004 under sections 46 and 50 of the Penal Code. The charge carries sentences of imprisonment for a term between one year and four years, or banishment for a term between two years and eight years or a fine not exceeding Rufiyaa 4000/-.

2.

Ali Faiz, Member of Special Majlis was charged on 15 November 2004 under sections 46 and 50 of the Penal Code.

3.

Ahmed Adil, Member of Special Majlis was released on 9 October 2004. On 27 October 2004, he was charged under sections 46 and 50 of the Penal Code.

4.

Ahmed Shafeeq, Member of Special Majlis, was charged on 15 November 2004 under sections 46 and 50 of the Penal Code.

5.

Abdullah Saeed, a minor, was charged on 6 November 2004 under sections 46 and 50 of the Penal Code.

6.

Ali Abdullah was charged under sections 44, 48 (being party to an unlawful assembly) and 56 of the Penal Code. Section 48 carries a sentence of exile for a period not exceeding 1 year or imprisonment for a period not exceeding 6 months or house detention for a period not exceeding 1 year or a fine not in excess of Mrf. 100/- or both fine and house detention. Section 56 carries a sentence of imprisonment for a period between 1 year and 5 years.

7.

Abdul Jaleel was charged on 20 October 2004 under sections 45 and 50 of the Penal Code.

8.

Elena Ahmed Abbas was charged on 6 November 2004 under section 46 and 53 of the Penal Code. If convicted the charge carries a sentence of imprisonment for a period not exceeding 4 years or exile not exceeding 8 years or a fine not exceeding Mrf. 1,000/-

9.

Imran Zahir was charged on 6 November 2004 under sections 46 and 53 of the Penal Code.

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10.

Mohamed Hassan Didi was charged on 6 November 2004 sections 46 and 50 of the Penal Code.

11.

Mohamed Naveen was charged on 6 November 2004 under sections 46 and 53 of the Penal Code.

12.

Zuhaira Umar was charged on 20 October 2004 under sections 38 (sedition and hatred among Maldivians against the government), 46 and 50 of the Penal Code.

13.

Hussain Yoosuf, (aka Pidey), was arrested following the demonstrations of August 2004 for allegedly stabbing two policemen on 13 August. He was taken to Criminal Court on 12 December 2004 for charges pressed against him. Haveeru newspaper reported that the detainee was charged under sections 46, 49, 50 and 88 of the Penal Code.

4. Continued political repression On 31 December 2004, President of the Maldives in a press statement declared that he had ordered the withdrawal of charges of high treason and public disorder offences against those who participated in the demonstrations on 12-13 August 2004. However, none of the detainees has received individual notices that charges have been withdrawn at the time of writing this report. It is feared that the charges have been actually ‘suspended’ with the option to re-activate them at a later date if they oppose the government. President Gayoom continues his repression on the political opponents. House arrest and banishment into remote islands are favourite tactics. On 10 December 2004, Ihsan Ahmed Naseer, a minor, was arrested for allegedly making threatening phone calls to government officials. After ten days of arrest, police officials reportedly informed his father that Naseer was held under the Article 2(g) of the Prevention of Terrorism in the Maldives Act (Law no.10/90). On 29 December 2004, the judge at the Criminal Court refused to give police more time to detain Naseer for further investigation since he was a minor. He was released on 30 December 2004. But Naseer was arrested again on 24 January 2005. He was reportedly brought to the Indira Gandhi Memorial Hospital on 31 January 2005 and diagnosed as having typhoid. But the police took him back to the prison without the authorization of the doctors. It was only when family members and the doctor intervened that Naseer was admitted at the hospital 8

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again. But, the family members were not allowed to meet the detainee at the hospital. After one month of detention, he was released on 24 February 2005 but is required to report to the police.16 On 22 January 2005, during the elections for the Majlis, Ahmed Falah, a photographer of the Maldivian Democratic Party, was arrested under section 58 of the Penal Code for “committing an act in a public place that would disturb the peace.” However, on 9 March 2005 the Attorney General’s Office charged him on a lesser offence of “Disobedience to Order” under 88(a) of the Penal Code. While in detention, the State also brought up previous charges of a case on his alleged involvement in assaulting a prison inmate in November 1998 (Lawsuit nos: 889/JC/2003 and 890/JC/2003). Earlier he was arrested on 13 August 2004 and was charged with high treason and charges of public disorder offences. On 22 November 2004 after 101 days in detention, he was transferred to house arrest in Male. He was released from house arrest on 28 November 2004 but was informed by police that he could not leave Male without permission. The detainee was rearrested on Election Day 22 January 2005 for videoing a protest near a ballot box in Male. He was transferred to house arrest on 21 March 2005. He is presently being held under house arrest.17 On the night of 23 January 2005, Mohamed Fauzi was detained by the Maldives police at approximately 2130 hrs and was put under house arrest. At the time of arrest, Fauzi was in his office cum residence. The police personnel forcibly entered into their residence cum office and thoroughly searched it. They allegedly damaged and ransacked the premises during the search and took him away. When his wife telephoned the Maldives Police Service on 24 January 2005 they did not state the reason for arrest but acknowledged that he was being detained at Dhoonidhoo Detention Center. Instead they advised her to write to the police inquiring about the same. Earlier he was arrested on 18 July 2002 and was kept in solitary confinement for 6 months and 18 days in Dhoonidhoo Detention Centre for allegedly distributing subversive material. He was again arrested on 13 August 2004 following the pro-democracy demonstrations in Male. He was freed on 1 January 2005.18

Torture and custodial death Torture by police, prison guards and the National Security Service (NSS) is common in the Maldives. Those who were arrested after the protest on 12-13 August 2004, including some members of the Special Majlis, were kept in solitary confinement in cells measuring no more than six feet by eight feet. The prisoners and detainees were subjected to severe beating around the head, waist, and genitals, handcuffing for several days, and blindfolding for long periods. The prison conditions were appalling with poor hygiene and cramped cells.19 Asian Centre for Human Rights Report 2005

