High Court overrules Civil Court injunction ordering JSC to halt appointment process

The High Court has overruled a Civil Court injunction issued on September 8 ordering the Judicial Service Commission (JSC) to halt its appointment of judges to superior courts pending a ruling on the constitutionality of the process.

The temporary injunction was appealed by the JSC at the High Court, which ruled today that the Civil Court did not have jurisdiction to rule on the constitutionality of laws and regulations.

A group of lawyers had filed a case at the Civil Court contesting that regulations drafted by the JSC – containing evaluation criteria for selecting judges to superior courts – conflicted with both the constitution and the Judges Act. The lawyers requested the court abolish the regulations and declare the commission’s shortlist void.

The final interviews of 17 shortlisted candidates were due to place on September 10, two days before the injunction or staying order was delivered.

In its verdict today, the  three-judge panel unanimously ruled that the Civil Court did not have jurisdiction to hear the case, citing article 143 of the constitution as well as provisions of the Judicature Act.

Briefing press after filing the case at Civil Court, lawyers Ali Hussein and Ismail Visham argued that the evaluation criteria formulated by the JSC unfairly favoured graduates of the College of Islamic Education (Kulliya).

Ali Hussein explained that under the regulations drafted by the JSC, a candidate with a masters degree and a graduate of Kulliya both receive 25 marks for educational qualification.

“We are saying this is not fair,” he said. “We especially note that the Faculty of Sharia and Law teaches shariah subjects to the same extent as Kulliya [Islamic College], but graduates of the faculty receive 20 marks while students from Kulliya receive 25 marks.”

Kulliya graduates also received higher marks than graduates of the Islamic University of Malaysia, he said.

The lawyers also claimed that two shortlisted candidates had close ties – as a spouse and a business partner – with two members of the commission, suggesting a clear conflict of interest as neither had recused themselves from voting in the JSC panel.

Moreover, the lawyers observed that the JSC criteria also conflicted with the academic rankings of the Maldives Qualification Authority (MQA), formerly the accreditation board, which places Kulliya certificates below those of overseas institutions.

Following today’s ruling, the lawyers are preparing to file their case at the High Court.

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Islamic Minister resigns from chairmanship of Adhaalath Party’s Religious Council

A day after he was asked by the Adhaalath Party to resign from the position of Islamic Minister, Dr Abdul Majeed Abdul Bari has resigned from the chairmanship of the party’s Religious Council.

In a statement issued on the party’s official website, Adhaalath said that the resignation letter was today sent to the party’s President Sheikh Imran Abdulla.

The statement mentioned no further information about his resignation or what was in the letter.

The Adhaalath Party decided this week to break off its coalition agreement with the ruling Maldivian Democratic Party (MDP), after the party’s consultation council voted 32 to 2 to approve a resolution to leave the government.

Dr Bari and current State Minister for Islamic Affairs Sheikh Hussein Rasheed Ahmed are both appointed to the government under the coalition agreement.

Along with Dr Bari,  Sheikh Hussain Rasheed, who was the former President of the party, was also asked by Adhaalath to resign, but replied he was under no obligation to do so.

Former State Islamic Minister Sheikh Mohamed Shaheem Ali Saeed, who earlier resigned from the government after expressing unhappiness with the current government’s religious policy, today told Minivan News that Dr Bari’s resignation was not an issue and that he would not comment on the matter.

Dr Bari and Sheikh Imran did not respond to Minivan News at time of press.

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Police bust cash card fraud network in joint operation with Sri Lanka

Police have busted a cash card fraud network reported to have stolen more than Rf700,000 (US$45,000) in expensive luxury items through the use of forged cards.

Police have arrested and identified five Maldivians in the network as Abdul Gany Abdul Majeed, 30, Thoriq Jameel, 30, Abdulla Akram, 22, Nadheem Masoodh 32, Ali Ahmed 28.

