Trouble in paradise: The darker side of the Maldives
http://www.independent.co.uk/news/world/asia/trouble-in-par...
Trouble in paradise: The darker side of the Maldives Public lashings. Religious extremists seizing power. A gay blogger with his throat slashed. Few of the million annual visitors to the Maldives will recognise the hellish side of these heavenly islands Eric Randolph Thursday, 11 April 2013 Hilath Rasheed, the first openly gay and secular blogger in the Maldives, was about to walk through his front door one afternoon last year when he felt the box-cutter slice through his neck. It took a moment to notice the blood pouring down his shirt. As his attackers sauntered off, Hilath staggered to the main road, clutching the loose skin over his throat with one hand. He managed to hitch a lift to hospital from a horrified motorcyclist. When a doctor in the emergency room asked him to move his hand away, a policeman and nurse fainted. Following a miraculous recovery – doctors told him there was less than a 1 per cent chance of surviving such an attack – Hilath, 35, now lives in exile in Sri Lanka. He misses home, but a country where it is illegal to be non-Muslim and violent forms of religious fundamentalism are on the rise is no place for a homosexual secularist, he says. "Extremism is the biggest threat my country faces," he said at a coffee shop in Colombo. "I was the first person to talk openly about homosexuality and religious freedom. People said I was brave, but often I think I was stupid." Recent weeks have put a spotlight on Islamic fundamentalism in the Maldives after a 15-year-old girl who had been repeatedly raped by her stepfather was sentenced to 100 lashes for "fornication". A petition by the global advocacy group Avaaz has been signed by more than two million people demanding a tourist boycott until the flogging sentence is annulled. In a rare interview at his home this week, President Mohammed Waheed told The Independent that he strongly opposes the court ruling. "This case should not have come to the courts at all. We see this girl as a victim," he said, adding that he has set up a committee to "understand what went wrong". But that sits awkwardly with his recent decision to enter into a coalition with the religious Adhaalath party with elections to be held in September. In a recent statement, Adhaalath backed the flogging, saying: "The purpose of penalties like these in Islamic shariah is to maintain order in society and to save it from sinful acts. We must turn a deaf ear to the international organisations which are calling to abolish these penalties."
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Trouble in paradise: The darker side of the Maldives
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Few of the million visitors to the Maldives each year see this side of the country. Most are whisked off to uninhabited resort islands before even setting foot on the crowded, alcohol-free capital of Malé. But the flogging case was not an isolated incident – Islamic hardliners, many trained in Pakistan and Saudi Arabia, have become a shadowy but powerful presence here. They are blamed for a raid on the national museum last year in which a priceless collection of ancient Buddhist artefacts was destroyed. They are also thought to be behind the killing in October of a member of parliament who had spoken out against extremism. The police have made little progress in either case. Religious conservatives were also the driving force behind weeks-long protests that toppled the country's first Democratic President, Mohamed Nasheed, in February last year. Mr Nasheed's election in 2008 had ended 30 years of dictatorship, but his liberal, Western style was used by opponents to paint him as un-Islamic – even a secret Christian. Although Mr Nasheed resigned on live television, he later claimed it was done "with a gun to my head" and that he was the victim of a coup. The new President says the changeover was perfectly legal. But eyebrows were raised when he gave ministerial posts to the son and daughter of the former dictator Maumoon Gayoom, and chose three religious leaders from the Adhaalath party for his cabinet, even though the party holds no seats in parliament. Dr Waheed defended his choice this week, saying: "They want to ensure Islamic values are protected. We are all working with that in mind." Out on one of the Maldives' 200 inhabited islands, Mr Nasheed and members of his Maldivian Democratic Party (MDP) were back on the campaign trail last week, hoping they can regain through the ballot box what was lost to the mob. On most islands he receives a hero's welcome, still the man who endured torture and years behind bars to bring democracy to the country. But this day's campaigning brought him to the island of Huraa: as stunning as the rest, with its turquoise waters, palm trees and white sands, but a stronghold of conservative forces. Women greeted Mr Nasheed with a table of whisky bottles to imply his alleged love of alcohol. As he tried to address a small crowd in the town hall, they stood outside shrieking maniacally in an attempt to drown him out. Attempts to approach them for their views almost triggered a riot. "They are screaming because they are losing and they know it," Mr Nasheed said at his hotel later that evening. "The coup has actually been a blessing in disguise. It exposed the mullahs. When they took jobs in government, it became obvious that they were just using religion for political ends. Hardly anyone is joining their rallies now." It is not yet clear whether Mr Nasheed will be allowed to stand in September's elections. The current government and judiciary are doing their best to throw him in prison for his attempt to arrest a senior judge during the final days of his presidency. So far, his trial has been delayed by technicalities, but there are fears that more extreme measures are about to be deployed. "There is no question that they wanted me dead during the coup," Mr Nasheed said. "They have unfinished business with me." Such fears have put his supporters on edge. The islands have been gripped in recent weeks by news that a pair of alleged Armenian gangsters known as the Artur brothers have been photographed in the company of government ministers. Rumours quickly spread on social media that they were assassins sent to kill Mr Nasheed. The brothers – who use the names Artur Sargsyan and Artur Margaryan – made international headlines in 2006 after being kicked out of Kenya amid allegations they had built a drug-trafficking empire with links to the highest government offices. They were
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Trouble in paradise: The darker side of the Maldives
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deported only after pulling guns on customs officials in a Nairobi airport. The Maldives government says they were in town to set up an investment company, and has hastily cancelled their permits in the wake of the media attention, but the episode showed how tense the political situation has become. "Everyone is worried about [Mr Nasheed's] safety," said Eva Abdulla, an MDP politician. "Things look calm, but if he is jailed or killed, there will be huge amounts of violence on the streets." Despite their grievances, the MDP had its fair share of controversies during its time power. The party was accused of bribing opposition MPs, sidelining critics and failing clean up a deeply corrupt judiciary when it had the chance. Mr Nasheed's decision arrest the judge was condemned internationally and only fuelled the protests that led his downfall.