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There have also been reports of custodial death. Muaviath Mahmood was arrested on 4 March 2005 on alleged charges of drug offences and was taken to Dhoonidhoo for investigation. He died on 9 March 2005 while he was under the care of the Maldives Police.20 Father of the deceased reported that the police informed him that his son was brought to Male from Dhoonidhoo to the hospital around 7am on 9 March 2005. But when he saw the body of his son it seemed that his son had not died in the morning of that day as claimed by the police but had died sometime earlier. Mother of Mahmood reported that the police informed her at 8.30 on 9 March 2005 that her son had died in hospital. The police took the parents of the deceased to the hospital and had shown the body of the deceased. According to the parents, Mahmood’s neck and eyes were swollen and there was indication that blood had oozed out of his nose. An uncle of Mahmood who took part in giving a ritual bath to the corpse and stated that Mahmood’s back had imprints of “square grids” very similar to those underneath heavy boots.21 According to Police statement dated 9 March 2005, “when Dhoonidhoo Detention Centre received news at a time in the morning today (9 March 2005) that Muaaviath was starting to have sudden breathing difficulties and complications he was immediately brought to Male’ in a speed boat with medical attention.” However, the Death Certificate says, “It has been informed that the deceased was not breathing and found lying in his cell at around 07.40 am on 9 March 2005 at Dhoonidhoo Detention Unit.”22 The father of Mahmood was being harassed for lodging a complaint with the Maldives Human Rights Commission. He was summoned by the police on 24 and 25 March 2005. At about 10 pm on 7 March 2005, Ibrahim Mohamed was arrested for the alleged possession of drugs while he was at work at the Maldives Ports Authority (MPA). On 12 March 2005, he was brought to Male after having sustained serious injuries at the hands of Police interrogators and was hospitalized at the Indira Gandhi Memorial Hospital through a friend at approximately 1000hrs. Ibrahim Mohammed alleged that policemen running from a distance gave flying kicks at his chest and stomach, hit his head with chairs, banged his head against walls, pulled his hair and hitting him on the chest with elbows, among other things. He reportedly had several visible bruises, swelling and wounds, including cuff marks, bruises on his neck as a result of strangling and bruises on his back, arms, chest, stomach and knees. He was initially brought to the hospital because he was bleeding excessively from his genitals and anus. Wife of Mohamed also stated that the detainee was unable to eat and vomitted after consuming any food.23 On 20 March 2005, a motion was moved at the Majlis for investigation into the

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following cases: (a)

(b) (c)

(d)

(e)

“Conducting investigation on the death in custody of Suda of Lonumidilige of Maafannu District of Male who was serving a sentence in jail. However the results of the investigation were not made public in a satisfactory fashion. Conducting investigation on the death in custody of Ali Shahir of Dullisaa of Machangoli District of Male Conducting investigation on the murder in jail of Evan Naseem of Asia of Maafannu District of Male on 19 September 2003. Investigations were also conducted on the incident of shooting and murder of jail inmates on 20 September 2003. Recently a detainee, Muaviath Mahmood of Raivina of Maafannu District, has died inexplicably while being held for investigations. Appropriate measures have not been taken as yet to investigate the matter. Mohamed Ibrahim, Yamyam-ge of Maafannu District of Male, having been abused to a life-threatening condition whilst detained for investigations, is presently undergoing medical treatment”.24

5. Ban on NGOs “The Reporting Network for the Relatives of the Persons in Judicial Care” was established in September 2004 to provide legal advice and realization of the rights guaranteed under the constitution of the Maldives. It submitted its application to the Home Ministry. Until now, the Maldivian authorities refused to register the organisation. Earlier, the application for registration of an NGO headed by Aminath Najeeb, a well-known human rights activist, was rejected. She was arrested during prodemocracy movement on 12-13 August 2004 and was detained for 74 days. This is despite the fact that Article 27 of the Constitution of the Maldives provides that “Persons shall be free to form societies and associations, unless prohibited by law in the interest of the protection of sovereignty of the Maldives and the maintenance of public order”. Article 1 of the UN Declaration on Human Rights Defenders also provides that “Everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels.”

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Human rights defenders continue to face harassment and intimidation. At about 9.30 pm on 19 March 2005, Ahmed Nazim Sattar, chief organizer of the “Reporting Network for the Relatives of the Persons in Judicial Care” was summoned to the Police Station. The summon did not explain as to why Sattar was being summoned but only stated “regarding a matter”. Lance Corporal Mohamed Riyaz, Chief Investigator Ali Ahmed and Shateeh, Legal Assistant enquired whether Sattar had been to Burahimaa-ge of Maafannu District and spoken to Mrs Sakeena, mother of Ahmed Zuhoor who was arrested on 5 March 2005 and ill-treated. Sattar was accused of advising Mrs Sakeena to lodge a complaint at the Human Rights Commission of the Maldives on allegations that her son had been maltreated in detention by Police. He was released at around 11.30pm on the same night. Like all things in the Maldives, the only people who can form organizations are relatives of President Gayoom. The biggest NGO in the Maldives, Society for Health Education is headed by First Lady, Nasreena Abdul Gayoom.

6. Denial of the freedom of expression The constitution of the Maldives provides for freedom of speech and of the press but the Penal Code prohibits inciting citizens against the government. The law prohibits public statements that are contrary to government policy and Islam, threaten the public order, or are libelous.25 The government controls the media - television, radio and all daily newspapers in the country. The state owns the TV and Radio stations whilst all three major papers - Aafathis, Haveeru and Miadhu - are owned by cabinet ministers and the brother-in-law of the President. The government continues to jam the independent Radio Station - Minivan Radio - which runs a shortwave service of one hour a day. Anything contrary to the government line does not appear on any media in Maldives and all dissident websites are blocked by the government controlled Dhiraagu server. It is therefore a criminal offence, apparently, to try and reach out to the people with the aim of informing them the truth about the activities of President Gayoom’s regime. The United Nations Human Rights Committee in its General Comment No 10 on the freedom of expression stated that “protection of the right to freedom of expression, which includes not only freedom to “impart information and ideas of all kinds”, but also freedom to “seek” and “receive” them “regardless of 12

