Day: December 12, 2012

Wataniya announces launch of emergency credit scheme

Telecoms provider Wataniya has announced the launch of an “Emergency Credit” scheme that it has said allows prepaid mobile customers to receive up to MVR100 in phone credit wherever they are by dialling a special number.

According to the company, the scheme is designed to allow customers to make emergency calls in situations where they would not normally be able to top up their phone credit, before reimbursing the amount when they next buy credit.

“On the next recharge, the emergency credit amount will be deducted automatically from their account,” Wataniya stated following the launch of the scheme today.

The new service, which is available to Wataniya’s prepaid and ‘wMix’ customers who have been using the company’s services for at least six months, can be accessed by dialling ‘*140#’.

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“Yameen and myself are the two likely candidates in PPM primary”: Umar Naseer

Interim Deputy Leader of the Progressive Party of Maldives (PPM) Umar Naseer has said that he and Parliamentary Group Leader MP Yameen Abdul Gayoom are the most likely candidates to contest the party’s primary elections scheduled for February 2013.

The presidential Primary of the PPM is scheduled to take place after its congress.  Since its formation in October 2011, the government-aligned PPM has postponed its national congress on three occasions, despite having a charter of regulations stipulating that a congress must be held within six months of registration.

In October this year, local daily Haveeru reported that that the party cited “political turmoil” as the reason for the delays.

Naseer’s remarks about standing in the upcoming party primaries comes at a time when current interim leader of PPM, former President Maumoon Abdul Gayoom, has also highlighted the possibility of his running for re-election.

Both Naseer and Yameen Abdul Gayoom was not responding to calls from Minivan News at time of press.

Maumoon Abdul Gayoom told Indian newspaper The Hindu yesterday (December 11) that he may consider contesting in a presidential election presently expected to be held in August or September next year.

“Things change very frequently. So I am keeping my options open,” Gayoom was quoted as saying. “[If I run] it won’t be out of my choice, if ever, it will be out of compulsion. Because I feel I have served the country for 30 years and I feel it is up to other people [now].” Gayoom reiterated that he preferred not to run.

Speaking to local Newspaper Haveeru about the comments, Umar Naseer said that Gayoom had the right to contest for re-election in the next presidential elections – a decision he believed would make the country’s former autocratic ruler the “obvious top candidate” to finish the race.

“I would definitely back Gayoom if he is to contest the elections. He is our ‘ace of spades’. You cannot say that the ace of spades is not the ace of spades,” he said.

Naseer suggested that if Gayoom ruled out his intention to “come back to power”, it would undermine potential public excitement ahead of the primary vote.

“If he says he won’t contest the elections that would mean the ace of spades becoming two of diamonds, doesn’t it?” he added.

Umar Naseer previously contested the 2008 presidential election under the Islamic Democratic Party (IDP) and was defeated after winning just 1.39 percent of the vote in the first round – a total of 2,472 votes. Following the defeat, Naseer at the time refused to support another candidate.

President Waheed

Local media and senior politicians have previously speculated that President Mohamed Waheed Hassan could also be a potential PPM candidate to stand in next year’s general elections.

However, Gayoom, in his most recent interview with the Hindu newspaper, suggested that such a development could only happen if the president joined his party.

Gayoom has previously welcomed the prospect of President Waheed competing in a primary for the party’s ticket.

“The president, or anyone else, can join PPM if they want, and if they win the [party’s] primary, they will become our presidential candidate,” he said at the time.

PPM Deputy Naseer has himself echoed similar sentiments about the possibility of the president standing for the PPM whilst speaking at a rally in May.  The comments were made despite previous statements that President Waheed would not stand for re-election.

“Second term”

President Waheed himself, in an interview given to the Hindu, said that he was “contemplating” running for a “second term” in office, but said that a final decision on the matter would be taken at a later date.

Former President Mohamed Nasheed – who defeated Gayoom in the 2008 presidential election with 54 percent of the vote to Gayoom’s 45 percent – said at a rally last month that he believed President Waheed will become PPM’s presidential candidate with Gayoom’s backing.

Nasheed alleged that his former vice president held secret consultations with the PPM figurehead before the controversial transfer of presidential power on February 7.

