Cosmetic changes would not do :: Maldives News :: Dhivehi Observer

Nashid Column

Cosmetic changes would not do

by Dr. Ibrahim Nashid, G. Keneree Ge, Male', 18 September 2005

To release the pressure from abroad, President Gayoom's government has every now and then allowed international organizations access to persons detained in the Maldives. The human rights organization Amnesty International visited the Maldives to interview detainees held at the Dhoonidhoo detention centre in October 2004. On the 5th of October 2004 Gayoom's government signed a memorandum of understanding with the International Committee of the Red Cross (ICRC) granting the ICRC access to all persons detained in the Maldives. The ICRC paid their last visit under this agreement following the disturbances of August 12th to 14th this year. Even the American ambassador had met the political detainees at Dhoonidhoo following the August disturbances of 2004.

For obvious reasons Gayoom allows these international organizations access to detainees in the Maldives but withholds it for Maldivian organizations. One reason is that the international organizations generally submit their reports to his government only. Whereas Amnesty International has made their findings from their 2004 trip public, it is not the ICRC's policy to make such information publicly available. This allows Gayoom to keep a large majority of the Maldivian public in ignorance. While welcoming the chance to observe the Dhoonidhoo detention centre, Amnesty International noted that the legal changes that Gayoom's government has been required to implement under the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (CAT) are yet to be made. It has been almost a year since the visit of Amnesty International to Dhoonidhoo and the situation has not changed. As there is no local public pressure due to lack of transparency in government administration, Gayoom's regime can take their time in replying to these reports, giving the air that they are doing something about it while they nit-pick their way through the submitted reports. Another reason is that international delegations would require translators and interpreters, which gives Gayoom's government another chance to mislead and deceive. But the main reason why he allows them access is that Gayoom feels confident that these foreign organizations will never be able to bring him down from power.

Visits by international organizations are welcomed by the regime precisely because they do not go far enough to bring about lasting change. Foreign delegations visit a selected number of high profile detainees whose conditions are hundred times better compared to the vast majority who find themselves subject to arbitrary maltreatment and have their liberties seriously restricted by Gayoom's security forces. Because the government is heavily involved in the pre-selection of detainees for these visits, their independence is somewhat compromised.

If Gayoom were honest about bringing change and if he seriously wanted to prevent torture being carried out in his name, he would have to allow independent national monitoring of his government's detention centres in addition to international observation. Specifically, in line with human rights monitoring standards, access to the detention centres must also be granted to local non-governmental organizations. Maldivian NGOs would be in a position to conduct ad hoc visits at very short notice. They would also be in a position to collect information from the detainees' family members independent of the government. They would be able to enquire about the many who are arbitrarily arrested and later charged with disobeying the orders of the state. A national organization can keep a closer check on events when, for instance, the temperament of a detainee is used by the security forces to provoke him, in order to “create evidence” to use against him for further punishment. Moreover Maldivian organizations can play the vital role of ensuring that the detainees have access to legal assistance or even provide it in cases where necessary. Even when the best international and national monitoring mechanisms are in place there will be times when these mechanisms fail to prevent torture. In such situations the locally based NGOs would find it easier to gather statements from those involved and follow the case until justice is done. This is of paramount importance in order to demonstrate that torturers simply cannot act with impunity.

Recent press statements of Gayoom's government give the indication that all mechanisms to prevent the abuse of human rights in general and torture in particular are in place. These statements lead us to believe that all is well with the system and, if at all necessary, only some minor tinkering is required. We all know these are just wicked lies of a brutal dictator who is aware that the foundations of the whole structure that keeps him in power will be undermined if he stopped torture in the detention centres. The scars on the bodies of the young, the tears of the mothers for their dead sons and the questioning look on the child's face as to why his father cannot walk anymore is testimony enough to realize that the system is light years away from being perfect.

The brutality of Gayoom has got be stopped for the nation to feel safe at last.