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frontiers” and in whatever medium, “either orally, in writing or in print, in the form of art, or through any other media of his choice”. Not all States parties have provided information concerning all aspects of the freedom of expression. For instance, little attention has so far been given to the fact that, because of the development of modern mass media, effective measures are necessary to prevent such control of the media as would interfere with the right of everyone to freedom of expression in a way that is not provided for in paragraph 3”. Fathimath Nisreen is presently serving a conviction for assisting in the publication of a dissident internet magazine, Sandhaanu in 2001. She was convicted with two other persons, Mohamed Zaki and Ahmed Ibrahim Didi. When they were convicted in 2001 they were not allowed access to lawyers even though this right is provided under 1998 Constitution of Maldives. She was abused in custody and sexually assaulted during her incarceration. She was in Male on 12-13 August 2004 for treatment and addressed the demonstration. Following the police crackdown on the pro-democracy rally on 13th August 2004, Fathimath was handcuffed, blindfolded and further sexually assaulted by police. She was allegedly cuffed both on her hands and legs and blindfolded while being transferred to jail. She has been banished to the remote island of Feeali in Faafu atoll. Fathimath reports that her sentence has been reduced and she now has 2 years of banishment left to serve.26 Luthfee, Zaki, and Didi were sentenced to life imprisonment for spreading false news and calling for the overthrow of the government, among other charges. In May 2003, Luthfee escaped from NSS custody while receiving medical care in Sri Lanka27 and is resettled in Switzerland as a political refugee. Earlier, Naushad Waheed, an artist, was sentenced to 15 years in jail for informing Amnesty International about the abuses by the Maldivian government.28

7. Gayoom’s tailor-made reforms On 14 February 2005, President Gayoom unveiled his proposals for constitutional reforms . While President Gayoom has undertaken a few reform measures, the constitution remains at the core. In a country virtually controlled by Gayoom’s family rule, the President’s proposals fail to evoke any enthusiasm.29 In 1980, Gayoom had proposed similar reforms. The current constitution, which took 17 years to finalise, only came into force on 1 January 1998 and gives him unfettered powers. Yet now, only seven years later, the President feels the need to amend it.30 Gayoom’s present proposals, despite the trappings of reform, clearly envisages retaining similar omnipotent powers. Asian Centre for Human Rights Report 2005

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7.1 The shortcomings of the Peoples’ Special Majlis The Peoples Special Majlis mandated to draft the constitution of the Maldives consists of over 100 members depending on the size of the Cabinet who are also members of the Peoples Special Majlis. Out of these members, 16 are appointed by the President himself, while a further 10 unelected Members (Cabinet Ministers) sit as members of Peoples Special Majlis. As political parties are not allowed to contest the elections, President Gayoom has full control over the entire process of drafting a new constitution by the Peoples Special Majlis. The election for the Majlis held on 22 January 2005 was not free and fair. There were reports of ‘irregularities’ such as government intimidation of voters in remote areas of the islands, buying votes and threats to withhold reconstruction aid for tsunami affected areas. A large number of the political opponents were imprisoned preventing them from being registered as candidates and many were intimidated to withdrawing their candidacy.31 Some of the candidates who stood for the elections including Shuaib Ali for the Haa Dhaal atoll were detained prior to campaigning in Dhoonidhoo Detention Centre, meted out inhuman and degrading treatment and were not allowed to campaign.32 The stage for Gayoom’s triumph was set. The government of the Maldives invited observers from the South Asian Association for Regional Cooperation (SAARC) and the Commonwealth. Yet, the Human Rights Commission of the Maldives stated that the elections were not in general free, fair or without undue influence. The Human Rights Commission of the Maldives, which sent 19 monitors, observed the following irregularities: 1.

“Some Island Offices or Atoll Offices did apply pressure on the electorate to elect particular candidates. In some islands citizens were gathered and this (message) was conveyed to the public on behalf of the government.

2.

Some candidates have used government vessels and other government facilities in their campaigning.

3.

While some candidates have given public speeches after gathering the public, others have been deprived of that.

4.

People working in different jobs were threatened with removal from their jobs if they did not vote for, or campaign for, a particular candidate or if they campaigned for a particular candidate.

5.

Some candidates campaigned at times when campaigning was prohibited and this was not stopped.

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6.

Some who campaigned for candidates acted as officials near voting booths.

7.

Banners not approved by the Elections Commission were put up and campaign leaflets (also not approved) were distributed in some islands.

8.

Some candidates entered the voting area.

9.

Educational authorities were involved in the election and in the process of campaigning to an unacceptable level with parents being influenced through students and school resources and staff used in a manner indicative of official approval. Pressure was applied in a similar manner by health authorities and by electricity authorities. Some voting booths were closed while people were waiting to vote.

10. 11.

While allegations were going on about candidates and some of their supporters having distributed cash and material, no steps were taken on the matter and investigations were not conducted.

12.

There are allegations, in connection with the elections, that promises were made by some quarters to do different things. Such things included dredging the lagoon and making a harbour, and allegations were made that promises to provide computer labs, laboratories and classrooms, generators and teachers, and these were not investigated.”33

7.2 Fundamental rights or fundamental problems? The reform proposals of President Gayoom appear to be manipulative tricks to have tailor-made constitutional reforms to suit his purpose of further strengthening the powers of the President while attempting to appease an increasingly critical international community. The proposals remain silent on allowing registration of political parties. Given the fact that President Gayoom has majority in the Majlis, through rigged elections, appointment of his nominees and members of the Cabinet as members of Special Majlis, his proposals can easily be adopted by the Majlis without taking into consideration the views of the opposition members. Most importantly, majority of the Special Majlis are either government servants or businessmen over whom President Gayoom can exert pressure though well-established system of patronage. While the government servants could be harassed or fired, businessmen could either be given inducements and patronage or harassed for not supporting Asian Centre for Human Rights Report 2005

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his proposals. President Gayoom offers little fundamental rights apart from equality on the basis of sex and race, freedom from subjugation to slavery and compensation for loss of injury suffered due to unlawful acts. The issue has never been non-recognition of fundamental rights in the constitution of the Maldives but non-implementation of rights and lack of mechanisms to enforce these rights in a country where President is the Supreme judge. In a 100% Muslim country, he is almost spiritual and temporal head of the State. Rather, President Gayoom proposes to further restrict the right to freedom of expression. Article 25 of the present constitution provides that “Every citizen shall have the freedom to express his conscience and thoughts orally or in writing or by other means, unless prohibited by law in the interest of protecting the sovereignty of the Maldives, of maintaining public order and of protecting the basic tenets of Islam”. In his proposal 1.6, President Gayoom proposes, “While providing guarantees of freedom of expression, the Constitution should also stipulate that the following does not constitute as freedom of expression. a. b. c.

Inciting or promoting war; Calling for or supporting murder, violence, vandalism, and other similar militant acts; Inciting or promoting hatred and enmity among the people on the basis of gender, race, residency or on other basis.”