“Dr Waheed has been scheming with President Maumoon for about two years, that I know of,” he said. “Sometimes in an uninhabited island in Baa Atoll, other times in Alivaage [Gayoom’s former residence]. They have been discussing and talking in different places. Anyone who thinks of carrying out a coup d’etat will know that one thing you need for it is a disloyal vice president.”

Uncertainty remains over what potential plans President Waheed may have for the elections presently scheduled for next year.

President of the religious conservative Adhaalath Party (AP) Sheikh Imran Abdulla has previously called on all government-aligned political parties to unite and back a single candidate, preferably President Waheed as an ‘umbrella-candidate’.

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Supreme Court orders halt on parliamentary appointment of new CSC head

The Supreme Court today released a temporary stay order requesting parliament not appoint a new President to the Civil Service Commission (CSC) until the judiciary concludes a case submitted by former CSC head Mohamed Fahmy concerning his removal from the post.

The court, in reference to the constitutional procedures that needed to be followed in cases of this type, said it was ordering parliament under Article 144(b) of the Constitution of the Maldives to temporarily halt any work related to the appointment of any person to the recently vacated post.

Article 144(b) states: “When deciding a constitutional matter within its jurisdiction, a court may in connection with a declaration pursuant to the article make any order that is just and equitable, including an order providing just compensation for any damage sustained by any person or group of persons due to any statute, regulation or action that is inconsistent with the Constitution; or an order suspending the declaration of invalidity (of a statute, regulation or action due to inconsistency with the Constitution) for any period and on any conditions, to allow the competent authority to correct the defect.”

The order was issued in response to a request for a temporary halt order made by Fahmy, who has submitted a case at the Supreme Court alleging that he had been removed from his post in an unlawful move by the parliament.  Fahmy was represented in court by lawyer and Progressive Party of Maldives (PPM) Council Member Mohamed Waheed Ibrahim.

Separation of Powers

Article 187(a) and (b) of the Constitution states that a member of the CSC shall be removed from office only on the grounds of misconduct, incapacity or incompetence, and a finding to that effect by a committee of the People’s Majlis, and upon the approval of such finding by the People’s Majlis by a majority of those present and voting, calling for the member’s removal from office.

In accordance with this, Fahmy was removed from his post on November 20 through a vote in parliament over claims he had allegedly sexual harassed a female employee. The vote had been taken in parliament after members debated the findings of a report into the allegations, which was compiled by the Committee on Independent Institutions.

The 70 members who partook in the vote were split 38 for removing Fahmy to 32 against, with two abstentions.

“What is at stake is the supremacy of the parliament as the representative of the people. By its actions, the Supreme Court is challenging the separation of powers that underpins the constitutional basis of governance,” Maldivian Democratic Party (MDP) MP Eva Abdulla told Minivan News.

Article 88(b) of the constitution states: “Unless otherwise specified in this Constitution, the validity of any proceedings in the People’s Majlis shall not be questioned in any court of law.”

Meanwhile, Department of Judicial Administration Director Ahmed Maajid defended the Supreme Court order, “In addition to Article 88(b) there is another clause in the constitution which says that the courts can look into any issues which breach human rights or the constitution. That is my personal view.”

Vice President of the Human Rights Commission of the Maldives Ahmed Tholal said that the commission could not yet comment on the matter as they had “just read about it in the news” and had so far not discussed it among the commission’s members.

Chair of the Committee on Independent Commissions Mohamed Nasheed, Speaker of Parliament Abdulla Shahid, Deputy Speaker Ahmed Nazim and Dhivehi Rayyithunge Party (DRP) MP Rozaina Adam were not responding to calls from Minivan News at the time of press.

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Supreme Court issues injunction to withhold no confidence vote on president

The Supreme Court has issued an injunction ordering parliament to withhold the impending no-confidence motions against both Defence Minister Mohamed Nazim and President Mohamed Waheed Hassan.

The ruling was made after a case concerning the legality of the no confidence motions had been filed by Progressive Party of Maldives (PPM) council member and lawyer Mohamed ‘Wadde’ Waheed Ibrahim.

The Supreme Court in its injunction today ordered parliament to withhold the no-confidence motion until it could decide on the legality of the matter after looking into the “necessary constitutional principles that had to be followed”.

