Indian hackers take down MACL website as lenders, Malaysian government seek to resolve GMR crisis

Indian hackers have taken over the website of the Maldives Airports Company Limited (MACL), the government company that has ordered the GMR-Malaysia Airports Holdings Berhad (MAHB) consortium to hand over the airport by the end of next week.

The hackers, calling themselves the “Indishell Defacers Team”, replaced the MACL homepage with a black background and a pair of eyes Thursday (November 29) evening, demanding that the Maldives “stop defaming Indian Reputed Companies & learn how to run a website and secure it first.”

“If you don’t know how to secure a website, can you run an Airport securely, MACL?” the hackers added, along with a promise to “do anything for India”.

As of Saturday afternoon, the MACL website remained suspended. MACL CEO Mohamed Ibrahim declined to comment, stating only that he was in a meeting and that the company would “issue media statements from time to time”.

Following the government’s announcement last week that its contract with GMR was void and it would therefore be issuing a seven day ultimatum for the investor to leave the country, MACL claimed that local employees who applied for jobs with the state operator would “have their present basic salary, allowances and other benefits, and training and development opportunities maintained under MACL management.”

The same day, the Immigration Department announced that it would cease renewing the work permits of GMR’s 140 foreign employees, while the Civil Aviation Authority (CAA) sent GMR a letter stating that the operator’s aerodrome certificate – the regulatory authority to operate an airport – would be withdrawn at 11:59pm on December 7.

MACL has also filed a complaint with the Maldives Police Service, alleging that the contract was given to GMR in 2010 “unlawfully”.

GMR has meanwhile stated that it has no intention of leaving without exhausting the legal process and seeking due compensation – the company has stated that it has already invested between US$220-240 million of funds set out for the US$511 million airport development project.

Arbitration proceedings over the contentious airport development charge were already ongoing in Singaporean courts prior to the government’s declaration that the contract was void.

GMR is currently seeking an injunction against its eviction in the Singapore courts, with the next hearing reportedly set for Monday.

Malaysian visit

Meanwhile, Malaysian Foreign Minister Anifah Aman and MAHB Managing Director Basir Ahmed visited the Maldives on Friday to try and resolve the situation.

Aman told local media at the airport that his discussion with Maldivian Foreign Minister Dr Abdul Samad Abdulla was “fruitful”.

“As we are two friendly nations, there is no reason why this matter cannot be resolved,” Aman was reported as stating by Haveeru.

The reaction from the Indian government and industry groups has been substantially less prosaic.

The Associated Chambers of Commerce and Industry of India (ASSOCHAM), expressed “serious concern over the unilateral decision of the Maldives government” and the “violation” of the country’s concession agreement with GMR.

The chamber of commerce group urged the Indian government “to take immediate steps as may be necessary to protect the interests of GMR, its people working in Male’ as well as the Indian banks against such irrational moves.”

Lenders to GMR, including the lead underwriter Axis Bank, Indian Overseas Bank and the Indian Bank have meanwhile written to the Maldives government demanding that their interests be protected. US$368 of the US$511 million project is a loan component, most of it financed by Indian companies.

The Indian government is meanwhile reported to be reconsidering its bilateral aid assistance to the Maldives.

A succession of Indian loans have been crucial to the Maldives’ ability to pay its operating costs, including civil servant salaries.

Days prior to the government’s decision to void the GMR agreement, India had requested repayment of US$100 million in treasury bonds by February 2013.

A further US$25 million state loan from India was found to have been delayed after the Maldivian government failed to submit the requested paperwork, according to an Indian diplomatic source.

Overall Indian aid to the Maldives has totalled MVR 5 billion (US$324 million) over the last three years, according to official statistics from the Indian High Commission released in May.

In additional to credit facilities, purchase of bonds and provision of equipment and financial assistance, India provided the government substantial aid to hold the SAARC Summit in Addu Atoll last year.

In the last three years, India funded the construction of the Faculty of Tourism and Hospitality, provided US$4.5 million for the development of Indira Gandhi Memorial Hospital (IGMH), US$25 million for a police academy, US$9 million for police vehicles, US$1.5 million for a coastal management centre, US$1 million for the purchase of pharmaceuticals and sports equipment, US$5.3 million for the Institute of Information Technology, and most recently, the construction of a military hospital for the Maldives National Defence Force (MNDF).

Credit facilities of US$40 million were provided for the construction of 500 housing units, while the State Bank of India (SBI) had spent US$100 million of treasury bonds (with a further US$100 as standby credit). India also provided US$28 million for the development of human resources in the Maldives.