in to to to
"It's true that we made mistakes," Ms Abdulla said. "We underestimated how much power the old regime still had and they managed to build a lot of anger against Nasheed. But the coup has jolted people out of their apathy. People have realised that their new democratic rights are quite precarious." Mr Nasheed hopes that his focus on development will ultimately drown out the religious rhetoric. He is particularly fond of his decision to allow locals to open guest houses on inhabited islands, which were banned. That is starting to break the monopoly enjoyed by millionaire resort owners, and bring tourist dollars into the rural economy for the first time. He is also touting a financial-support scheme for single mothers – a particular hit because the Maldives happens to have the highest divorce rate in the world. "All the opposition can do is wave alcohol bottles at us," one of Mr Nasheed's campaign organisers said, walking away from the screaming women on Huraa. "We have actual policies, and eventually that will get through to people." Unwelcome guests: The 'Artur Brothers' The "Artur brothers" have caused quite a stir since they arrived in the Maldives last year. Having reportedly registered the company "Artur Brothers World Connections" on the islands in October, it was not long before local media began to pick up on news reports from Kenya dating back to 2006 which alleged that the pair – who go by the names of Artur Sargsyan and Artur Margaryan – were involved in a drug-trafficking ring with links to some of Kenya's highest officials. Their activities allegedly culminated in a dramatic exit from Kenya, in which they pulled guns on customs officials. Media investigations later said the pair had been so close to senior government officials that they were granted Kenyan citizenship, and even appointed deputy police commissioners. They have also been said to hold Armenian, Czech and French passports. This month, photos of the Arturs appeared online apparently in the company of the country's Defence Minister, Mohamed Nazim, and the Tourism Minister, Ahmed Adheeb. Their presence coincided with a comment issued by the islands' ousted leader, Mohamed Nasheed, in which he expressed fear for his life. According to reports, in 2011 the former Kenyan Prime Minister Raila Odinga accused the brothers of involvement in a failed assassination plot against leading opposition figures in 2005. The brothers are said to have told a press conference that they were merely businessmen, who had been approached by the opposition to fund a campaign for regime change in Kenya. In a statement on his website dated 4 April this year, the President of the Maldives, Mohammed Waheed, said he had been told that the brothers were in the country in January but that they "had not broken any laws". It said the brothers "were being monitored by the police" and "the administration later decided to ask them to leave once
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Trouble in paradise: The darker side of the Maldives
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their visa extension expired". This week, Mr Adheeb told Minivan News that he had "advised them to leave peacefully and they agreed", adding that the pair "have now left". Police have since recommended that an investment licence issued to the brothers by the islands should be revoked.