Earlier this month, Ibrahim filed the case in the Supreme Court contending that the parliament’s decision to make impeachment votes a secret ballot was unlawful.

Speaking to local media after filling the case, Ibrahim said that Article 85 of the constitution clearly articulates that a session of parliament can only be held in ‘closed doors’ only if the issue debated in parliament concerns the national security of the state and if not the sessions should be held open to public.

He said therefore parliament does not have the authority to come to a decision outside its jurisdiction laid down in the constitution and sought the Supreme Court to invalidate the decision.

No-confidence motion

The opposition Maldivian Democratic Party (MDP) had proposed a no-confidence motion against President Mohamed Waheed Hassan in October claiming that the police and the military had “brutalised” its supporters on February 8 under direct orders from the president himself.

The MDP also alleged that President Waheed had destroyed the sensitive economy of the nation and adversely impacting investor confidence in the Maldives.

Other reasons, the MDP alleged, included the failure of President Waheed’s administration to curb gang violence in the country, as well as his government taking a loan worth MVR 300 million (US$19.5 million) from the Bank of Maldives (BML) without prior approval from parliament – a violation of Public Finance Act and Public Finance Regulation.

The MDP subsequently proposed the amendment to parliamentary regulation which would pave the way for a secret ballot in the vote to impeach President Waheed. However, the first attempt, despite approval from parliament’s General Affairs Committee was defeated in parliament by 39 to 34 votes.

Parliament this month passed the amendment when it was again re-submitted and approved with a 41 to 34 majority. The approval was backed by two government aligned parties, the Jumhoree Party (JP) and Dhivehi Rayyithunge Party (DRP).

Legality of two DRP seats

Meanwhile, Ibrahim has also raised doubts over the legality of the secret ballot decision, claiming it was passed by the votes cast by two DRP MPs Ahmed Nashiz and Ali Azim, whose seats he claimed were in question.

JP’s Policy and Legal Committee member Mohamed Haleem Ali had previously filed a case in the Supreme Court asking it to rule the concerned parliamentarians “unfit to stay in their elected seats” over the Bank of Maldives (BML)’s foreclosure on their loans.

“The Civil Court’s ruling number 935 of 2009 asks them to pay back the debts to BML. They didn’t. So I have submitted this case in accordance with subclause one of Article 73(c) and 74 of the constitution,” Haleem said at the time.

Subclause 1 of Article 73 of the Constitution of the Maldives states that a candidate for membership or a sitting member of the parliament would be disqualified if he has a decreed debt which is not being paid as per court rulings.

Article 74 states that any question concerning the qualifications or removal of a member of the People’s Majlis shall be determined by the Supreme Court.

Both MPs Nashiz and Azim were elected to parliament in 2009 general elections, the same year in which the civil court ordered them to pay the BML debts. The case was accepted by Supreme Court on December 10.

Supreme Court decision ‘void ab initio’: Ibra

Following the decision, former MP and Chair of Drafting Committee of Constitutional Assembly (Special Majlis) Ibrahim ‘Ibra’ Ismail stated that the decision was “void ab initio” (void from the beginning).

“They cannot suspend the decisions of the parliament. Parliament should not adhere to the decisions of Supreme Court,” he said.

“Parliament is free to conduct its business anyway they want to. Only the public can reprimand the parliament,” he added.

Counsel General of Parliament Fathimath Filza and Parliamentary Speaker Abdulla Shahid were not responding to calls at time of press.

No one should meddle with the courts: Supreme Court

In a previous bid, the Supreme Court issued an order quashing the decision of Parliament’s Independent Institutions Oversight Committee to not recognize the legitimacy of the Hulhumale’ Magistrate Court.

Supreme Court in the order stated that while the Maldivian constitutional system broadly entertained the principle of separation of powers, no one power of the state can go beyond the limits set out in the constitution.

“According to articles 5, 6 and 7 of the constitution that came to force on 7 August 2008, the Maldivian constitutional system has explicitly set out that the executive power, legislative power and the judicial power is independent from one another and the boundaries of each power being clearly set out, it is unconstitutional for one power of the state to go beyond its constitutional boundaries as stated in article 8 of the constitution,” read the order.