Moreover, a substantial amount of private lending to the resort industry development takes place through Indian banking institutions active in the country, most notably SBI, and a significant quantity of food to the import-dependent Maldives (including basics provisions such as eggs) is supplied through trade concessions with India.

India has also provided extensive military support to the Maldives, including supplying vehicles and a helicopter.

“An impact on ties is inevitable,” Indian newspaper The Hindu reported a senior Indian government source as stating, after last week’s decision by the Maldivian cabinet to evict GMR.

“For the time being, we have to consider how things stand and how to proceed,” an official source told the paper, “when asked whether India would continue assisting the Maldives in combating its financial difficulties, including paying salaries to civil servants and shoring up the surveillance and reconnaissance ability of its security forces.”

“Stability can come only after elections. All of them [political parties] are looking for some cause célèbre. GMR has unwittingly become a major political issue in the Maldives,” an official source told the paper.

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PPM candidate Ibrahim Ameen takes parliamentary seat in Ungoofaaru by-election

The Progressive Party of Madives (PPM) candidate Ibrahim Ameen has secured the parliamentary seat representing the Ungoofaaru constituency in Raa Atoll that was previously held by his brother, the murdered MP Dr Afrasheem Ali.

According to provisional results from the Elections Commission (EC), Ameen took the seat with 1159 votes in polling held on the islands of Ungoofaaru, Hulhuduffaaru, and Maakurathu, all in Raa Atoll, as well as a special polling station in Male’. He defeated Maldivian Democratic Party (MDP) candidate Dr Ahmed Ashraf who had 1078 votes.

There was some polling success however for the MDP during the day. The party’s candidate, Ashiya Hussain took the vacant island council seat for Keyodhoo in Vaavu Atoll with 221 votes, narrowly beating the Dhivehi Rayyithunge Party’s (DRP’s) candidate Ahmed Fayaz, who had 219 votes.

With 15 minutes left before polling booths were closed around the country, EC President Fuad Thaufeeq said an estimated 83 percent of eligible voters had turned out to cast their ballots. Voters in the queue to vote before the polls closure at 4:00pm this afternoon were still allowed to vote, according to the EC.

Thaufeeq claimed that voting had gone “quite smoothly” at all the corresponding polling stations, with the majority of complaints it had received concerned with campaigning tactics being used the previous day.

“We had received some complaints that campaigning was continuing to take place past 6:00pm yesterday,” he said, referring to a practice outlawed under elections rules. “Other than that everything is going smoothly in the atoll.”

The Ungoofaaru by-election had been scheduled earlier this year following the murder of PPM MP Dr Afrasheem in Male’ in early October.

Earlier this week, Commissioner of Police Abdulla Riyaz said the Maldives Police Service (MPS) believed it was “not the right time” to reveal the details behind the murder of Dr Afrasheem.

Speaking to Minivan News today, EC President Thaufeeq said that despite the circumstances behind the by-election for the Ungoofaaru constituency, the polls had been conducted in “more-or-less the same manner” as had been seen with two other parliamentary by-elections held since February’s controversial transfer of power.

“We have been getting the same types of complaints that we received with previous by-elections in Kaashidhoo and Thimarafushi. I would say it has gone a bit smoother than these,” he said. “There have been no major issues with the polls.”

The election itself was initially scheduled to be contested by three candidates after the PPM’s partners in the coalition government of President Dr Mohamed Waheed Hassan, such as the DRP, opted against fielding candidates.

However, an independent candidate, Najih Jinah, registered to stand against the PPM and MDP made a late withdrawal from the contest to lend support to Ameen’s campaign, according to local media.

Previous contests

In the local council elections of February 2011 for two atoll council seats in the Ungoofaru constituency, the MDP candidate Ibrahim Zayan received 1,024 votes while then-opposition Dhivehi Rayyithunge Party (DRP) candidate received 1,790 votes.

Meanwhile, in the May 2009 parliamentary election, then DRP candidate Dr Afrasheem Ali received 573 votes while MDP candidate Dr Ahmed Ashraf came second with 533 votes.

In Vaavu Keyodhoo, all five island council seats were won by DRP candidates in February 2011 with the first placed candidate garnering 267 votes.

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MPs can be arrested at crime scene, High Court rules

The High Court on Thursday ruled that MPs could be arrested at crime scenes despite a provision in the parliamentary rules stipulating that MPs could not be arrested while there was a pending no-confidence motion.