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http://www.salon.com/2012/03/30/the_maldives_ousted_president_on_climate_change_and_tyranny/ FRIDAY, MAR 30, 2012 7:40 PM UTC
The Maldives’ ousted president on climate change and tyranny Ousted in a February coup, Mohamed Nasheed talks global warming, Islamic radicals and "The Island President" BY ANDREW O'HEHIR
It would be too optimistic to claim that the 2009 Copenhagen Summit represented a breakthrough or turning point in the battle against climate change. But it was the first moment when the United States, China and India — the world’s biggest polluters — all agreed in principle to reduce carbon emissions, and as symbolic statements go, that one was pretty big. Copenhagen also catapulted a most unlikely head of state to pop-star status, at least within the Mohamed Nasheed in "The Island President"
worldwide environmental movement. Mohamed Nasheed, who was then the president of the Maldives — Asia’s smallest country, both in area and population — emerged as the developing world’s most charismatic and dynamic spokesman on the causes, and the costs, of global warming. A British-educated democratic activist who had been tortured in prison during the 30-year dictatorship of Maumoon Abdul Gayoom, Nasheed was the surprise winner of a 2008 election that followed a popular uprising against the regime. In addition to pursuing an ambitious agenda of liberalization and modernization within his entirely Islamic nation, Nasheed seized upon climate change as an international clarion call. And no wonder — the Maldives is an Indian Ocean archipelago of several hundred inhabited islands (and fewer than 350,000 people), with a median altitude of 1.5 meters above sea level. As Nasheed says in Jon Shenk’s extraordinarily compelling documentary film, “The Island President,” it is a nation without a single hill. Nasheed has traveled the world describing the Maldives as the Poland of global warming — meaning, of course, Poland in 1939. If his country cannot be saved from rising sea levels, he maintains, then there may be no saving Tokyo or Mumbai or New Orleans or New York. Shenk got extraordinary access to the inner workings of Nasheed’s administration, attending cabinet meetings in Malé, the Maldivian capital, and traveling with Nasheed to address the British Parliament and the United Nations. We watch Nasheed and his advisors hatching the plan to make the Maldives the world’s first carbon-
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neutral nation — not because it will make any practical difference, but because it will stand as a moral example that might shame the big emitters into doing something. (“At least we will die knowing we did the right thing,” he says.) Most fascinating of all, we observe the backroom deal that Nasheed helped broker in Copenhagen, where he served as a critical emissary between his Western allies (notably the British and Australian prime ministers) and the Chinese and Indian delegations, which viewed any climate deal as an unfair limitation on their right to self-development. “The Island President” had been playing at film festivals for more than a year, to widespread acclaim, when an unexpected political twist lent it a new urgency. In early February, Nasheed was forced to resign the presidency in what he says was a coup d’état staged by Gayoom and his supporters, including radical Islamists who opposed his reforms. As Nasheed wrote in a New York Times Op-Ed a day after his resignation, “Let the Maldives be a lesson for aspiring democrats everywhere: the dictator can be removed in a day, but it can take years to stamp out the lingering remnants of his dictatorship.” I recently met with Nasheed and filmmaker Jon Shenk, at a private club in downtown Manhattan to discuss “The Island President,” climate change policy and the situation in the Maldives. If the public genuinely supported him, I asked the former president, couldn’t he have resisted the coup. “Yes, I could have remained in power,” he said. “We could have murdered the coup. I could have asked people to go out and start shooting at the police, and finish it. But that would be a very shortsighted way of looking at things.” One can perhaps accuse Nasheed of being too idealistic, or overly optimistic — I’m afraid he undervalues the power of know-nothingism, arrogance and stupidity in American politics, for example. But you can’t say he isn’t taking the long view. (He says that if and when new elections are held in the Maldives, he will definitely run again.) Mr. President, early in the film there’s a scene where you observe that after you had taken power in 2008 you thought the fight was over, and then you realized it was only beginning. That’s even more prophetic now than it was then. Mohamed Nasheed: Yes, it is. You know, the dictatorship is back again. We were complacent to think that it would be easy to get rid of a dictatorship. Of course it was not easy to win that election and bring Gayoom down in the first place. But now he is back again, and the fight has to continue. It is very important that democracy be restored in the Maldives, and we hope that friendly governments understand the necessity and the need for it. As we see it now, I’m afraid the government there is going to all sorts of places. Certainly it’s not going democratically, and we need to bring it back. For people who might not have followed the confusing news reports out of your country, please update us on what’s been going on. There was a coup, and they overthrew the elected government. The previous dictator, Gayoom, is back, and all his children are back in ministerial posts. All his associates are back in government. Also, what is worse — not only Gayoom is back, but this coup was instigated through Islamic radicalism as well. There is a section of that in the Maldives, and I’m afraid we now have three Islamic radicals in the cabinet. We beat them in three elections, and they were not able to get any position in government. Now, through the coup, they are back, and Gayoom is back. So there is no respect for what the people have said. And how has the general public reacted to this? Everyone is out on the streets. There are huge demonstrations going on. People don’t seem to be getting tired. They’re not relenting, and they want to go on and on and on. We hope for a peaceful solution, of course, to what is happening now. We wouldn’t want the country to deteriorate into violence. If we can act quickly, if we can do it now, we will be avoiding a whole bunch of difficulties in the future.