The United Nations Human Rights Committee in its General Comment No 10 on Article 19 of the International Covenant on Civil and Political Rights stated that “when a State party imposes certain restrictions on the exercise of freedom of expression, these may not put in jeopardy the right itself. Paragraph 3 lays down conditions and it is only subject to these conditions that restrictions may be imposed: the restrictions must be “provided by law”; they may only be imposed for one of the purposes set out in subparagraphs (a) and (b) of paragraph 3; and they must be justified as being “necessary” for that State party for one of those purposes.” Given the lack of definition as to what constitutes “vandalism, and other similar militant acts”, it can be misused to silence any form of dissent. 7.3 Under the thumb rule of the President President Gayoom proposes to create the posts of Vice Presidents and Prime 16

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Minister. However, the proposals do not provide a procedure as to how the Vice President or the Prime Minister would be appointed or elected. The proposal does not require nominating or appointing a member of the Majlis, as Prime Minister. There is no requirement to consult the members of the Majlis on the appointment of the Prime Minister. The proposals of President Gayoom are mere hogwash. In the name of strengthening the role of the People’s Majlis”, the President empowers himself to “appoint and dismiss the Prime Minister, the Chief Justice, Judges of the Supreme Court, the members of the Human Rights Commission, the AuditorGeneral, and the Commissioner of Elections on the advice of the Majlis. Further, also to provide that the President will appoint and dismiss the members of the Supreme Judicial Council on the advice of the Majlis”. 7.4 Senate: What is that? The President makes one line proposal: “To make the legislature bicameral, consisting of a People’s Majlis and a Senate, and for the Constitution to stipulate the number and the basis of the composition of the Senate”. It contains no other proposal as to the role or mandate of the Senate or as to how the members of the Senate be nominated. It does not explain how a Senate could be useful in the socio-political context of the country with a population of 300,000 people. 7.5 Supremacy of the President President Gayoom proposes “for the establishment of a Supreme Judicial Council in the Maldives” and “one-half of the membership of the Council shall comprise members appointed by the President on the advice of the People’s Majlis and that the other half shall be elected by judges of the courts from their benches”. The proposal does not specify the number of judges. With regard to the Human Rights Commission, the Atoll Chief, the Commissioner of Elections and the Auditor-General, the only proposals made by President Gayoom are that they “shall be appointed and dismissed by the President on the advice of the People’s Majlis.” President Gayoom’s proposals remain silent on the present constitution, 60% of which is concerned with the powers and immunities of the President, while 40% deals with the responsibilities of the state and the rights of the Maldivian people.34 The problems with the present constitution pertain to sweeping powers granted to the President Gayoom, enabling him to control both the parliament and the Asian Centre for Human Rights Report 2005

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judiciary. It also makes the President as the Commander in Chief of the armed forces, and the Governor of the Maldivian Monetary Authority and Chief of the judiciary with the power to appoint and remove judges and to overturn any of the High Court’s rulings and to grant pardons and amnesties and the power to hire and fire everybody. The only significant concession made by President Gayoom in his proposals is to “divest the presidency of its role as the head of the judiciary”.

8. Recommendations: President Gayoom’s proposals of 14 February 2005 cannot address the lack of democracy which arises due to the denial of multi-party democracy including the denial of registration of political parties, not to mention about the civil society groups, and concentration of all the powers of the State at the hands of the President. Yet, the proposals are likely to be passed given the complete control President Gayoom has on the Peoples Special Majlis through rigged elections, nomination of one sixth of the members of the Special Majlis and the inclusion of all the Ministers in the Special Majlis. International community must exert pressure on President Gayoom to bring an end to repression on the democratic activists and start genuine constitutional reforms to allow multi-party democracy. Asian Centre for Human Rights makes the following recommendations. To the Government of the Maldives to: Withdraw the proposals made by President Maumoon Abdul Gayoom for amendment of the constitution of the Maldives and allow the Special Peoples Majlis to fulfill its mandate to draft a new constitution; Allow the registration of political party, in particular, the Maldivian Democratic Party which had submitted its application in 2001, to provide for multi-party democracy; Ensure that provisions of international human rights treaties including the due process of law be incorporated while drafting new Constitution; Ensure that notices pertaining to the withdrawal of all charges against those who participated in the demonstrations on 12-13 August 2004 are given to the individuals concerned and the notices be published in newspapers; Allow registration of all NGOs, in particular consider the registration of the “Reporting Network for the Relatives of the Persons in Judicial Care” whose application is presently pending and the NGOs proposed by 18

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-

-

-

recognized human rights defenders; Release all the political detainees including Ahmed Falah, Mohamed Fauzi, Fathimath Nisreen, Mohamed Zaki, Ahmed Ibrahim Didi and Naushad Waheed and those who are being held under house arrest such as Ahmed Falah and Mohammed Fauzi; Ensure independence of judges and lawyers in the administration of justice consistent with international human rights treaties; Government should make injury during custody as a criminal offence to bring those found responsible to justice, in addition to adequate compensation to all victims of torture or cruel, inhuman or degrading treatment or punishment and Sign a Memorandum of Understanding with the Office of the United Nations High Commissioner for Human Rights to provide technical cooperation assistance for the drafting of the new constitution.

To the International Community: Continue to monitor the human rights situation in the Maldives until the establishment of multi-party democracy; Impress upon the government of India to promote democracy and not to provide legitimacy to the repressive policies of President Gayoom; Encourage the Office of the United Nations High Commissioner for Human Rights to provide technical cooperation assistance for the drafting of the new constitution and Withhold development aid until full democratic reforms in the form of multi-party democracy are realized in the Maldives.

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Annexure I Proposals of President Gayoom for constitutional reform Agenda for Democracy, Human Rights and Reform 7 March 2005 (c) Strategic Communications Unit, The President’s Office On 9 June 2004, President Gayoom announced historic plans to make sweeping changes to the Constitution to usher in a 21st century democracy in the Maldives. The People’s Special Majlis, empowered to amend the Constitution, was convened in July 2004, and is now finalising its rules of procedure. On 14 February 2005, the President presented his 31point Proposals for Constitutional Amendment to the Speaker of the People’s Special Majlis. He said that he would like the Special Majlis to complete its work in about a year. On 27 February 2005, President Gayoom announced the finalisation of the Criminal Justice Action Plan 2004 - 2008. The Plan will overhaul the entire criminal justice system to bring it in line with international standards. 1. The President’s Proposals Fundamental Rights of Citizens 1. The following are to be added to the chapter on the fundamental rights of Citizens. 1.1. 1.2.