The ruling (Dhivehi) was made after the Prosecutor General’s Office (PGO) appealed a decision by the Kulhudhufushi Magistrate Court to release MPs Abdulla Jabir and Hamid Abdul Ghafoor, who were arrested on an uninhabited island on charges of alcohol consumption.

While it overruled the magistrate court decision to release the suspects, the High Court however ruled that there were no grounds to detain the MPs any further.

In its appeal, the state had requested authority to arrest the MPs again. But the High Court noted that the only reason police had given for requesting extension of detention was that the suspects might attempt to influence witnesses, ruling that such a possibility no longer existed.

In separate rulings referring to the constitution, the Police Act and Islamic Shariah, the High Court determined that despite the provision in the parliamentary standing orders, MPs could be arrested from crime scenes or if the arresting officer observes a crime being committed.

The article in the parliamentary rules was intended to protect MPs against arbitrary arrest, the High Court noted, but did not preclude arrests under any circumstances.

Section 202(d) of the house rules state that MPs cannot be arrested while there is a no-confidence motion before parliament to impeach the president or remove a cabinet minister, judge or member of an independent commission from his or her post.

Parliament on Wednesday meanwhile approved amendments to section 202 with 27 votes in favour and 18 against.

“The amendment proposed to Article 202 (b) states that if in the event of the arrest of a Member of Parliament under a circumstance that excludes allegations of criminal offense, and where immediate interrogation is not possible, then either the Speaker or the Secretary General of the People’s Majlis must be notified of the arrest in 15 minutes at the most,” according to the Majlis secretariat.

At the time of their arrest on November 16, no-confidence motions were submitted against President Dr Mohamed Waheed Hassan Manik and Civil Service Commission (CSC) Chair Mohamed Fahmy Hassan.

While Speaker Abdulla Shahid had instructed police to abide by the rules and release the MPs, police had refused and contended that it was up to a judge to determine the legality of the arrest.

During the hearings on the appeal, the High Court rejected a request by the state to abolish the provisions in the parliamentary rules as the appeal concerned extension of detention and not the constitutionality of a clause in a specific regulation.

Following an emergency meeting in the wake of the arrests, parliament’s Privileges Committee passed a motion to ask the Prosecutor General to press charges against Police Commissioner Abdulla Riyaz for arresting the MPs in violation of the law, and disregarding the Speaker’s instructions to release them.

The committee also passed a motion to ask the Human Rights Commission of the Maldives (HRCM) to investigate allegations of police brutality against the MPs.

Meanwhile, in a statement at the time, police said 10 people were arrested during a ‘special’ operation on the island of Hodaidhoo in Haa Dhaal Atoll.

In addition to ruling coalition Jumhoree Party (JP) MP Abdulla Jabir and Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor – also the party’s international spokesperson – those arrested included former SAARC Secretary General and Special Envoy to the former President, Ibrahim Hussain Zaki, former Press Secretary Mohamed Zuhair and his wife Mariyam Faiz.

The others arrested were Jadhulla Jaleel, Hamdan Zaki, two Sri Lankan nationals named Raj Mohan and Anoor Bandaranayk as well as a Bangladeshi named Suhail Rana.

While Hamdan Zaki – son of Ibrahim Hussain Zaki – was detained on orders of the magistrate court, he was released to house arrest on Wednesday after being taken to hospital. Hamdan’s family told local media that he suffered a seizure when he was taken to the hospital and accused police of ill treatment and negligence.

Hamdan Zaki was admitted at the ADK hospital and reportedly suffered another seizure on Thursday morning.

MP Jabir meanwhile alleged that police used excessive force during the arrest. Jabir previously told Minivan News police actions resembled “a terrorist killing operation.”

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Proposed defence budget 14 percent higher than 2012

The defence budget proposed in the annual state budget for 2013 submitted to parliament last week is 14 percent higher than 2012.

A total of MVR 930.9 million (US$60.3 million) was proposed for defence expenditure, which amounts to 5.5 percent of the total budget.

The figure in 2012 was MVR 797.9 million (US$51.7 million) or 4.8 percent of this year’s budget.

Of the MVR930.9 million assigned for the military, MVR 805.4 million (US$52.2 million) is to be spent on military defence and MVR 125.5 million (US$8.1 million) on civil defence.

The budget assigned for the Ministry of Defence for 2013 is MVR913 million, up from MVR811 million in 2012.

Moreover, defence expenditure under the Public Sector Investment Projects (PSIP) include MVR 3.1 million (US$201,000) for the construction of a troops accommodation building in Gaaf Dhaal Thinadhoo and MVR 1.9 million (US$123,216) for a military barracks in Laamu Kadhdhoo.