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President Obama spent part of his childhood in the Indian Ocean region and has a long-standing personal and political interest in that part of the world. Has he or his administration reached out to you since the coup? I’m afraid that the United States government was very quick to recognize the status quo. This is very, very sad. I was shocked to see that. I hoped that they would understand, and realign their policies. Now I’m trying to speak to the people of the United States, because of that. We respect the United States and its people so much. We’ve been trying to liberalize the country. We’ve been trying to make it into a more moderate country, and it is sad that our policies were not seen and not backed by the United States. They’re still talking about how they need time; they’re still talking to Gayoom. There’s a game we used to play when we were little: Finders Keepers. It doesn’t matter how you find it, you know! But that’s not how one would support a democracy. I would hope that President Obama would understand what is happening in the Maldives, and I would hope he would lay his weight on the bureaucrats and bring a better political solution to what is happening in our country. I assume that the new government, the one headed by your former vice president, is not going to address the climate-change issue in the same way you did. They can’t. You must have a high moral authority to address climate change. Every time you start speaking, you know, you can’t be answering back to the skeletons in your own closet. So it’s not going to be possible for them to articulate in the same manner as a democratic government. I don’t see it happening. At numerous points in the film, you express personal misgivings about dealing with the compromises and the rhetoric of politics. It makes the film very dramatic, because you seem like such a plainspoken and pragmatic person in a realm of spin and empty words. How frustrating was it, actually being a head of state? Well, you know, soon you realize this is how governments work. We were elected to show our differences, not to go along with the status quo or to go along with tradition. We were elected to change things, so we did change things. We brought in legislation for a proper tax system. We brought in legislation for social protection programs, including medical care for all. We wanted to liberalize the country, in tune with its older Islamic traditions. We wanted to bring out the women, to empower them. These were all things that we were facing, major challenges. We wanted to reform the judiciary, the military, the police. We could not address all these things, and yes, at times it was frustrating. But we were, I think, delivering on our pledges and that was why Gayoom came back. He knew he could do nothing in elections, so he had to topple me. Jon, let’s bring you into the conversation. As an outsider who clearly spent a lot of time in the Maldives, did you see the writing on the wall, as far as what happened to Nasheed’s presidency? Jon Shenk: Anybody visiting the capital or talking to people in government could see from the get-go that the shadow of 30 years of dictatorship loomed heavily over the country. You’re talking about 30 years of autocratic rule, where contracts were given to favored relatives and friends, monopolies were allowed and all that. We would go to cafés in the capital and sit with our Maldivian counterparts to talk about the logistics of filmmaking, and their answers would be given to us in whispers. We’d ask, “Why are you whispering?” and they would say, “Well, you never know who’s in the room. Gayoom’s people could be in the room.” That’s the kind of fear they had. I’d say, “But they’re not in power anymore,” and the answer was, “Oh, but they are. They’re still in the police, they run the opposition parties, they’re trying to undermine us at every stage. And if they do get the presidency back, we’ll be put in prison.” So that kind of fear really did exist. When the coup happened, it was shocking, and I was worried about Nasheed and others who I’d been working with. But it wasn’t surprising. They really were trying to do an impossible thing in the Maldives, by creating this vision of a modern, liberal, democratic state on the shoulders of years and years
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of despotism. And by the way, think about what’s going on in Egypt and Tunisia and Libya today. That’s what they’re trying to do, and in some ways what we’re seeing here — two steps forward, one step back — could be a harbinger of what is to come in those countries. Mr. President, you’ve mentioned the role that Islamic radicals now play in the government. Can you talk about the role that Islam has played historically in the Maldives? M.N.: Whatever happens in the Middle East also happens in the Maldives, and whatever happens in the Maldives also happens in the Middle East. During the ’70s, Wahhabism and radical Islam, as soon as it started elsewhere, filtered into the Maldives. And then we saw Gayoom coming. He was educated at al-Azhar University [in Egypt], where he was a classmate of Hosni Mubarak. Gayoom came in the late ’70s, and that also fueled the Islamic rhetoric. When he discovered he could no longer control the radicals, he started arresting them and beating them up. That created an underground network of Islamic radicals, and for a long time they were the only organized group in town. The only organized dissent came from them, because [the democratic opposition] were all in jail. So young people started joining the radical Islamic groups, and by the time we were able to articulate a movement, they were already entrenched. But we were able to beat them in elections, over and over again. We beat them in the presidential election and we beat them in the parliamentary elections. Out of 1,081 local council seats, they won 4, and only because we did not want to contest them there. I felt that they had to be in the game somewhere. My assumption and my feeling is, you know, if we were able to do the things we were working on, without the coup, we would have been able to liberalize the country and address Islamic radicalism through democratic means, without infringing on their human rights and so on. But unfortunately we were not allowed to do that. So what is the ideology driving Gayoom and his supporters? Or is there any? No, there’s no ideology behind it. I mean, the ideology is xenophobia and racism. All the rhetoric against Israel and the West, calling everyone a heathen. It’s really narrow-minded and intolerant and nationalistic. This is an island mentality as well, but it’s possible to change that. It’s not the people who have that mentality but the ruling elite, who want to suppress the people through that narrative, that rhetoric. Jon, this movie has now gotten a lot of publicity that perhaps you did not expect. Is there a danger that the issue you set out to highlight — the importance of climate change, and of President Nasheed’s engagement with the issue — is now being overshadowed by the political context? J.S.: When you asked earlier whether the new government would carry on the climate battle, the thing is that Waheed, the new president and former vice president, might pay lip service to that. But it totally ignores the important thing that has happened in the Maldives, where Nasheed and his people have been working for 20 years, in a grass-roots, Gandhian struggle for civil rights and good governance and freedom of speech, all that stuff that has happened in so many of the great democracies of the world. The fight against climate change is an extension of that, in President Nasheed’s mind. It’s a fight for human rights. It’s a fight for the right to exist in a healthy environment and to have the freedom that goes along with that. So they’re one and the same. The fact that the film might get a little more publicity because of this political struggle really is one and the same with the struggle on climate change. It sounds naïve, maybe, but you’re struggling for truth and justice. The climate debate is about that, and so is the fight for democracy. Thematically they are the same, and that’s why Nasheed took on the climate fight when he stepped into office. It was an extension of his life’s work. M.N.: During the ’70s, democracy movements had human rights as a foundation to build on. I feel that now climate issues and human rights are equally important. You have to save the planet as much as save the people, and democracy can be built on that foundation. I would hope that Egyptians, or all the other democracy