To stipulate that all citizens are equal before and under the law and are entitled to equal rights without regard to their sex or race. Every citizen has the right to seek just compensation for loss or injury suffered due to unlawful acts, regardless of who may have committed them.

1.3.

Everyone has the right to be free from subjugation to slavery and from involuntary servitude without recompense.

1.4.

Every citizen shall have the freedom to seek, acquire and disseminate knowledge and information as provided for by the law.

1.5.

Amend Article 16 (2) of the Constitution where it states “The right to

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defend himself in accordance with Shari’ah” to “The right to defend oneself in accordance with the laws of the country”. 1.6.

While providing guarantees of freedom of expression, the Constitution should also stipulate that the following does not constitute as freedom of expression. a. b. c.

Inciting or promoting war Calling for or supporting murder, violence, vandalism, and other similar militant acts Inciting or promoting hatred and enmity among the people on the basis of gender, race, residency or on other basis.

The Presidency 3. To change the way the President is elected so that all candidates for the presidency will face direct election by the public rather than being subject to winning the nomination by a vote in the parliament. 4. 5.

To remove the gender bar in contesting for the presidency. To limit the number of terms anyone can hold the office of president to two terms of five years.

6.

To divest the presidency of its role as the head of the judiciary.

Vice Presidents 7. To confer upon the President the right to appoint a Vice President or Vice Presidents to discharge the duties and responsibilities assigned by the President. The President and the Prime Minister 8. To create the office of Prime Minister and to enumerate the functions of the President (Head of State) and Prime Minister (Head of Government) separately. 9.

To include the following among the powers and functions of the President: a. b.

22

To defend Islam, the Constitution, and national independence and sovereignty To appoint and dismiss, on the advice of the People’s Majlis, the Prime Minister, the Chief Justice, the Commissioner of Elections and the Auditor-General, and to appoint and dismiss on the advice of the Prime Minister, Ministers, the Attorney-General, Envoys of Asian Centre for Human Rights Report 2005

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c. d. e. f. g. h. 10.

the State sent abroad with special privileges, and Atoll Chiefs. To appoint and dissolve the Council of Ministers To make a statement outlining government policy at the annual opening of the parliament To give assent to bills passed by the People’s Majlis, the Senate and the People’s Special Majlis To conduct public referendums on matters where the President requires to consult public opinion To grant pardon to persons convicted of offenses To declare war and to declare peace

To include the following among the powers and functions of the Prime Minister: a. b. c. d. e. f.

To preside over the Council of Ministers To advise the President as required by the Constitution To plan, organize and carry out public services and national development programmes To promulgate regulations, decrees, directives and decisions as are required for the proper conduct of the affairs of government To make an annual report on the work of the government to the parliament To submit a statement of income and expenditure annually to the parliament and to secure approval of the budget by the parliament

The People’s Majlis 11. To abolish the category of appointed members in the People’s Majlis 12.

To increase the number of constituencies on the basis of population strength and make all constituencies single-member constituencies

13.

To re-organise the Male’ constituency for a more proportionate representation for Male’

14.

To increase the number of female MPs in the People’s Majlis

15.

To provide that the Speaker of the People’s Majlis and Deputy Speaker of the Majlis shall be elected by the Majlis from amongst its members

16.

To strengthen the role of the People’s Majlis. In this regard, to provide that the President will appoint and dismiss the Prime Minister, the Chief Justice, Judges of the Supreme Court, the members of the Human Rights Commission, the Auditor-General, and the Commissioner of Elections

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on the advice of the Majlis. Further, also to provide that the President will appoint and dismiss the members of the Supreme Judicial Council on the advice of the Majlis. 17.

To add to article 89 an authorization for the President to extend the life of parliament, for a specified period, in situations of natural disasters which impede the conduct of parliamentary elections within the stipulated timeframe for holding such elections

The Senate 18.

To make the legislature bicameral, consisting of a People’s Majlis and a Senate, and for the Constitution to stipulate the number and the basis of the composition of the Senate.

The People’s Special Majlis 19.

To stipulate that the People’s Special Majlis shall comprise a joint sitting of the Senate and the People’s Majlis and would be empowered to formulate and amend the Constitution

20.

To provide that amendments to the Constitution shall enter into force when amendments are passed by People’s Special Majlis, and are ratified by the President after such amendments are approved in a public referendum.

The Judiciary 21. To stipulate the power of administering justice is vested in the Chief Justice and the courts 22. To provide for the establishment of a Supreme Judicial Council in the Maldives, and further that one-half of the membership of the Council shall comprise members appointed by the President on the advice of the People’s Majlis and that the other half shall be elected by judges of the courts from their benches. 23.

To provide for the establishment of a Supreme Court presided by the Chief Justice

24.

To stipulate that the High Court shall consist of a Senior Judge and bench of specified number of judges and that the Senior Judge and the members of the bench shall be appointed and dismissed by the Chief Justice on the advice of the Supreme Judicial Council

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25.

To provide that the Chief Justice, acting on the advice of the Supreme Judicial Council will have the authority to determine the number of courts to be established and the places they are to be established, and further that the judges to such courts will be appointed and dismissed by the Chief Justice on the advice of the Supreme Judicial Council

26.

To stipulate that judges shall determine cases before them in accordance with Islamic Shari’ah and the laws of the Maldives and that no power or influence may be exercised over the work of the judges

The Human Rights Commission 27. To stipulate that there shall be a Human Rights Commission and to stipulate in the Constitution the powers of the Commission and the manner in which the members of the Commission are to be appointed The Atoll Chief 28. To provide that in every atoll there shall be an Atoll Chief appointed and discharged by the President on the advice of Prime Minister, and further that he shall administer the Atoll as directed by the Prime Minister The Commissioner of Elections 29. To provide that the Commissioner of Elections shall be appointed and dismissed by the President on the advice of the People’s Majlis The Auditor-General 30. To provide that the Auditor-General shall be appointed and dismissed by the President on the advice of the People’s Majlis Leasing or otherwise giving possession of Maldivian territory to a foreign person or party 31. To amend the existing Article 77 (2), in order to extend beyond 25 years the period for which parts of the territory of the Maldives may be leased or given possession of to a foreign person or party

2. The Wider Reform Programme: A Human Rights Focus The proposals for constitutional amendment comprise a wider set of reforms that the President has accelerated in his current term of office. In the main, these focus on strengthening fundamental rights, increasing transparency and accountability, and improving the criminal justice system and the penal system. Even during the Emergency of August-October 2004, the pursuit of the reform programme was maintained.