Following the controversial transfer of presidential power in February, an allowance of military personnel pending for more than two years was disbursed in a single payment.

Local media reported at the time that some officers had received over MVR6000 (US$390) in accrued allowances, although a total figure spent on the pay out, or how many officers received the allowances, was not stated.

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Parliament passes public health bill

Parliament on Wednesday passed 40-1 a public health bill submitted by Independent MP for Kulhudhufushi South, Mohamed Nasheed, more than two years ago.

The legislation (Dhivehi) specifies guidelines for protection of public health and includes penalties for violations.

While the Health Minister would be responsible for public health matters, the law proposes the formation of a Health Protection Agency with powers to appoint officials to various posts in the health sector, quarantining and carrying out inspections.

If the bill is ratified by the President, a public health fund would be established with proceeds from licensing fees, payments from services, fines and a portion of import duties from cigarettes and tobacco.

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Parliament accepts police bill

Parliament on Wednesday accepted legislation proposed by Independent MP for Kulhudhufushi South, Mohamed Nasheed, to revamp the existing Police Act.

MPs voted 24-19 with one abstention to accept the bill and sent it to the National Security Committee for further review.

Presenting the bill to parliament on October 31, Nasheed said the new law was intended to “bring fundamental, revolutionary change” to the police institution.

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Kudafari provides free bicycles in ‘green transport’ initiative

A new environmental NGO based on Kudafari in Noonu Atoll was officially inaugurated on Thursday the former Youth Minister Hassan Latheef.

The organisation, Kaanu Green Peace, was created by a team of young volunteers in June this year, out of a desire to do something to help their local environment.

A number of environmental initiatives were launched as part of the event, the culmination of weeks of work by the committee and volunteers. Dozens of banners around the island displayed environmental and civic slogans in both English and Dhivehi, from “Be proud of my island” to “Freshwater aquifer depletion threatens water supplies”.

The island’s street lamps were switched off for the evening and all roads lined with coconut-shell lamps. A procession with bodu-beru drumming conducted the guest of honour to a new public square opened earlier in the day, in remembrance of the late mother of Ali Mauroof, one of Kaanu Green Peace’s founding patrons.

Green transport

The most eye-catching scheme launched at the event was the island’s new ‘Green Transport’ initiative. Bamboo cycle racks have been erected at 8 points around the island (more are planned), and 30 cycles donated by sponsors. Anyone can use a cycle freely at any time, taking it from one of the special racks and leaving it at another. In return, explains Sehenaz Moosa of the organising committee, it is hoped residents won’t feel a need to introduce polluting vehicles such as motorcycles to the small island of 740 people.

Another initiative launched was a grass-covered ‘green avenue’, an experimental alternative to the sand roads elsewhere, of which construction is under way. The avenue will lead to two new island resorts, among the first resorts on local islands in Maldives, including Green Village, owned by Mauroof, which aims to use eco-friendly construction techniques. Hassan Latheef ceremonially planted a tree in the avenue before inaugurating the cycle scheme by riding the first bicycle between two of the pick-up points.

Environmental award

In another initiative, a local community award was inaugurated in memory of Yusuf Kaleyfaanu (Kudafari Kaleyfaanu), Mauroof’s late father, commemorating his service to the environment and to the development of Kudafari during his 60-year rule as Katheeb or Island Chief. The first Kaleyfaanu Award was given to Mariyam Ibrahim, a founder of the Kudafari women’s committee and long-time active community volunteer.

A temporary jetty with a stage had been built, from which Latheef addressed the crowded beach. He said that environmental challenges do not exist in isolation from other policy areas such as economic, social, and educational questions. He cited recent findings of the ILO that a ‘green economy’ can out-compete a traditional economy, and said the MDP manifesto will include measures to subsidise green initiatives and create ‘green jobs’, tackling unemployment as well as environmental problems.

Local action

“Not all problems can be solved by government,” explained Sehenaz. “We believe environmental problems also call for local action.”

She expressed a hope that Kaanu Green Peace’s brand of localism would take root and that the organisation will spread and help train volunteers on other islands.

Though officially launched yesterday, Kaanu Green Peace already has some ongoing projects, notably the setting up of dustbins in the streets in an attempt to get a grip on the problem of waste management that plagues Kudafari as it does the rest of Maldives. They hope to get a crusher with which to compact metals for resale and plastics to send away for recycling or disposal.

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Male’ City Council accuses government of sabotaging Tatva Global waste management project

The government has announced is it in the process of renegotiating a waste management contract for the Male’ area with India-based Tatva Global Renewable Energy – leading to criticism by the opposition-dominated Male’ City Council (MCC) that the state is trying to sabotage the agreement for political gain.