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movements in the Middle East, would find climate change as a track that they have to address. They cannot come into government without understanding climate issues, and what is happening to the environment around them. If you get beaten up as a human being, that’s very bad. When the world gets battered, no one is physically crying, but the planet is. All democracy leaders, all people who want to fight for freedom and justice, must fight for climate as well. In that sense, Jon’s film is timely and necessary. It’s must viewing for anybody with any interest in democracy. How long do we have to save the Maldives? If nothing is done, when will your country become uninhabitable? I think the science here is very, very sorted out. We can’t be so silly as to question the science. We have a window of about seven years to start acting now, and if we can’t do that, then I think within the next 70 years or so we will have very serious issues, not just in the Maldives but everywhere. Issues about resources, about water, about migration. Climate migration — there will be a huge exodus of people from place to place. The Pentagon has come out and said that this is a huge national security threat. But elections are fought almost entirely on economic issues. Nobody talks about human rights. Presumably we’re not going to hear either President Obama or Gov. Romney talking about this issue for the rest of the year. They may talk about gasoline prices, but not about the underlying issues. No, but the thing is, we do everything that we do for our children. Why are you working? Why am I working? We would not have any policies for ourselves, but we should have policies for our children. I think democratic leaders have been so shortsighted in listening to their advisors: “Oh, no, no, there are huge oil companies who can do this and that. You can’t do this, Mr. President!” You can do it, and you have to do it. You might lose power, but you are saving your children. We can’t have our policies only go as far as their noses, and the next election. I am sure a new age of politicians is coming, in the United States as well. I still believe that if President Obama would start articulating on climate issues, he would get more votes, not fewer. I am convinced of it. The people of this country — yes, you are worried about gasoline prices, that’s true. But you are also worried about what’s happening to the rest of the world, to your own planet. You can’t just assume people are so simple, and be so condescending toward them. If you listen to advisors, the only thing people care about, apparently, is what’s in their pocket. If that were true, I wouldn’t be in government. Our children understand all this better than we do. They are not going to vote for oil companies and the status quo. If political leaders think that they have a future by taking the safe side, I think they’re very wrong. “The Island President” is now playing in New York and San Francisco. It opens April 6 in Los Angeles; April 18 in Waterville, Maine; April 20 in San Diego and Washington; and April 27 in Detroit and Minneapolis, with more cities to follow.
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In the Maldives’ Strangled Democracy - NYTimes.com
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February 8, 2012
The Dregs of Dictatorship By MOHAMED NASHEED
Male, Maldives DICTATORSHIPS don’t always die when the dictator leaves office. The wave of revolutions that toppled autocrats in Tunisia, Egypt, Libya and Yemen last year was certainly cause for hope. But the people of those countries should be aware that, long after the revolutions, powerful networks of regime loyalists can remain behind and can attempt to strangle their nascent democracies. I learned this lesson quickly. My country, the Maldives, voted out President Maumoon Abdul Gayoom, its iron-fisted ruler, back in 2008, in historic elections that swept away three decades of his authoritarian rule. And yet the dictatorship bequeathed to the infant democracy a looted treasury, a ballooning budget deficit and a rotten judiciary. I was elected that year, and with the help of the International Monetary Fund, my government worked to cut the deficit, while also building a modern tax base. For the first time in its history, the Maldives — a group of islands in the Indian Ocean — had a democratically elected president, parliament and local councils. But it also had a judiciary handpicked by the former president, which was now hiding behind a democratic constitution. These powerful judges provided protection for the former president, his family members and political allies, many of whom are accused of corruption, embezzlement and human rights crimes. At the same time, new laws guaranteeing freedom of speech were abused by a new force in Maldivian politics: Islamic extremists. The former president’s cabinet members threw anti-Semitic and anti-Christian slurs at my government, branding as apostates anyone who tried to defend the country’s liberal Islamic traditions and claiming that democracy granted them and their allies license to call for violent jihad and indulge in hate speech. In response to these issues, my government asked the United Nations to help us investigate judicial abuses and ordered the arrest of Abdulla Mohamed, the chief judge of the criminal court, on charges of protecting the former president and corrupting the judicial system. However, in a dramatic turn of events on Tuesday, the former
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president’s supporters protested in the streets, and police officers and army personnel loyal to the old government mutinied and forced me, at gunpoint, to resign. To avoid bloodshed, I did so. I believe this to be a coup d’état and suspect that my vice president, who has since been sworn into office, helped to plan it. Choosing to stand up to the judge was a controversial decision, but I feel I had no choice but to do what I did — to have taken no action, and passively watched the country’s democracy strangled, would have been the greatest injustice of all. The problems we are facing in the Maldives are a warning for other Muslim nations undergoing democratic reform. At times, dealing with the corrupt system of patronage the former regime left behind can feel like wrestling with a Hydra: when you remove one head, two more grow back. With patience and determination, the beast can be slain. But let the Maldives be a lesson for aspiring democrats everywhere: the dictator can be removed in a day, but it can take years to stamp out the lingering remnants of his dictatorship. Mohamed Nasheed was president of the Maldives from 2008 until Feb. 7.
