We, as organizations of the Maldives Civil Society, categorically denounce the undemocratic actions of the three Powers of the State: the Executive, the Legislature and the Judiciary, at a time when democracy is in its infant stages in the Maldives. We believe recent political and civil unrest is a consequence of these three arms of the State disregarding the spirit of the Maldivian Constitution. We believe a culture of manipulation of the Law to infringe upon the rights of one another has developed and that the three arms of the State have failed to give each other due respect.
At the same time, other concerned State institutions have failed to give due regard to the current situation and acted irresponsibly, thereby increasing the challenges faced by the nation.
It is not responsible on the part of the Parliament, that they should pass Laws that undermine the powers of the Executive. It is unacceptable that the Executive, should use its powers to harass and deter the functioning of the Parliament, to disrepute the Judiciary and to try to exert undue influence on the judicial system. The lack of consistency in the rulings of the Courts, and actions which undermine the trust of the people in the Judicial System are contrary to the high standards which are expected of Judges. We call upon the Judiciary to work to restore the people’s faith in the judicial system.
The expression of views that undermine the Rule of Law and disrupt national unity by political parties serve only to harm the people and the nation. In this context, we condemn the “formation of People’s Courts” and the threat to “mobilize supporters for personal safety”, by political parties. Such warnings directed at the Institutions of the State undermine the Rule of Law, disrupts social harmony and has the potential to lead to bloodshed. The recent demonstrations organized by political parties have resulted in injuries to the general public and the security forces and destruction of private property. We remind political parties that it is one of their foremost responsibilities to ensure that such violence is not repeated.
While it is incumbent upon the security forces to uphold the Rule of Law, we are deeply concerned that security forces are stepping outside the boundaries of the Law with regards to arrest and detention. We call upon the security forces to ensure that their actions are not contrary to the letter and the spirit of the law.
We condemn recent incidents where individuals have had their right to privacy violated and private telephone conversations have been widely distributed by the media. We call upon the relevant State Institutions to prosecute those responsible and remind State Institutions, political parties and the media that no violation or limitation of any of the fundamental rights enshrined in the Constitution should be taken lightly.
We believe that State Institutions are acting irresponsibly by failing to address the root causes of the current crisis. We call upon all concerned to prioritize the people’s interest before self-interest and to reaffirm their commitment to serve the people. We urge all concerned institutions to protect the rights of citizens by upholding the Rule of Law and to resolve differences through amicable means.
We will continue to monitor the actions of State Institutions and political parties and keep the public informed of developments on the current situation.
———————————— This Press Statement is issued by the following civil society organizations:- Madulu, Maldivian Democracy Network, Huvadhoo Aid, Transparency Maldives, Maldives Youth Action Network, HAND and Democracy House.
‘Insaaf’ or ‘Just’ is a campaign by 12 NGOs (Maldivian Democracy Network (MDN), Madulu, Maldives Aid, Strength of Society, Rights For All, Huvadhoo Aid, Huvadhoo Association for National Development, Maldives Youth Action Network, Nadella Island Development Society, Maldives NGO Federation, Society for Women Against Drugs and Journey) to urge the Judicial Service Commission (JSC) to review its criteria for re-appointing Judges under Article 285 of the Constitution. More information on this urgent issue is available from the wall of MDN’s Facebook group and from JSC Member Aishath Velezinee’s blog.
If you feel that judicial reform is an urgent issue facing the country and agree with the petition, please sign it and get everyone you know to sign it as well. Article 285 is a unique opportunity for the country to ensure a fair and trustworthy Judiciary. Let’s not let this opportunity pass us by!
“Serious crimes such as assault with sharp weapons; drug trafficking; sexual abuse of women and children; and murder have become common in Maldivian society. There is also an alarming increase in threats to journalists and others in the media. We condemn this increase in serious crime and the failure of the state and responsible authorities to convict those responsible for these crimes.
In 2008: 6 cases of murder were reported to the Maldives Police Service (MPS) and 4 cases were forwarded to the Prosecutor General (PG). The PG in turn submitted 3 cases of murder to the Criminal Court in 2008 of which 2 cases resulted in convictions. In 2009: 12 cases of murder were reported to the MPS and 6 cases were forwarded for prosecution to the PG. The PG in turn submitted 11 cases of murder to the Criminal Court in 2009. The Criminal Court closed 6 cases of murder in 2009, of which 2 cases did not result in any convictions. In addition to this, we note with great concern that there is not a single case of ‘rape’ in the statistics maintained by either the PG or the Criminal Court. This is alarming because statistics from MPS show that in 2008, 9 rape cases were reported while 10 rape cases were reported in 2009.
The unprecedented level of crime in this historically peaceful and peace-loving country has led to a climate of fear. This situation is causing people to lose confidence in the fledgling democratic system and is a serious obstacle to consolidating democracy in the country. We note with regret that some individuals blame the rise in crime and failure to deliver justice on the new democratic system and human rights safeguards. We would like to take this opportunity to clearly state that the democratic system and human rights safeguards per se are not to be blamed for the current increase in serious crimes and failure to deliver justice, but rather the unsatisfactory implementation of these systems and safeguards.
Preventing and successfully prosecuting crime requires that appropriate relationships and levels of communication exist between the responsible State authorities. We believe that the current inadequate nature of this relationship and lack of communication between the authorities are main reasons behind the recent failure to convict criminals. While the various state authorities continue to blame each other for the current situation, crime continues to rise, eroding public confidence in the responsible independent and government institutions.
The deteriorating crime situation is one of the most serious and sensitive issues currently facing the Maldives. We call upon all relevant State authorities, both government and independent, to treat the issue as such, to fulfill their responsibilities to the people, to prioritize national interest and to improve inter-institutional relationships and channels of communication.
We believe that the ‘Anti-Social Behavior Bill’, ‘Gang Related Crimes Bill’, ‘Evidence Bill’, ‘Criminal Procedures Bill’, revisions to the Penal Code and ‘Special Procedures to Reduce Crime Bill’ are crucial tools in the effort to reduce crime and successfully prosecute criminals. As such, we call upon the Parliament to pass these bills and the President to ratify them as soon as possible as a matter of the greatest urgency.
Reducing crime in society is a responsibility that falls on every Maldivian citizen. We thus urge everyone to perform their civic duty by assisting the State in both preventing and prosecuting crimes. We also request that parents and guardians recognize and fulfill the vital role that they have to play in this regard.
We further call upon the relevant State authorities to comprehensively study and identify the causes for the recent rise in crime, in particular, identify why convicted criminals are able to offend repeatedly. We urge the State to take the necessary steps, based on these findings, to prevent and prosecute crime in the country.”
This press statement is released by Maldivian Detainee Network, Transparency Maldives, Rights for All, Maldives Aid, Madulu, Democracy House, Strength of Society and Maldives NGO Federation.
First public forum held under Go Vote campaign
The first public forum under the Go Vote campaign was held at Dharubaaruge on 23 July. The forum featured a panel discussion and a question and answer session open to the public. The forum was broadcast live by a number of FM channels. The Go Vote campaign will include public forums, radio and TV programs, music shows, booklets and posters to ensure a high turn out and public participation in the election.