Speaking to the press today at police headquarters, Inspector Mohamed Riyaz said that Abdul Gany and Thoriq were arrested inside a casino in Sri Lanka in a joint operation conducted with the Lankan Police.

The two arrested in Sri Lanka had VIP cards for the casino they were arrested inside, noted Riyaz, adding that Gany was arrested in possession of Rf 4845, Sri Lankan Rupees 250,090 and US$5128, while Thoriq was arrested with 31,580 Srilankan Rupees and US$500 in his pockets.

Riyaz said Ali Ahmed was arrested at Male’ International Airport when he arrived in the Maldives from India on September 20.

He added that some of the credit and debit cards they had forged were made to resemble membership cards for certain venues and were hard to identify with a cursory glance.

Thorig, a shareholder of a famous movie shop ‘Club Infinity’, had membership cards of the shop which was actually a debit and credit card, Riyaz told the press.

Riyaz said some of the cards were made in the name of customers of banks in New Zealand, Canada, Australia, China and France – cards that appeared in the form of Maldivian cash cards but had the data of foreign banks’ customers encoded to them.

Police confiscated the electronic machines used to conduct the fraud, which the police said had the ability to obtain all information of any magnetic card and edit the information.

Police believe they might have used the cards and bought products from other countries as well, and said that they may have connection to a foreign network.

Police have been investigating the fraud network for six months, Riyaz noted.

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Comment: The mixed story of the rise of Islamism in the Maldives

One of the many lessons of the Canadian philosopher Charles Taylor’s magisterial book, A Secular Age, is how religion continues to exist and continues to be relevant.

The relevance is not only limited to religion’s potential for creating identity and meaning in life.

Religion’s relevance also lies in the moral and epistemological limitations of the virulent forms of atheistic exclusive humanism and hardcore naturalistic ‘science’ that Richard Dawkins, Ayaan Hirsi Ali, and their ilk seem to be promoting.

Religion’s potential for solidarity and taking the cause of justice and vulnerable forms of life, is as relevant as ever.

Its potential for an ultimate explanation against an unfounded scientific reductionism cannot be blindly and arrogantly dismissed.

Rise of Islamism and electoral democracy

During the last seven or so years, coinciding with (or in response to) democratisation, the most spectacular religious phenomenon in the Maldives is the rise of Islamism. At least twelve Islamic/Islamist NGOs were registered between 2004-2010. Prior to 2004, there were no more than three organisations with the specific goal of religion.

But re-Islamisation led by Islamism itself should not be taken as alarming for at least ‘electoral democracy’.

If popular participation in politics can be an indication of support for democracy, the voter turnout in February 2011’s local elections stood at around 70%, which is comparable to past turnouts for parliamentary elections. Equally important, Islamist Adalath Party fared quite badly in all three elections since 2008.

However, re-Islamisation seems to have had, and will continue to have, mixed results for the society and politics.

Questioning religion

As late as the mid-1970s, ethnographic research in the Maldives could conclude that Islam of the people was largely limited to ‘washing, praying and fasting’.

What this means can best be contrasted by describing what James Piscatori and Eickelman call ‘objectification of Muslim consciousness’. They explain that this is ‘the process whereby basic questions come to the fore in the consciousness of large numbers of believers’.

This process has become a salient feature of all Muslim societies. Similarly, this growing objectification of consciousness, largely over the past decade, became the most important religious development in the Maldives. Its main feature includes fragmentation and pluralization of religious discourses.

For sociologists like Jose Casanova this could ultimately mean an Islamic aggiornamento, or a sort of reform that took place in the Second Vatican when Catholicism finally endorsed democracy and human rights in the 1970s. But should we be so optimistic?

Judging from data and people’s comments, often here on Minivan News, it would be hard for some of us in the Maldives to see any positives from objectification of our religious consciousness.

Indeed, in the Maldives what we have seen is a sort of reflexive re-Islamisation: through responding to the terms of alternative discourses (e.g. democracy and human rights) and processes of global modernity, the society seems to be undergoing a new re-traditionalization.