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ASIA 26 February 2013 Last updated at 20:26 GMT
Maldives girl to get 100 lashes for pre-marital sex By Olivia Lang BBC News
A 15-year-old rape victim has been sentenced to 100 lashes for engaging in premarital sex, court officials said. The charges against the girl were brought against her last year after police investigated accusations that her stepfather had raped her and killed their baby. He is still to face trial. Prosecutors said her conviction did not relate to the rape case. Amnesty International condemned the punishment as "cruel, degrading and inhumane". The government said it did not agree with the punishment and that it would look into changing the law. Baby death Zaima Nasheed, a spokesperson for the juvenile court, said the girl was also ordered to remain under house arrest at a children's home for eight months. She defended the punishment, saying the girl had willingly committed an act outside of the law. Officials said she would receive the punishment when she turns 18, unless she requested it earlier. The case was sent for prosecution after police were called to investigate a dead baby buried on the island of Feydhoo in Shaviyani Atoll, in the north of the country. Her stepfather was accused of raping her and impregnating her before killing the baby. The girl's mother also faces charges for failing to report the abuse to the authorities. The legal system of the Maldives, an Islamic archipelago with a population of some 400,000, has elements of Islamic law (Sharia) as well as English common law. Ahmed Faiz, a researcher with Amnesty International, said flogging was "cruel, degrading and inhumane" and urged the authorities to abolish it. "We are very surprised that the government is not doing anything to stop this punishment - to remove it altogether from the statute books." He said he did not know when the punishment was last carried out as people were not willing to discuss it openly.
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Former Maldives president: 'They have to finish me off for their coup to be successful' Posted By Joshua Keating
Wednesday, April 3, 2013 - 3:40 PM
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Until last year, Maldivian President Mohamed Nasheed was best known for his high-profile advocacy on behalf of small island nations in climate change talks, which included high-profile stunts like holding a cabinet meeting underwater and starring in an acclaimed documentary. But political reality got in the way in March of last year when he was, he claims, forced from power in a coup.
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Nasheed first came to office in 2008, in the Maldives' first multiparty elections, ending 30 years of
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rule by authoritarian President Maumoon Abdul Gayoom. But after taking the presidency he frequently butted heads with the ex-president's allies in government and, in early 2012, ordered the arrest of a judge who he accused of trying to quash a corruption investigation. The arrest provoked demonstrations, and shortly afterward, Nasheed resigned, later claiming that he had been forced out at gunpoint by Gayoom loyalists. (He wrote about the events for Foreign Policy.) Nasheed was arrested last March -- after taking refuge for several days in the Indian embassy -- in connection with the judge's detention. He is currently awaiting trial and, if convicted, would be ineligible to contest presidential elections scheduled for next September. On Monday, Nasheed caught a break when the country's high court delayed his trial while it investigates the legitimacy of the lower court that was to hear his case. With all this going on, FP spoke with Nasheed on Wednesday by phone from his office in Male:
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Foreign Policy: Do you believe that you will be able to contest this year's presidential elections? Mohamed Nasheed: I don't think it is certain yet at all. I don't see the authorities here being willing
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to accept that. They know they cannot win if we contest. I am unfinished business, because they
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have to finish me off for their coup to be successful. So there may not let me contest at all. FP: So what will happen in Maldives if you can't run?