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2.1)

Measures Recently Implemented: a) b) c) d) e) f) g) h) i) j) k) l)

2.2)

A new Family Act vastly strengthening women’s rights. A Human Rights Commission was established on 10 December 2003. Codification of arrestable and non-arrestable offences in February 2004. UN Convention Against Torture acceded in April 2004. A Public Complaints Bureau established in June 2004. Police separated from the security services and made a civilian force in September 2004. Provision for legal representation strengthened in April 2004. A Jail Oversight Committee of Judges and MPs formed in April 2004. Jail system re-organised, with the separation of remand centres from the prison. Agreement signed with the International Committee of the Red Cross in October 2004 to give the ICRC access to prisons. Amnesty International given free and unfettered access to prisons in October 2004. US National Democratic Institute (NDI) carried out a study in developing a legal framework for a multiparty democracy, in October 2004.

Measures Underway: a) b) c) d) e) f) g) h) i)

Redrafting of the Penal Code. Drafting of a Freedom of Information Act, strengthening media freedom. Formulation of a Political Parties Bill. Formulation of a five year Criminal Justice Action Plan. Formulation of a Police Act. Drafting of the Criminal Procedures Act. Drafting of the Parole Act. Drafting of the Prisons Act. Electoral reform being undertaken with the assistance of the Commonwealth Secretariat, leading to a new Electoral Bill.

3. A Quarter Century of Evolutionary Political Reform The Maldives is starting from a very basic level of governance structures that had evolved over centuries of tradition unaffected by its limited colonial experience. The first Constitution was introduced in 1932.

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Over the past twenty-five years, President Gayoom has promoted political modernisation in an evolutionary manner, through reform, innovation and development. These have evolved alongside and drawn synergies from the strident social and economic development of the past quarter century. The major milestones include: 3.1)

Parliament and Governance: a) b) c) d) e) f) g) h) i)

j)

3.2)

Introduction of parliamentary immunity. Introduction of the practice of presentation of annual statement of government policy to the parliament. Introduction of the practice of setting up parliamentary commissions and standing committees. Introduction of the practice of reporting to parliament on major issues of national interest. Introduction of independent foreign observation of elections to the parliament and the presidency. Development of Cabinet government. Creation of oversight bodies such as the Anti-Corruption Board. Election of Island Development Committees on every island to promote participatory local governance. Establishment of advisory committees and councils comprising eminent persons from public and private sector to advise on policy formulation and decision-making. Development of media and communications, including programmes to train journalists

Re-organization of the Courts

Numerous initiatives have been undertaken to re-organize courts to modernize the judicial system, increase efficiency, strengthen independence of judges, and increase appellate safeguards. They include: a) b) c) d) e)

Establishment of the High Court. Establishment of a Court for Juveniles. Establishment of an appellate panel of eminent judges and lawyers to review appeals. Establishment of a Faculty of Shariah and Law. Introduction of Training Programmes for Judges and Lawyers, including training programmes taught by the President himself.

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3.3)

Promotion of Human Rights (a) The jail system was re-organised and the facilities provided were improved. (b) The Maldives acceded to international human rights instruments, notably those promoting the rights of women and children. (c) The status of the populations in the outer atolls was given special priority, seeking to empower them through rapid development of the atolls.

3.4)

Revision of the Constitution 1980 - 1997

The Constitutional Assembly sat from 1980 to 1997, in order to formulate a new Constitution for the Maldives. The new Constitution came into force in 1998, and provides for; (a) (b)

28

multi-candidate elections for the presidency; the strengthening the fundamental rights of the citizens.

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Annexure II Response of the government of Maldives Haveeru Online, http://www.haveeru.com.mv/?page=engdetails&id=4651 Asian Centre for Human Rights’ call for withdrawal of Gayoom’s reform agenda “does not make any sense”: Shaheed 05 April 2005 MALE, April 5 (HNS) -- Responding to a call by the Asian Centre for Human Rights (ACHR) for the withdrawal of President Maumoon Abdul Gayoom’s comprehensive reform agenda, the Chief Government Spokesman, Ahmed Shaheed has said that the call for the withdrawal of the President's reform agenda “does not make any sense.” “The reform process is transparent, all-embracing and contains a clear commitment to a modern democracy, and it has also been warmly welcomed by all who seek reform. The 31-point reform proposals formally presented by the President to the People's Special Majlis (the Constitutional Assembly) on 14 February 2005 provide a historic opportunity to establish a multiparty democracy in the Maldives,” Shaheed was quoted as saying in a press release by the President’s Office. "The government's commitment to establishing a multiparty system in the Maldives is clear and evident. That is why we have engaged an expert from the Commonwealth to formulate a Political Parties Bill and an Electoral Reform Bill to be included in the legislative programme of the current parliament, as announced by the President at the annual inauguration of the People's Majlis (the parliament), in February of this year. The necessary amendments to the Constitution were presented by the President when he submitted his Green Paper of 31-point proposals for constitutional reform to the Constitutional Assembly on 14 February." The proposals provide for strengthening of fundamental rights, including the right to set up and operate political parties and the removal of the gender bar on contesting for the presidency, the separation of powers, the establishment of effective parliamentary governance, the independence of the judiciary and the protection and promotion of human rights, said the press release issued on Monday. "The reform programme initiated by the President in his current term of office

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includes constitutional changes, institutional reforms, legal reform, and the complete modernisation of the criminal justice system.” The constitutional changes can only be made by the Constitutional Assembly, and that has now held fifteen sessions. The President called on the Assembly in his Presidential Address of 27 February 2005, to conclude its work of providing a constitutional framework for a modern and vibrant multiparty democracy, as envisaged in his 31-point proposals, “in about one year's time”. Institutional reforms implemented over the past one year include the establishment of a national Human Rights Commission, making the police force a civilian authority, reorganizing and reforming the jail system, setting up of a jail oversight body of Judges and MPs, establishing a Public Complaints Bureau, signing a prisons access agreement with the ICRC and granting Amnesty International access to prisons. In the area of legal reform and reform of the criminal justice system, a five-year Criminal Justice Action Plan has been formulated with the support of donors. The plan covers, among other things, drafting a new Penal Code, a Criminal Procedures Bill, a Police Powers Bill, a Parole Bill and a Prisons Bill. Already, provision for legal representation has been strengthened to enable access to lawyers from the time of arrest onwards, fundamental rights have been strengthened by the codification of arrestable and non-arrestable offences, and the UN Convention Against Torture has been acceded to. In addition to this, numerous legal reform measures are underway and these include the drafting of a bill on political parties, a bill on electoral reform, and a bill on freedom of information and media. These reform measures are being undertaken in a very transparent manner, and with the involvement of donor countries and organisations that promote human rights. The government has engaged the assistance of the Commonwealth in the reform programme, and has established a dialogue with Amnesty International with regard to identifying areas of concern and ways to address them. The Government has also invited donors to contribute to the reform process. "It is evident that already a number of important reform initiatives have been implemented and that the process of reform is in full swing. The Government hopes that the Constitutional Assembly would complete its work, including setting up a multiparty framework as proposed by the President, in the shortest possible timeframe, which we hope will not exceed one year”, said Shaheed.