Former President Mohamed Nasheed’s administration signed the original waste management agreement with Tatva in May 2011 in a deal that was supposed to have generated power from recycling waste. The scheme was also said to be part of attempts to improve the overall standards of waste management in Male’ and the nearby “garbage island”, Thilafushi.

The deal, like the airport development agreement with India-based GMR declared void by the government this week, was been backed by International Finance Corporation (IFC), an affiliate organisation of the World Bank, according to the Inter Press Service news agency.

However parts of the agreement were ordered halted by the country’s Anti-Corruption Commission (ACC) in August this year over alleged concerns about the contract, which was also signed under the former government.

The ACC received concerns that the project would lead to an anticipated loss of MVR 1 billion (US$64.8 million) in government finances over a 20 year operating period, according to local news service Haveeru.

ACC President Hassan Luthfee had phone switched off at the time of going to press.

In correspondence sent to Minivan News this week, Dr Mariyam Shakeela, who has served as Environment Minister for the last few months and was most recently appointed acting Human Rights Minister, announced that a previous contract agreed with Tatva was expected to be replaced with a “mutually beneficial” agreement.

“Provided they perform within the time frame given, the contract will remain with Tatva,” she said in response to whether the company would retain its role on the waste management project.

Dr Shakeela, who did not respond to a question on the nature of the government’s concerns with the previous contract, said the time frame for the deal was “under negotiation”.

“[The] whole agreement is being formulated,” she added.

A spokesperson for Tatva Global Renewable Energy was not responding to calls from Minivan News at time of press.

MCC criticism

However, the MCC has claimed that following a visit of senior officials from Tatva Global Renewable Energy between November 18 to November 20, a failure by the government to involve its councillors in the process and ongoing delays to commencing the project had let it to conclude that the deal would be eventually cancelled. The MCC said it expected the project to eventually be cancelled, despite increasing problems with waste management in the capital.

MCC councillor Mohamed Abdul Kareem told Minivan News that he had been informed senior Tatva executives had been invited to the Maldives for several days earlier this month to meet with ministers and stakeholders involved in the energy project.

“However, I don’t know what the discussions were focused on. Many groups were there; the Finance Ministry, other government departments, the Attorney General’s Office and the State Electricity Company (STELCO) were all there,” he said.

However, Kareem questioned why the MCC – as a major stakeholder in its own waste management project – had also not been invited to the discussions to express its concerns over the need for the waste management project.

“The issue has been continually delayed and the waste management problem is getting worse, while we don’t have the budget to meet our waste management needs,” he claimed.

Kareem alleged that while the government was providing small amounts of funding for waste management, he believed attempts were purposely being made to exacerbate the capital’s refuse problems in order to undermine the municipal council’s work. Kareem added that he was presently consulting lawyers over where the MCC stood on the waste management project.

“We don’t have enough budget to collect the waste, meanwhile the collection centres in Male’ are full and waste is openly being burnt on Thilafushi,” he claimed. “I think this is a game [for the government], I am certain they will cancel this contract.”

Kareem claimed that with an estimated 150,000 inhabitants in Male’ each generating a kilogram of waste per day on average, managing the capital’s waste management was the largest logistical operations in the entire country on a daily basis.

“We are dealing with 150,00 kg of waste everyday, we don’t have efficient enough operations for this. We don’t have enough boat fuel and the excavators we use are 20 to 30 years old. “[Wednesday] even, the starter motor failed on one of these,” he said.

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Police fail to bring murder suspect to court

Police on Thursday failed to bring murder suspect Mohamed Samah to the Criminal Court for sentencing.

A court official told local media that the verdict was due to be delivered at Thursday’s hearing, which was cancelled after police did not bring the accused to court despite repeated requests by the judge.

Samah is accused of stabbing police Lance Corporal Adam Haleem to death on the island of Kaashidhoo in Kaafu atoll on July 22.

Following his arrest, Samah confessed to the crime and asked for forgiveness, claiming that the incident occurred while he was under the influence of drugs.

At the last hearing in early November, Samah however told the judge that police extracted the confession through torture.

Samah reportedly told the judge that he would prefer to face the death sentence under Islamic shariah than endure torture in custody.

The judge revealed at the last hearing that three of Haleem’s heirs had opted for qisas (retaliation or death for death).

Following Thursday’s hearing, the Criminal Court – along with the Civil Court and High Court – broke for a 15-day recess. The murder trial will therefore resume after December 15.

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