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MN: There's been a lot of hope among the younger generation that this country can change, that
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we can change our government though peaceful political activity and through the ballot and not through brute force. A fair amount of people have invested a lot of their life on trying to bring these changes. When they see it vanishing into thin air, there's bound to be a backlash. FP: In another recent interview you said, "Usually in a coup you kill the other man, but in this instance I remain an irritant to them." Does that imply that you fear for your safety? MN: There are always so many rumors going on in Male. Recently we've heard the that the Artur
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brothers from Armenia, who have a history in Kenya, have been in the Maldives. [The Artur brothers are alleged drug smugglers and hitmen from Armenia who have been implicated in a number of crimes in Kenya. Prime Minister Raila Odinga has accused them of a plot to assassinate him.] The police have commented on it and there's a very big scheme. There are all sorts of reports coming out related to these too people. There are always reports of murder attempts. Always reports of threats. FP: So why do you think it is that the government has allowed you to remain an "irritant," rather than detaining you or forcing you into exile? MN: They just couldn't! They've tried so many times. They tried a number of times and somehow
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every time they try to arrest me and test the waters, there's been a very big public outcry and outrage. So they just haven't been able to do that. FP: This affair started with a showdown between you and the Maldives judiciary, including the arrest of the chief judge before you left office. If you got back into power, do you think you'd be able to work with these judges? MN: Well, you know the United Nations Special Rapporteur on the Judiciary has come and made a
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very long assessment on the judiciary here. A number of other international agencies -- the Commonwealth and other friendly countries -- have all had a good look at the judiciary. I don't May/June 2013
think that there is rampant corruption in the Judiciary. The problem is that Gayoom is unwilling to let go. So my feeling is that another election would finally make it very clear that Gayoom is history
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and then we would be able to have space and room for us to reform the Judiciary.
legitimate transfer of power. The U.S. State Department also endorsed the findings of a
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Maldivian government commission last August, which found that no coup had taken place. Why do
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FP: A number of countries, including the United States and India, recognized your departure as a
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MN: Governments always have to see if they can maintain some status quo and stability. You can
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see why the Indian government, for instance, had to recognize the new regime. But I think they were very naïve in thinking that this was a peaceful transfer of power and constitutional. They have seen what has happened since then and now they are coming around and demanding a peaceful
election and so forth. I think the international community must learn from what they have experienced in the Maldives.
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FP: As you're no doubt aware, unrelated to your case, there's also a call for an international
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tourism boycott of the Maldives over the case of a teenage girl who was sentenced to 100 lashes
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for premarital sex after she was raped. Are you worried that...
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MN: [Interrupting] But this is not unrelated! Yes I am worried, but this is the heart of the matter.
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The coup was mainly radical Islamists. It was their coup. There was a core group within the military and the police who were very radical in their religious views and came out shouting "Allahu Akbar."
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They smashed the museum. This was the first flush of the coup. Then the politicians took over. But these politicians are having to introduce a much stricter code of shariah because that was the understanding. The attorney general has submitted to the parliament amendments to the penal code that would allow amputation, beheading, and stoning. This is what the international community totally failed to understand and is still what they are unable to see.
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community totally failed to understand and is still what they are unable to see.
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FP: So should the world be concerned about the spread of religious extremism in the Maldives?
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MN: Our society here is generally very moderate. That's why they elected me. That's why they want to elect me again. I just thing we've given too much attention to marginal groups like these
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radicals. [The Islamists] contested us in a parliamentary election and did not get a single seat. They contested us in local council elections and did not get a single seat. But after the coup they have three cabinet ministers. FP: I wanted to just ask you briefly about climate change. What's your take on the current state of international negotiations after last year's meeting in Doha and what should be the approach of small island development states like yours going forward?
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MN: I think we need to come out with a positive narrative, where we can have more renewable energy, where we can have more jobs out of it -- not to equate development and carbon emissions. I would like to see development linked to more production of renewable energy. We need more emphasis on the production of energy without carbon.
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AMNESTY INTERNATIONAL PUBLIC STATEMENT Index: ASA 29/005/2013 25 April 2013