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“We are surprised that the Asian Centre for Human Rights issued a politicised and partisan report on the Maldives without seeking any information or response from the Government or a dialogue on the matters that they were commenting on”, he added. "The Maldives has a unique and historic chance to move from a traditional system to a modern democracy, and we will not allow self-interested opponents of reform with hidden agendas to deny the people the chance of ushering in a modern multiparty democracy," Shaheed went on to say. "The President has demonstrated great statesmanship and a bold vision by initiating widespread institutional, constitutional, legal and judicial reform, and a number of reforms have already been implemented and more are in progress. We will not be deterred in this pursuit by the antics of those who seek power over reform," Shaheed added.

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Annexure III Reply of ACHR to the government of Maldives Asian Centre for Human Rights C-3/441-C (Adjoining C-3 DESU Complaint Office), Janakpuri, New Delhi-110058, India Phone: +91-11-25620583, 25503624; Fax: +91-11-25620583 Website: www.achrweb.org; Email: [email protected]

13 April 2005 Dr Ahmed Shaheed Chief Spokesman Government of Maldives Ameer Ahmed Magu Male, Maldives Email: [email protected], [email protected], [email protected] Fax: +960 325500 Dear Dr Ahmed, Out attention has been drawn to the your comments as the Chief Spokesperson of the government of Maldives as reported in the Haveeru online (http://www.haveeru.com.mv/?page=engdetails&id= 4651) to our report titled Maldives: The Dark Side of Life of 30 March 2005 Asian Center for Human Rights welcomes the offer of dialogue. In the spirit of constructive dialogue, kindly allow us to provide our replies to your reported statement: 1. The call for withdrawal of the proposals Asian Centre for Human Rights (ACHR) has taken note of your statement that our call for the withdrawal of the President's reform "does not make any sense." The recommendation was made based on the constitutional reforms undertaken by all democratic countries in the world. It is a standard practice that when a country undertakes reform processes to draft a new constitution, the responsibility is given to the Constituent Assembly to draft a new constitution. Advisory services are also sought from countries having democratic practices as well as the UN bodies, especially the Office of the United Nations High 36

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Commissioner for Human Rights. ACHR called upon the government of Maldives for withdrawal of the proposals made by the President for the following reasons: First, since the Peoples' Special Majlis has been entrusted with the responsibility to draft a new constitution, it must be given the freedom to fulfil its responsibility. The President's 31-point reform proposals constitute interference into the mandate of the Peoples' Special Majlis. They are prescriptive and do not provide the opportunity to the Peoples' Special Majlis to address the shortcomings of the 1998 constitution. Second, there are inherent problems with the existing system for election of the candidates for the Majlis and Peoples' Special Majlis as cited in our report. The Human Rights Commission of Maldives stated that the elections held in January 2005 were not "in general free, fair or without undue influence". Repudiating the assertion of the HRC by the government of Maldives does not make the elections credible. Third, there is continued harassment and intimidation of the political activists which does not provide the atmosphere for participation in the process of drafting a constitution without any fear. ACHR welcomes the assistance sought by the government of Maldives from the Commonwealth to formulate a Political Parties Bill and an Electoral Reform Bill and from the United Nations Development Programme for reform of the criminal justice system. However, we equally regret that no such assistance has so far been sought with regard to the drafting of the constitution which will prevail over all other laws in any country. The reform processes undertaken by the President will suffer from crisis of credibility unless the independent candidates who have won the elections held in January 2005 are allowed to exercise the right to freedom of association and assembly by forming political party or parties, the proposals comply with basic human rights standards and the government of Maldives takes verifiable measures to end intimidation and harassment of the political activists. 2. Fundamental rights Asian Centre for Human Rights disagrees with your reported assertion that "The proposals provide for strengthening of fundamental rights".

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As you are aware, in his proposal 1.6, the President proposes, "While providing guarantees of freedom of expression, the Constitution should also stipulate that the following does not constitute as freedom of expression. a.

Inciting or promoting war;

b.

Calling for or supporting murder, violence, vandalism, and other similar militant acts;

c.

Inciting or promoting hatred and enmity among the people on the basis of gender, race, residency or on other basis."

While many elements of this proposal such as inciting war are defined as criminal offences, Asian Centre for Human Rights is perplexed with terms as such as "inciting or promoting vandalism, and other similar militant acts." Is vandalism a "militant act"? Which acts constitute "other similar militant acts"? Such loosely defined constitutional provisions will provide the opportunity to the authorities to silence any form of dissent. In our view, the present proposal further weakens the right to freedom of expression guaranteed under the Constitution of Maldives of 1998. The United Nations Human Rights Committee in its General Comment No 10 on Article 19 of the International Covenant on Civil and Political Rights stated that "when a State party imposes certain restrictions on the exercise of freedom of expression, these may not put in jeopardy the right itself. Paragraph 3 lays down conditions and it is only subject to these conditions that restrictions may be imposed: the restrictions must be "provided by law"; they may only be imposed for one of the purposes set out in subparagraphs (a) and (b) of paragraph 3; and they must be justified as being "necessary" for that State party for one of those purposes." 3. Human Rights Commission of Maldives: Asian Centre for Human Rights welcomes many institutional reforms undertaken by the government of Maldives. Yet, most of these measures are too little, too late and inadequate. Kindly allow us to draw your kind attention to the fact that Human Rights Commission of Maldives has not been granted membership to the Asia-Pacific Forum of National Human Rights Institutions because of its failure to comply with Paris Principles of National Human Rights Institutions.

