Posts Tagged ‘the Maldives’

NGO Statement remembers the one-year anniversary of the ban on the Maldivian Democracy Network

December 19, 2020

Today – 19 December 2020 – marks one year since the Government of the Maldives arbitrarily shut down the longest serving human rights group in the country, the Maldivian Democracy Network (MDN) and arbitrarily confiscated all of its funds. Since then, the Government has not reversed any of its unconstitutional actions related to the dissolution of MDN.

We remind the Government of the Maldives that Article 30(b) of the country’s Constitution guarantees the right to establish societies and non-governmental organisations (NGOs). Article 43 affords everyone the right to fair administrative action that adheres to basic fairness and procedural propriety. MDN has been deprived of these rights through arbitrary action taken without due process.

An administrative decision was taken based on allegations of a criminal offence, depriving the organisation and the human rights defenders involved of their right to appeal in the criminal and civil processes initiated by the Government of the Maldives. The right to appeal is guaranteed by Article 56 of the Constitution. Furthermore, the organisation has not been given the right of reply or to defend itself against what is widely seen as a biased decision based on the interpretation of an academic research.

We are disappointed that the Parliament of the Maldives has refused to investigate the matter and hold the government accountable. We urge the Parliament not to use its mandate selectively, and call on it to conduct its affairs equally, uphold the Constitution and the rule of law.

The Government of the Maldives, by taking arbitrary and unconstitutional actions to silence civil society, has set a dangerous precedent that has resulted in a violent witch-hunt of human rights defenders and civil society organisations. We call on President Ibrahim Mohamed Solih to conduct a fair and open enquiry into these deplorable actions and stop the harassment of the human rights community in the Maldives, as several United Nations Member States recommended during the third Universal Periodic Review of the Maldives in November 2020[1].

Signed by:

The Asian Forum on Human Rights and Development (FORUM-ASIA)

CIVICUS

The International Federation for Human Rights (FIDH),

The Commonwealth Human Rights Initiative (CHRI)

The Maldivian Democracy Network (MDN) is a non-partisan civil society organisation based in the Canton of Geneva, Switzerland, operating under the Swiss civil code. MDN, registered  in the Maldives from 2006 until December 2019, was one of  the longest-running human rights groups in the country until the Government of  Maldives forcefully shut down the organisation.

See also; https://humanrightsdefenders.blog/2017/06/26/maldives-mohamed-nasheed-from-human-rights-defender-to-president-to-exile/

[1] Recommendations made to the Maldives at the 36th session of the Universal Periodic Review

Sunny Maldives: Murder of human rights defender and blogger Yameen Rasheed tip of the iceberg

April 25, 2017

The Maldives normally create images in our mind of luxury holidays. This is a false image [see also: https://humanrightsdefenders.blog/tag/maldives/]. On Sunday, 23 April 2017, a prominent blogger and social media activist, Yameen Rasheed, was found in the stairwell of his residence in the country’s capital Malé with multiple stab wounds to his head, neck and body. Mr. Rasheed died of his injuries. The UN, Front Line and others expressed deep alarmed by Mr. Rasheed’s killing and urge the authorities to ensure that the investigation into the murder is prompt, thorough and that the perpetrators are brought to justice. Mr. Rasheed had in December reported to the Maldives Police Service that he was receiving targeted death threats following the publication of his photo along with those of others on an anonymous Facebook page, but he complained that he had to follow up for three days just to get a confirmation that his complaint had been registered. Mr. Rasheed’s killing comes in the context of what appears to be an upsurge in arrests and prosecutions of the political opposition.

Yameen Rasheed [see his profile: https://www.frontlinedefenders.org/en/profile/yameen-rasheed]  was a prominent human rights defender and social media activist in Maldives. Through his blog The Daily Panic, he was an outspoken critic of government corruption and was vocal against impunity for crimes against journalists and attacks of freedom of expression  committed by radical Islamist groups. Yameen Rasheed was a close friend of Ahmed Rilwan Abdulla, another well known Maldivian journalist, blogger and human rights advocate, who was abducted and disappeared in 2014. Since 2014, Yameen Rasheed had been working to obtain justice for Rilwan, and was recently coordinating with Rilwan’s family to file a case against the Maldives police on the investigation of Rilwan’s death. In 2015, he was arrested along with 200 other activists and imprisoned for three weeks after taking part in a pro-democracy rally in the capital.

Maldives has a troubling history of attacks targeting human rights defenders, journalists and bloggers. On 5 June 2012, blogger, LGBT activist and journalist Ismail Khilath Rasheed, also known as Hilath, was stabbed by radical Islamists. On 8 August 2014, prominent HRD Ahmed Rilwan went missing and has not been heard of since then. On 4 September 2015, human rights lawyer Mahfooz Saeed [https://www.frontlinedefenders.org/en/case/case-history-mahfooz-saeed] was brutally attacked by two unidentified men, see: https://humanrightsdefenders.blog/2015/09/07/mahfooz-saeed-lawyer-of-maldives-ex-president-stabbed/. 

It would seem therefore that the groundbreaking legal proceedings (October 2016), which the ISHR has brought to the UN Human Rights Committee have a lot of merit. It was requested to rule that the Maldives violated international law by restricting human rights defenders from submitting information to the UN.

In what is the first case filed with the UN on behalf of former members of a national human rights institution, ISHR has asked the UN Human Rights Committee to authoritatively rule that there is a legal right to submit information, evidence and reports to the UN and that restrictions on this right, or reprisals for exercising this right, amount to serious breaches of international law. The case could have wide-ranging implications, as a number of countries seek to criminalise or prosecute people to prevent them from exposing human rights violations at the UN.