Amnesty International concludes visit to the Republic of the Maldives An Amnesty International delegation has concluded its 16-24 April visit to the Republic of the Maldives. South Asia Director Polly Truscott, and South Asia Researcher Abbas Faiz, met with Maldivian authorities and civil society to review the human rights situation in particular with regard to freedom of expression, the criminal justice system, and accountability for human rights violations. During the visit, Amnesty International found that, while the country has made considerable progress over several years in promoting and protecting human rights, there remain significant human rights challenges that urgently need to be addressed. Amnesty International is deeply concerned that the Government of the Maldives has so far failed to ensure that attacks on human rights defenders and journalists are effectively investigated and the perpetrators brought to justice. Such attacks include those on Ismail “Hilath” Rasheed who survived a knife attack on 5 June 2012 and had previously been assaulted in December 2011 for advocating religious freedom, and on Member of Parliament Afrasheem Ali, who was knifed to death on 2 October 2012. Afrasheem Ali was a widely respected Muslim scholar who advocated for the right to hold diverse religious views within Islam. Others attacked more recently include television news journalist Asward Ibrahim Waheed who was severely beaten with a metal rod on 22 February 2013. As political rallies by opposing groups continue through the streets of Male’ and begin to intensify in the run-up to Presidential elections on 7 September 2013, Amnesty International urges the Government of the Maldives to end impunity for the arbitrary and abusive use of force by security forces against demonstrators,1 in particular in Male’ and Addu from 7 to 9 February 2012 following the disputed resignation of the former President. In August 2012, the current President’s own Commission of National Inquiry noted the “allegations of police brutality and acts of intimidation” and called for “investigations to proceed and to be brought to public knowledge with perpetrators held to account.” This recommendation has not yet been met. Moreover Amnesty International has received reports that at least one police officer implicated in the violence used by police against demonstrators has in fact been promoted. On a positive note, Amnesty International welcomes the efforts now made by Maldivian authorities, in particular the President of the Maldives, to strengthen measures to ensure that any child who has been sexually abused receives protection, not punishment. These include a review of all cases of children who have been investigated for “fornication,” that is, sex outside marriage. Under international human rights law no one who either engages in consensual sexual activity or who is a victim of sexual assault, should be criminalised or punished, regardless of their age. All victims of sexual abuse must benefit from measures of protection, support, and redress, responsive in the case of children (those under 18) to their age and other circumstances. Further, the use of flogging as a punishment in any event violates the absolute prohibition on torture and other cruel, inhuman or degrading treatment or punishment and should be abolished. The recent sentencing by a juvenile court to house arrest and flogging of a 15-year old girl rape survivor for “fornication” has understandably prompted widespread national and international concern.2 It is clear that all authorities involved in her case had over several years failed in their duty to provide her with appropriate protective and support services. Amnesty International is therefore encouraged to hear that the girl’s conviction will shortly be appealed in the High Court and looks forward to her best interests being given priority consideration, and the conviction being quashed.
The case described above highlights the urgent need for criminal justice reform including a new Penal Code, Criminal Procedure Code and Evidence Act. As noted by the UN Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul, during her recent visit to the country 3 “A major challenge for the fair, impartial and consistent delivery of justice is the lack of some basic pieces of legislation […] This lack of legislation creates ambiguity and represents a real challenge for enforcing the rule of law and respecting the principle of legality.” Amnesty International therefore welcomes efforts by the Government of the Maldives and Members of Parliament towards finalising and adopting such legislation. The organization urges the Government of the Maldives and Members of Parliament to ensure however, that this new legislation is consistent with Maldives’ obligations under international law. Amnesty International continues to receive credible reports of political bias within the justice system, and in this regard is concerned about a newly proposed draft provision which gives greater discretion to judges to implement provisions of Shari’a law – a discretion which could be used in a way that would undermine the fair, impartial and consistent delivery of justice. Furthermore, any proposed provisions allowing for cruel and degrading punishments, such as flogging or amputations, must be dropped in order to meet Maldives’ obligations under the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture. Similarly any provisions in the Penal Code which would facilitate the resumption of executions after nearly six decades would be a major setback for the country and inconsistent with Maldives’ international human rights law obligations and should also be revised. Article 6(6) of the ICCPR states that “Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.” There is no convincing evidence that the death penalty works as a special deterrent against crime. Moreover the UN General Assembly has repeatedly called on all states to establish a moratorium on executions, with a view to abolishing the death penalty, most recently in December 2012. In conclusion, Amnesty International thanks the Government of the Maldives for facilitating its latest visit to the county, and urges the Maldivian authorities to continue progress towards full implementation of human rights law and standards, including strengthening measures to ensure greater accountability for human rights violations. ***** During the visit, Amnesty International delegates met with the President, His Excellency Dr Mohamed Waheed, and the Minister of Gender, Family and Human Rights, Her Excellency Ms Aishath Azmina Shakoor. The delegation also met with the officials from the Ministry of Home Affairs, the Ministry of Foreign Affairs, as well as the Chief Justice, the Prosecutor General, the Speaker of Parliament, members of the People’s Majlis, as well as members of the National Human Rights Commission, representatives from various political parties, lawyers and journalists. Amnesty International also visited Dhoonidhoo Detention Centre and Maafushi Jail. The delegation regrets that it was not possible to meet with the Police Commissioner, the Minister of Home Affairs, the Attorney General and members of the Police Integrity Commission and looks forward to future opportunities to do so. Amnesty International last visited the country in February-March 2012. Amnesty International public documents on the situation in the Maldives are available at: http://www.amnesty.org/en/region/maldives
1
Amnesty International, The other side of paradise: A human rights crisis in the Maldives (Index: ASA 29/005/2012) https://www.amnesty.org/en/library/asset/ASA29/005/2012/en/6d93c0bb-67f0-4688-b22ab8c115e83f52/asa290052012en.pdf 2 Amnesty International, Maldives: Rape survivor found guilty of “fornication� (Index: ASA 29/005/2012) ASA 29/001/2013) https://www.amnesty.org/en/library/asset/ASA29/001/2013/en/6c2332f1-943d-4b05-b0a71316e381f71c/asa290012013en.pdf 3 Knaul, Gabriela, Preliminary observations of the UN Special Rapporteur on the independence of judges and lawyers on her official visit to the Republic of Maldives (17-24 February 2013), http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13037&LangID=E