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What is most disconcerting is the fact at about 9.30 pm on 19 March 2005, Ahmed Nazim Sattar, chief organizer of the "Reporting Network for the Relatives of the Persons in Judicial Care" was summoned to the Police Station for unspecified charges referred to as "regarding a matter". He was accused of advising Mrs Sakeena, mother of Ahmed Zuhoor who was arrested on 5 March 2005 and ill-treated in custody, to approach Human Rights Commission of Maldives. Asian Centre for Human Rights hopes that advising to approach a body such as the Human Rights Commission set up by the government is not a crime in Maldives. Therefore, such illegal summons by the police can only be addressed by giving fundamental rights to the citizens and incorporating measures for accountability against misuse of power by law enforcement personnel. It is essential that the government of Maldives seek assistance of the Office of the High Commissioner for Human Rights and Secretariat of the Asia-Pacific Forum of National Human Rights Institutions to seek necessary assistance for ensuring that Human Rights Commission of Maldives should comply with the Paris Principles on National Human Rights Institutions. As a part of the constructive dialogue, Asian Centre for Human Rights would like to submit the following recommendations for consideration by the government of Maldives: -

Allow the registration of political party, in particular, Maldivian Democratic Party which had submitted its application in 2001 and specifically provide for multi-party democracy;

-

Ensure that notice pertaining to the withdrawal of all charges against those who participated in the demonstrations on 12-13 August 2004 are given to the individual concerned and be published in newspapers;

-

Allow registration of all NGOs, in particular consider the registration of the "Reporting Network for the Relatives of the Persons in Judicial Care" whose application is presently pending and the NGOs proposed by recognized human rights defenders;

-

Release all the political detainees including Ahmed Falah, Mohamed Fauzi, Fathimath Nisreen, Mohamed Zaki, Ahmed Ibrahim Didi and Naushad Waheed; and

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-

Consider signing of a Memorandum of Understanding with the Office of the United Nations High Commissioner for Human Rights to provide technical cooperation assistance for the drafting of the new constitution as well as strengthening the Human Rights Commission of Maldives.

Looking forward to hearing from you pertaining to the above recommendations. With kind regards, Yours sincerely

Suhas Chakma Director Copy to: 1. H.E. Louise Arbour UN High Commissioner for Human Rights Office of the High Commissioner for Human Rights Palais Wilson, Geneva Switzerland

2. Ms Mehr Khan Williams Assistant Secretary-General Deputy High Commissioner for Human Rights Office of the High Commissioner for Human Rights Room 2-092, Palais Wilson, Geneva E-Mail: [email protected] 3. Mr Kieren Fitzpatrick Director Secretariat of the Asia Pacific Forum of NHRIs Level 8 Piccadilly Tower, 133 Castlereagh Street, NSW 2000, Sydney GPO Box 5218 Sydney NSW 2001 Australia Email: [email protected]

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Endnotes 1.

http://www.maldiviandetainees.net/individuals/143Ihsan.htm

2.

http://www.maldiviandetainees.net/individuals/2falah.htm

3.

http://www.haveeru.com.mv/?page=details&cat=urwbw K&id=23840

4.

http://www.maldiviandetainees.net

5.

http://www.achrweb.org/Review/2004/34-04.htm

6.

Ibid

7.

Ibid

8.

Ibid

9.

Ibid

10.

Amnesty International, Maldives: Human rights violations in the context of political reforms, 24 February 2005 (AI Index: ASA 29/001/2005)

11.

http://www.hrdc.net/sahrdc/hrfeatures/HRF104.htm

12.

Agenda for Democracy, Human Rights and Reform, Strategic Communications Unit, The President’s Office, 7 March 2005.

13.

Statement of South Asia Human Rights Documentation Centre to the 61st session of the Commission on Human Rights, available at http://daccessdds.un.org/doc/ UNDOC/GEN/G05/ 113/88/PDF/G0511388.pdf?OpenElement

14.

http://www.minivannews.com/news/news.php?id=82

15.

http://www.state.gov/g/drl/rls/hrrpt/2004/41741.htm

16.

http://www.maldiviandetainees.net/individuals/143Ihsan.htm

17.

http://www.maldiviandetainees.net/individuals/2falah.htm

18.

http://www.maldiviandetainees.net/individuals/134Fauzi.htm

19.

Statement of South Asia Human Rights Documentation Centre to the 61st session of the Commission on Human Rights,

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available at http://daccessdds.un.org/doc/ UNDOC/GEN/G05/ 113/88/PDF/G0511388.pdf?OpenElement 20.

http://www.haveeru.com.mv/?page=details&cat=urwbw K&id=23840

21.

http://www.maldiviandetainees.net

22.

http://www.police.gov.mv/news/9-03-05.html)

23.

Emails communications to Asian Centre for Human Rights.

24.

Motion Presented by Male’ Member Ibrahim Ismail (signed) on 20 March 2005 and seconded by: Faadippolhu Member Ibrahim Mohamed Solih

25.

http://www.state.gov/g/drl/rls/hrrpt/2004/41741.htm

26.

http://www.maldiviandetainees.net/LastUpdate.htm

27.

http://www.state.gov/g/drl/rls/hrrpt/2004/41741.htm

28.

http://www.achrweb.org/Review/2004/34-04.htm

29.

http://www.hrdc.net/sahrdc/hrfeatures/HRF104.htm

30.

Ibid

31.

Statement of South Asia Human Rights Documentation Centre to the 61st session of the Commission on Human Rights, available at http://daccessdds.un.org/doc/ UNDOC/GEN/G05/ 113/88/PDF/G0511388.pdf?OpenElement

32.

http://www.minivannews.com/news/news.php?id=297

33.

http://www.minivannews.com/news/news.php?id=267

34.

http://www.achrweb.org/Review/2004/34-04.htm

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Asian Centre for Human Rights is dedicated to promotion and protection of human rights and fundamental freedoms in the Asian region by:


providing accurate and timely information and complaints to the National Human Rights Institutions, the United Nations bodies and mechanisms as appropriate;




conducting investigation, research, campaigning and lobbying on country situations or individual cases;




increasing the capacity of human rights defenders and civil society groups through relevant trainings on the use of national and international human rights procedures;




providing input into international standardsetting processes on human rights;




providing legal, political and practical advice according to the needs of human rights defenders and civil society groups; and




by securing the economic, social and cultural rights through rights-based approaches to development.

Asian Centre for Human Rights C-3/441-C, Janakpuri New Delhi-110058, India Phone/Fax: +91-11-25620583, 25503624 Email: [email protected] Website: www.achrweb.org