The Supreme Court also in its order maintained that as per the constitution, the judicial power of the state was the sole constitutional authority in settling legal disputes between the institutions of the state or private parties.

“The judiciary established under the constitution is an independent and impartial institution and that all public institutions shall protect and uphold this independence and impartiality and therefore no institution shall interfere or influence the functioning of the courts,” it added.

Speaking to Minivan News yesterday, Former Foreign Minister and UN Special Rapporteur on Human Rights in Iran Dr Ahmed Shaheed identified the “pathetic state of the judiciary” as one of the key human rights concerns he believed needed to be addressed in the Maldives.

“[The judiciary] is not only corrupt, but also coming under the influence of radical Islam, even to the extent of violating codified laws of the Maldives and clear international obligations,” Dr Shaheed claimed yesterday.

“Disregard for rule of law has also meant that a culture of impunity is deeply entrenched, rendering many of the human rights of the people meaningless.”

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Government agreed to waive taxes for Nexbis, reveals Parliament’s Finance Committee

The Maldivian government agreed to waive taxes for Nexbis as part of the controversial border control agreement signed with the Malaysia-based mobile security provider, parliament’s Finance Committee has revealed.

The People’s Majlis secretariat explained in a statement yesterday (December 11) that the committee has sent a letter to President Dr Mohamed Waheed Hassan Manik noting the findings of an inquiry to determine the possible financial burden on the state due to the Nexbis deal.

“The Finance Committee told the President that the ties and cooperation between state institutions necessary for the border control system was non-existent,” the Majlis press release read.

The Finance Ministry meanwhile informed the public accounts oversight committee on November 13 that it has yet to receive a copy of the border control agreement.

The committee observed that the government had “not considered” that tax exemption was within the legislative powers of parliament.

Moreover, the committee noted that “no government department has to date” initiated any effort to approve waiving taxes for the Malaysian company.

The Finance Committee also informed the President that the relevant government authorities lacked “authentic and valid information” of the border control project.

The committee further noted that the relevant authorities did not offer “adequate cooperation” in providing information for the inquiry.

In a letter to the Finance Committee on November 1, the Immigration Department explained that the border control system agreement was signed before the Business Profit Tax (BPT) came into effect.

However, the government agreed to exempt Nexbis from the tax with a final decision to be made by the Finance Ministry, the Immigration Department said.

Nexbis deal

Speaking at a rally last month, parliament’s Minority Leader MP Abdulla Yameen called on the government to “immediately” terminate the agreement with Nexbis and contended that the project was detrimental to the state.

The parliamentary group leader of the government-aligned Progressive Party of Maldives (PPM) also criticised the government’s “hesitancy” to cancel the agreement despite the Anti-Corruption Commission’s (ACC’s) findings of alleged corruption in the deal.

Local media meanwhile reported that the Finance Committee had decided during a closed-door session last month to instruct the executive to halt the project.

The decision would however have to be approved through a vote on the Majlis floor following consideration of a report by the committee.

In September, the ACC informed the committee that the deal would cost the Maldives MVR 2.5 billion (US$162 million) in potential lost revenue over the lifetime of the contract.

Following its investigation into alleged corruption in awarding of the contract to Nexbis, the ACC requested the Prosecutor General’s Office (PGO) press criminal charges against former Controller of Immigration Ilyas Hussain, brother-in-law of President Waheed.

Almost a year after the case was forwarded to the PGO however, no charges have been pressed against the former immigration chief to date.

The ACC alleged that Ilyas Hussain had abused his authority for undue financial gain.

Ilyas – a senior member of Dr Waheed’s Gaumee Ihtihad Party (GIP) – was transferred from the post under former President Mohamed Nasheed when the corruption allegations first surfaced.

His successor Abdulla Shahid expressed concern with both the cost and necessity of the project, calculating that with continued growth in tourist numbers, Nexbis would be earning US$200 million in revenue over the 20-year lifespan of the agreement.

Following Dr Waheed’s swearing-in as president on February 7, Ilyas was reappointed controller of immigration. He was however replaced in May with Dr Mohamed Ali and appointed State Minister for Defence.

Former President Nasheed meanwhile alleged in a rally last month that Dr Waheed’s GIP’s Deputy Leader Mohamed ‘Nazaki’ Zaki was complicit in any alleged corrupt dealings in his role as Ambassador to Malaysia.