Mixed Results of Islamism

We could observe two parallel processes led by Islamism in the Maldives. It seems to be a striking reversal of what had happened since the 1970s.

First, there is an attempt at de-secularising the actual community. The most obvious example is public piety such as the Muslim veil.

But there is also an attempt at re-Islamising the functional spheres like the economy. Islamic banking or riba-free business is a case in point.

Call for re-Islamising the national curriculum, call against music and entertainment, and rise in ‘creationism’ pseudo-science, are important examples too.

Perhaps a more important example is greater de-privatisation of religion: Islamist organizations and Islamist media outlets have proliferated in the public sphere. Their influence in the political society and the state has increased (e.g., a religious ministry led by Islamists).

But here is the other side of the picture. Islamist attempts at ‘rationalisation’ and ‘objectification’, or in short ‘purification’ of the society, seem to have mixed results for the dominant national consciousness.

The powerful motif of a ‘100% Muslim nation’ may no longer serve as a taken-for-granted, internalised background. It may no longer be a largely unconscious sacralised background understanding of the nation.

The signs of this change could already be seen from the increased sarcastic deployment of ‘sattain satta muslim qaum’ (e.g., ‘are we really a 100% Muslim nation?’), especially by Islamists to decry the alleged failure of officials to make the society ‘Islamic enough’.

If this is so, there is not only de-secularisation. There is a sort of ‘secularisation’ taking place too. This is a secularisation of the imagined community, of the taken-for-granted national consciousness. Ironically, reflexive re-Islamisation is driving this secularisation.

Now, why does this matter? Here is one reason why it matters.

Freedom of religion

This sort of secularisation of the national consciousness seems to be a condition of effective religious liberty. Even if political secularism was to be enshrined in the Constitution, freedom of religion might not be effective without this sort of secularisation of the ‘imagined community’.

The poignant suicide of a young man, possibly because he felt he betrayed his ‘comrades-in-identity’ (i.e. the rest of us Muslims) is a case in point. His desperate email is telling: ‘Maldivians are proud of their religious homogeneity and I am learning the hard way that there is no place for non-Muslim Maldivians in this society.’

One cannot only legally be non-Muslim; but more importantly such a person may be dismissed as unworthy. If this is so, political secularism itself may not be a sufficient condition of liberty without secularisation now seemingly driven by reflexive re-Islamisation. (Here then is also a lesson for the arrogant global (i.e. the US) project of bringing freedom of religion to the world.)

Awareness of the Other

If the above interpretation is correct, we could increasingly experience these phenomena:

i) Through objectification of the taken-for-granted national consciousness, an increased awareness of the existence of some fellow Maldivians with different worldviews and faiths.

ii) Through a process of de-secularisation of the actual community, intense reflexive and political bulwarks (especially by Islamists) against this cross-pressured awareness.

I think both of these things are taking place.

Political Reconciliation of the Cross-Pressure

How we finally politically reconcile this awareness is the ultimate condition of the possibility or impossibility for democracy – and therefore equality, liberty, fraternity – in this over two-millennia-old country.

This is not a place for advocacy. But for this political reconciliation, a necessary, but not sufficient, condition is a dose of humility from the full political and social spectrum.

As a colleague at the government once pointed out, as a first step, the government needs to get over with its ‘hubris’ of going it alone.

Azim Zahir has a BA in Philosophy and Politics and is completing his MA degree at the University of Sydney.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Transport vehicles need renewable energy plan: Blue Peace

“Solar power is not the only source, and it is not enough. We have to pursue other sources as well,” said BluePeace founder Ali Rilwan about the Maldives’ recently proposed mission to cut emissions by 60 percent, using solar energy primarily.

The government’s plan was approved by the Cabinet last month, and a recent proposal from the Renewable Energy Investment Office (REIO) was submitted for crowdsourcing on the internet last week.

Rilwan called the mission admirable but incomplete. “Proposals have been made, but we haven’t seen anything in the Maldives in years,” he said. According to Rilwan, the Maldives is overlooking one of the most significant energy-consuming functions in the country: water transport.

