MALDIVES: DRL-FUNDED HUMAN RIGHTS SPEAKER

UNCLAS SECTION 01 OF 02 COLOMBO 001478

SIPDIS


DEPARTMENT FOR SA/INS, SA/PD HEATHER ROGERS, IIP/NEA-SA
REBECCA WINCHESTER

SENSITIVE

E.O. 12958: N/A
TAGS: PHUM SOCI EAID ELAB KPAO KDEM MALDIVES'>MV
SUBJECT: MALDIVES: DRL-FUNDED HUMAN RIGHTS SPEAKER
GRATEFULLY WELCOMED BY CITIZENS
REF: A. STATE 275537


B. COLOMBO 1420

C. COLOMBO 1429

D. COLOMBO 1469


1. (U) Summary: From August 14-19, Dr. Bert B. Lockwood,
Professor of Law at the University of Cincinnati and
Director of the Urban Morgan Institute for Human Rights, was
in MALDIVES with the assistance of the International
Information Programs Bureau and funded by an Economic
Support Funds (ESF) grant from the Bureau of Democracy,
Rights, and Labor (DRL) (Reftel A). The MALDIVES Human
Rights Commission (MHRC) arranged Lockwood's schedule to
include meetings with members of political parties, MHRC
Commissioners, civil society groups, and student groups. In
all of these venues, Lockwood was lauded for his work and
requested to instruct Maldivians as to how they can better
safeguard human rights. In response, Lockwood offered
guidance on strengthening the MHRC and emphasized the need
for an independent judiciary. He promised to make
recommendations both to the MHRC and to the US Embassy in
Colombo as to how to better assist Maldivians in promoting
human rights. End summary.


2. (SBU) Lockwood's visit came in the wake of pro-reform
demonstrations in Male' August 12-14 (Reftels B and C) in
which police and National Security Service (NSS) forces
arrested over 150 people. In light of these events, many
expressed concern about the pace of reform and the need to
safeguard human rights. On August 15, Lockwood met with
members of the opposition Maldivian Democratic Party (MDP).
Party members cited a litany of complaints, including
accusations that the police and NSS used excessive force
during the August 12-14 demonstrations. Other sources later
affirmed that NSS forces used abusive language, chased
people in an intimidating manner, and swung their batons
indiscriminately in the crowd. Lockwood told the MDP
members that he would draw up recommendations to strengthen
the MHRC.


3. (SBU) On August 16, Lockwood met with members of the
government's DRP (the rough translation from the local
language is "The Maldivian People's Party). The DRP
speakers said that the legal recognition of parties, an
improved tax structure, and a new Cabinet made up of young,
reform-minded technocrats were all signs of the Government
of the Republic of MALDIVES' (GORM's) responsiveness to
citizens' needs (Reftel D). The DRP members added that
while it was unfortunate that the police arrested so many in
the August 12-14 demonstrations, reformists need to respect
the GORM's commitment to change and refrain from violent
demands for faster progress. Lockwood responded that once a
reform process is initiated, people have high expectations
and it is difficult to slow down.


4. (SBU) Lockwood also met with members of the MHRC. One of
the Commissioners had been to the demonstrations and
described the NSS use of excessive force. All of the MHRC
members expressed worry that their government was not doing
enough to respect and protect human rights. The
Commissioners said they want to act as an oversight body,
but they lack legal and forensic training. Currently there
are no lawyers serving on the MHRC, and although there is
one medical doctor and one psychologist, none of the
Commissioners know how to identify signs of abuse in
detention. Nevertheless, Lockwood urged the Commissioners
to visit the prisoners detained after the demonstrations,
stressing that independent observation is essential in such
cases. The Commissioners decided to follow Lockwood's
advice and went on prison visits August 18.


5. (SBU) On August 15, the Commissioners also told Lockwood
they felt hampered by the proposed legislation granting
their mandate. (Note: The bill was later passed by the
Majlis (parliament) on August 18. End note.) The
Commissioners were wary of the bill because they viewed one
clause as prohibiting them from accessing police records and
another as preventing them from investigating cases pending
in court.


6. (SBU) In a meeting with Attorney General Hassan Saeed
later on August 15, Lockwood raised the MHRC's concerns
about the pending bill. Saeed said that the Commissioners
were empowered to conduct their own investigations and
should therefore not use police records or testimony as
evidence. Rather, they should interview witnesses
independently. He added that the Commission would retain
the right to investigate allegations of abuse, and that
these inquiries would take precedence over the resultant
cases being heard in court. In other words, Saeed
explained, if a detainee alleged abuse, the MHRC could
investigate the claims immediately. If the MHRC found that
abuse had occurred, the detainee's case would not go to
trial because his evidence would have been obtained
illegally. Saeed and Lockwood both agreed that the
Commissioners could easily address their concerns about the
legislation governing the MHRC if they had a lawyer to
advise them. Lockwood also emphasized the importance of an
independent judiciary in protecting human rights.


7. (SBU) Also on August 15 and 16, Lockwood met separately
with Minister of Gender and Family Aishath Mohamed Didi,
Minister of Justice Mohamed Jameel Ahmed, and Minister of
Education Zaahiya Zareer. All three ministers spoke of
challenges they faced in their portfolios, including a lack
of trained personnel. They also expressed a desire to
implement stronger human rights safeguards. Lockwood
assured them that he would provide recommendations based on
both meetings in Male' and his own years of experience in
the field.


8. (SBU) Representatives from various non-governmental
organizations (NGOs) also met with Lockwood and expressed
frustration at the length of time it had taken for their
groups to get GORM approval prior to functioning. Many
speakers also stated the need for public education about
human rights and democracy. Lockwood said that he would try
to assist the MHRC in addressing the public and making such
information available.


9. (U) In addition, Lockwood addressed two separate student
groups-- undergraduates studying law as well as high school
seniors. The students all responded warmly and thanked
Lockwood for his efforts. Along with the students, others,
such as waiters and proprietors of tourist shops, upon
learning that Lockwood was in MALDIVES to work on human
rights issues, thanked him effusively for his work on their
behalf. Many said they looked to the outside world for
guidance on how to better protect human rights in their own
society.


19. Professor Lockwood's own trip report and recommendations
will be transmitted in a separate communication.

ENTWISTLE