US embassy cable - 05COLOMBO1478

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, MV, Maldives, Human Rights 
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