Over 25 percent of the Maldives’ GDP is spent on diesel used for boats.

“Wetlands and vegetation absorb carbon dioxide, and the oceans are being affected by boats’ daily diesel use. But nobody has studied the specifics of carbon sinking, to calculate that 60 percent emissions reduction we need to evaluate how much needs to be done,” he elaborated. “We don’t know, we might be carbon neutral already.”

When diesel was first introduced to boats in the Maldives in the 1970s, law required that sails be kept on boats, said Rilwan. Not only was this method energy efficient, it also had cultural value.

“The sail wasn’t just carbon-neutral, it was a cultural tradition. We also used to have sailing competitions as part of our tradition. But now the sails are no longer required, although you’d think they would be a good idea for a tourist destination like the Maldives.”

Rilwan said the Ministry for Human Resources and Sports last year supported a “not so carbon friendly” motorcycle competition last year, allegedly on Hulhumale.

In January 2010, the Maldives joined 137 countries in signing the Copenhagen Accord declaring their intention to go carbon neutral by 2020. The document is not legally binding but it recognises climate change as a leading issue worldwide.

A government official said the Maldives has since focused on decarbonising the electricity sector, which accounts for over 31 percent of industrial project expenses.

Decarbonising the Maldives over the next 10 years is expected to cost the Maldives US$3-5 million.

Earlier this week, the Maldives signed the Renewable Energy through Feed-In Tariff.

The tariff is expected to reduce electricity costs by promoting a shift from oil fuel to renewable energy sources.

Rilwan praised the government’s “political will and efforts to negotiate” renewable energy in the Maldives. But he said investment in renewable energy was expensive, and that the Maldives lacks expertise.

REIO’s crowdsourcing initiative aims to improve that shortfall.

“While we are working now on the initial production planning and development we will also be looking to use local and international expertise to develop storage capacity,” said Minister for Economic Development Mahmoud Razee.

The initial plan, which is up for debate on an on-line forum, does not account for night time energy and energy storage due to its high cost. A government official said today that limiting use of solar energy to the daytime would still reduce costs significantly. Meanwhile, storage costs are expected to drop to an affordable rate in the next five to ten years.

The official added that plans addressing land transport vehicles’ energy emissions will be announced in the coming months. He noted that not only are electricity-based motorcycles and cars affordable, but Male’s small size negates the concern of going too far from a recharge station.

Although water transport energy reductions have not yet been addressed at the government level, Renewable Energy Maldives (REM) Director Hudah Ahmed said today that the company will soon be testing one of the first hybrid dhonis.

“Solar power is a viable option for the Maldives,” said Ahmed. “But we always say that energy efficiency comes before renewable energy. Consider how to do the best with what you have and what you need before you try to reinvent the system with a whole new resource.”

The REM hybrid dhoni uses a converter, and could reduce diesel consumption by 30 percent. Ahmed said the big idea is to replace current ferries and fishing boats with hybrid dhonis.

Ahmed suggested the Maldives investigate ocean thermal energy conversation (OTEC), a method of generating energy from the temperature differences between deep and shallow waters. “It isn’t commercial yet, but REM says it shouldn’t be ruled out. I think there are some areas in this country where OTEC could be useful,” said Ahmed.

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Man arrested with 83 packets of illegal drugs

Police have arrested a man with 83 packets of suspected narcotics in a special operation conducted on Addu City.

Police reported that the man arrested was 30 year old.

According to police 11 packets were found with him and the rest of the packets were found inside his room.

Gan police station is investigating the case, police reported.

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Villa air to commence domestic flights next Saturday

Media have reported that Villa Air will commence domestic flights to Male’-Maamigili and Maamigili-Male’ next Saturday.

Until next year, the flights will operate from Male’ to Maamigili in South Ari Atoll and Maamigli to Male’ and next year the company is planning to operate flights to Laamu Atoll and Haa Dhaalu Atoll.