“Before the [border control] system was established, before there was even a contract in effect, I later heard that equipment was kept in some warehouses in Male’,” he said, claiming that the warehouses were owned by Nazaki Zaki.

Nasheed added that he “agreed completely with Yameen” that the allegations should be investigated.

The border control system is now up and running at Ibrahim Nasir International Airport (INIA), after a Supreme Court ruling in September in favour of Nexbis ended almost two years of efforts by the ACC to block the project.

Under the ‘build operate and transfer’ (BOT) agreement with Nexbis, the government is obliged to pay the security firm US$2 for every foreign passenger processed and US$15 for every work permit for the 20 year lifespan of the contract. Nexbis remains responsible for the upgrading, servicing and administration of the system.

Nexbis has continued to dismiss accusations of corruption within its deal with the Maldives government. The mobile security solutions vendor last year threatened to take legal action against any party in the Maldives alleging that the company was involved in corruption. Nexbis claimed at the time that the speculation over corruption in the deal was “politically motivated” and had “wrought irreparable damage to its reputation and brand name.”

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‘Hihvaru’ survivors arrive in Addu City

A Maldives National Defence Force (MNDF) search team yesterday returned to the Maldives with the eight survivors found aboard the boat ‘Hihvaru’, which was lost and later capsized while travelling to Huvadhu Atoll from Male’.  The vessel originally departed with nine men and a child aboard.

However, authorities confirmed Tuesday (December 10) that a foreign national and a 76 year-old male from Rathafandhoo in Gaafu Dhaalu Atoll had died before they could be located by the rescue team.

According to the MNDF, the eight survivors were brought to Addu City and immediately admitted to Hithadhoo Regional Hospital for treatment after arriving yesterday (December 11) at 8:00pm.

The right survivors were said by the MNDF to be in good health upon their arrival in Addu City, with no one critically injured.

Robbery allegations

Local newspaper Sun Online today reported allegations made by the captain of the ‘Hihvaru’ boat that he and his passengers had been robbed of money by the crew of the Sri lankan vessel who first discovered them.

The crew of the Sri Lankan fishing boat were accused of robbing US$120 from the passengers on ‘Hihvaru’, according to ‘Sun’.

According to the MNDF website, the ‘Hihvaru’ set sail from Male’ on November 28 at 7:00pm, heading towards Huvadhu Atoll with 10 passengers aboard, including an 11 year-old boy. The boat was also loaded with goods to be taken to Huvadhu Atoll.  The defence force has confirmed that two of the 10 passengers were Bangladeshi nationals.

The coastguard had begun searching for the vessel with assistance from the Indian government on November 29 after the boat was first declared missing.

The MNDF has said in a statement that a Sri Lankan boat had discovered the eight men hanging from the capsized vessel 290 miles off the island of Dhaandhoo in Gaa Alifu Atoll.

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MMPRC extends deadline for MVR250,000 photography contest

The Maldives Marketing and Public Relations Corporation (MMPRC) has extended the deadline until June 25, 2013 for a competition asking Maldivian photographers to submit unique images to help promote the country as a tourist destination.

The deadline for the ‘Sunny Side in Frames’ photo competition was said to have been extended to allow more local artists time to submit photographs.

Entrants will be competing for one of three cash prizes; MVR20,000 for the third place image, MVR30,00 for the second place contestant and a MVR250,000 reward to be given to the overall winner.

Online registration for the competition can be found here.

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Gayoom may contest 2013 presidential election

Former President Maumoon Abdul Gayoom, interim leader of the Progressive Party of Maldives (PPM), has signalled that he may run for the presidency in 2013.

Gayoom told Indian newspaper The Hindu yesterday (December 11) that he may consider contesting in a presidential election expected in August or September next year.

“Things change very frequently. So I am keeping my options open,” Gayoom was quoted as saying. “[If I run] it won’t be out of my choice, if ever, it will be out of compulsion. Because I feel I have served the country for 30 years and I feel it is up to other people [now].”

Gayoom however insisted that he preferred not to run.

Since its formation in October 2011, the government-aligned PPM has postponed its national congress on three occasions, despite the party’s charter or regulations stipulating that a congress must be held within six months of registration.