Assisted by ISHR, Ahmed Tholal and Jeehan Mahmood, former Commissioners of the Human Rights Commission of the Maldives (HRCM), have filed a communication with the UN’s Human Rights Committee to highlight the Maldives’ failure to ensure their right to share information freely with the UN without reprisal. The HRCM was prosecuted in 2015 by the Supreme Court in the Maldives following a submission made by the HRCM on human rights in the Maldives to the UN’s Universal Periodic Review….The Court ruled that the HRCM’s report was unlawful, biased and undermined judicial independence, and ordered the HRCM to follow a set of guidelines designed to restrict the HRCM’s work and its ability to communicate with the UN.

Ahmed Tholal and Jeehan Mahmood said they were seeking a ruling from the Committee because they want the HRCM’s right to freely communicate with international human rights mechanisms to be firmly preserved in law and practice. ‘If the HRCM is not able to communicate freely with the UN, its ability to carry out its mandate is severely undermined. This case isn’t just about the HRCM of 2010. Rather it’s about the far reaching implications such reprisals will have on the independence and integrity of NHRI’s everywhere,’ they said.

‘The decision of the Supreme Court to restrict the activities and independence of the Commission is incompatible with the right of safe and unhindered communication with UN bodies, and the prohibition against reprisals for exercising that right. Such a decision by an arm of government is a clear breach of international law,’ Ms Sinclair of ISHR said. Background to the case can be found here.

A copy of the Communication can be found here.

Source: OHCHR Press Briefing Notes – South Sudan, Maldives | Scoop News

https://www.ishr.ch/news/reprisals-groundbreaking-legal-proceedings-filed-against-maldives

Amal Clooney speaks about the Maldives at AI side event

October 16, 2015

In this video (published on 14 October 2015) human rights lawyer Amal Clooney tells Amnesty International why she has taken up the case of former President Mohamed Nasheed, former president of the Maldives who was jailed for 13 years on terrorism charges. This hasty trial received universal criticism and the United Nations Working Group on Arbitrary Detention has declared his imprisonment as a violation of international law. Amal Clooney gave this interview after she spoke at a side event organised by Amnesty International to highlight the human rights situation in the Maldives focusing on fair trials and access to justice. https://thoolen.wordpress.com/2015/09/07/mahfooz-saeed-lawyer-of-maldives-ex-president-stabbed/
Others in a similar situation as Nasheed include former Defence Minister Mohamed Nazim, sentenced in March to 11 years for allegedly keeping an unlicensed weapon; former Deputy Speaker of Parliament Ahmed Nazim, sentenced in March to 25 years for alleged corruption. Almost all opposition leaders are either in jail or in exile, fearing arrest and imprisonment if they return. They include Sheikh Imran Abdulla, the leader of Adhaalath Party, who has been detained since May. He is at risk of unfair trial.

Read the rest of this entry »

Mahfooz Saeed, lawyer of Maldives’ ex-president, stabbed

September 7, 2015

It does not rank as the worst human rights violation in the world but the stabbing of the lawyer of the Maldives’ ex-president is a classic case of attacking the defenders. Wonder why not more lawyers organizations have come out in professional solidarity:
On Friday 4 September lawyer Mahfooz Saeed was stabbed in the islands’ capital, Male, ahead of a visit by his international legal team, including human rights lawyer Amal Clooney.  He underwent emergency surgery and is now in a stable condition. “There were many people who saw the incident. The attackers were also caught on CCTV cameras,” Shauna Aminath, a spokeswoman for the MDP, of which Saeed is also a member, told AFP. The party believes the attack was politically motivated, she said.
Amnesty International condemned the assault and called on the Maldivian government to bring the perpetrators to justice.
This vicious attack must not go unpunished — Maldives authorities must ensure that human rights defenders can work free from fear of reprisals and that those responsible are held to account,” the human rights group said in a statement.
Amal Clooney is due to travel to the Maldives this week to meet with Nasheed. She is part of the legal team along with Jared Genser — who has represented Myanmar’s Aung San Suu Kyi — and Ben Emmerson, a judge on international criminal tribunals for Rwanda and former Yugoslavia.

https://thoolen.wordpress.com/2014/10/19/retaliation-now-reaches-even-human-rights-commissioners-in-the-maldives-un-deeply-concerned/

Source: Lawyer for Maldives’ ex-president stabbed in Male | Arab News

Retaliation now reaches even Human Rights Commissioners in the Maldives: UN deeply concerned

October 19, 2014


(Ravina Shamsadani, Spokesperson for the Office of the UN High Commissioner for Human Rights. Photo: UN Multimedia)

On 17 October 2014 the United Nations High Commissioner for Human Rights felt duty bound to express deep concern about a criminal case initiated by the Supreme Court of the Maldives against members of the country’s own official Human Rights Commission!

The Office of the High Commissioner for Human Rights (OHCHR), noted that five members of the Human Rights Commission of the Maldives were now facing “serious criminal charges” following the submission of their written contribution to their country’s second Universal Periodic Review (UPR), presented to the UN Human Rights Council (the actual UPR of the Maldives is scheduled to be held between April and May 2015). “The Government has a responsibility to ensure a safe operating space for the Commission and for civil society actors in the country, so that they are able to coöperate with UN human rights mechanisms without fear of reprisals.” the spokesperson stated.

[It is not the first time the Supreme Court of the Maldives has come under rebuke from OHCHR. In 2013, former High Commissioner for Human Rights Navi Pillay called for reforms to the judiciary to safeguard the rule of law following the Supreme Court’s repeated interventions in the presidential election process in the Maldives which, she said, were undermining the country’s democracy. In that specific case, the Court had nullified the first round of the election on the basis of irregularities in the process, despite conclusions by national and international observers that the election was free and fair.]

United Nations News Centre – Maldives: UN ‘deeply concerned’ as Supreme Court prosecutes rights advocates.