The party held its inaugural convention in October 2011.

In October this year, local daily Haveeru reported that that the party cited “political turmoil” as the reason for the delays.

Gayoom meanwhile told The Hindu that the party’s presidential primary will take place in February after the national congress currently scheduled for January 2013.

“Asked if current President Mohamed Waheed stood a chance to be nominated by PPM as its candidate for presidency, Mr Gayoom said that this can only be decided after Dr Waheed joins the PPM,” The Hindu reported.

Former President Mohamed Nasheed – who defeated Gayoom in the 2008 presidential election with 54 percent of the vote to Gayoom’s 45 percent – said at a rally last month that he believed President Waheed will become PPM’s presidential candidate with Gayoom’s backing.

Nasheed alleged that his former vice president held secret consultations with the PPM figurehead before the controversial transfer of presidential power on February 7.

“Dr Waheed has been scheming with President Maumoon for about two years, that I know of,” he said. “Sometimes in an uninhabited island in Baa Atoll, other times in Alivaage [Gayoom’s former residence]. They have been discussing and talking in different places. Anyone who thinks of carrying out a coup d’etat will know that one thing you need for it is a disloyal vice president.”

In August, Waheed told the Hindu during a visit to Sri Lanka that he was “contemplating” running for office in 2013.

“What I have said is that our administration supports the earliest date for Presidential elections allowed under the Constitution. That in my mind will be July, 2013. I am hoping that the election will be at that time,” he was quoted as saying.

In the same month, former President Gayoom publicly welcomed the prospect of Dr Waheed competing in a primary for the party’s ticket.

In May, PPM Deputy Leader Umar Naseer told local media that Dr Waheed could potentially become the party’s presidential candidate. Naseer however claimed earlier that Waheed would not stand for re-election.

Naseer, along with PPM parliamentary group leader and brother of its interim leader, MP Abdulla Yameen, are the only two candidates that have announced their intention to compete in the primary.

Naseer has however said that he would not compete against former President Gayoom.

Dr Waheed meanwhile is currently leader of the GIP, which has no representation in either the People’ Majlis or local councils and just 3,170 registered members, according to the latest figures from the Elections Commission (EC).

By comparison, PPM currently has 17,111 members and is the minority party in parliament. The party has also won ten out of 13 by-elections held since its inception last year.

Speaking at a PPM rally last month, Gayoom urged senior leaders of the party to be mindful of the party’s unity during their campaigns for the upcoming primary.

At a press conference in September 2011, where the formation of the PPM was announced, Gayoom refused to rule out a presidential bid, stressing that he had not made a decision and would do so “when the time comes.”

“My answer is that the time [for a primary] has not come and we’ll know when it does,” he said after being asked repeatedly by reporters if he intended to run again.

On whether his role as leader of the new party contradicted an announcement in February 2010 that he was retiring from active politics, Gayoom said he made the decision based on the assurance that the Dhivehi Rayyithunge Party (DRP) would function “according to certain principles.”

Gayoom left the DRP to form the PPM following an acrimonious split within the DRP and a public spat with his successor and former vice-presidential candidate, DRP Leader and MP for Baa Atoll Kendhoo Ahmed Thasmeen Ali

“At the time and even up till yesterday, I was at the most senior post of one of the largest political parties in the country,” he said. “So how can it be said that the person in the highest post of a political party is not involved in politics? Up till yesterday I was in politics. Today I am forced to create a new party because of the state of the nation and because it has become necessary to find another way for the country.”

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Cabinet proposes government form own company to oversee Male’ airport development

The Maldives cabinet has recommended forming a government-owned company to run Ibrahim Nasir International Airport (INIA) following the state’s decision earlier this month to nationalise the site, voiding the largest ever foreign investment project in the country’s history.

President Dr Mohamed Waheed Hassan was yesterday advised to form Male’ International Airport Ltd to operate INIA after its termination of a concession agreement with India-based GMR to manage and develop the site for 25 years.

According to the President’s Office website, cabinet recommended that Male’ International Airport Ltd be formed with 100 percent government shares, while claiming full authority to operate and develop INIA through a special contract with the Maldives Airports Company Ltd (MACL).

The MACL took over management of the airport from GMR on Saturday (December 8).

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