Villa is owned by Jumhoory Party leader and MP ‘Burma’ Gasim Ibrahim and Maamigili is his motherland.

The airport in Maamigili was constructed by Villa.

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State Islamic Minister dismisses party’s demand he resign

State Islamic Minister and former President of the Adhaalath Party, Sheikh Hussain Rasheed Ahmed, has dismissed demands from the party’s council that he resign.

“You will know very well that I did not accept this position with the consent or with an approval of the consultation council, and therefore I do believe that there is a policy that allows the council to ask me to resign,” State Minister for Islamic Affairs Sheikh Hussain told the current President of the Adhaalath Sheikh Imran Abdulla, in a letter he send yesterday in response to the one demanding his resignation.

The Adhaalath Party decided this week to break off its coalition agreement with the ruling Maldivian Democratic Party (MDP), after the party’s consultation council voted 32 to 2 to approve a resolution to leave the government.

In the letter Sheikh Hussein said that normally when a coalition agreement is terminated, the President withdraws the positions shared with the party, and President himself would ask the members of that political party to resign from their positions.

“Every citizen has a national responsibility, and the only time he should stop fulfilling those responsibilities are when they are inconsistent with the principles of Islam,” he told the Adhaalath Party president in the letter.

He said that the greatest responsibility of a citizen was to serve the nation and to carry on the duties the he was assigned, adding that the work he was doing “fulfills both a religious and national duty.”

Following in the footsteps of now-opposition Dhivehi Qaumee Party (DQP) and the Jumhooree Party (JP), Adhaalath is the third major party of the ‘Watan Edhey’ coalition – formed to rally against former President Maumoon Abdul Gayoom in the second round run-off of the 2008 presidential election – to leave the MDP-led coalition.

Sheikh Imran last night told Villa TV (VTV) that he had asked Islamic Minister Dr Abdul Majeed Abdul Bari and the State Islamic Minister to resign following the party’s split with the government.

Meanwhile, MDP Chairperson and MP ‘Reeko’ Moosa Manik said the MDP regrets the Adhaalath Party’s decision to leave “like a husband regrets for a while when a stubborn wife leaves him.”

Islamic Minister Dr Bari has not said anything on the matter. The media today reported that he had departed to Haa Alifu Atoll with the President.

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Richard Branson, Edward Norton to speak at Soneva Fushi symposium

Billionaire Sir Richard Branson and American actor Edward Norton are among global environment leaders set to speak at the Six Senses Slow Life symposium at Soneva Fushi resort.

Apart from keynote speaker President Mohamed Nasheed, other speakers at the event include Jonathan Porrit from Forum for the Future and Tim Smit of the Eden Project.

The third annual environment conference is due to place from October 6 to 9 and will “bring together the leading minds in the fields of business, sustainability and environmental issues with globally-influential policy-makers and heads of state,” according to a press release from Six Senses.

“Sir Richard has been invited to talk about the challenge of a changing environment to his business portfolio. He will discuss the need for the Virgin empire to evolve rapidly to meet these changes and the steps he is already taking in his businesses and through organisations like the Carbon War Room,” it reads. “Sir Richard will be discussing alternative fuel sources and new technologies to power Virgin’s fleet of trains and aircrafts and how we need to adapt our buildings to meet the challenges of rising fossil fuel prices and to stem carbon emissions.

“Edward Norton will discuss the benefits that the tourism industry can bring to local eco-systems, wildlife and communities.  He will take examples from large wildlife reserves that might otherwise be developed as mines or farms and the mutual benefit of supporting communities to protect their local environment.”

Sonu Shivdasani, chairman and CEO of Six Senses Resorts and Spas, meanwhile noted that the the tourism industry did not have a “road map to decarbonise.”

“It is our ambition to provide that roadmap for the industry and the SLOW LIFE Symposium is a key part of our mission to achieve that goal,” he said.

“In its third year, the Symposium continues to bring together the finest minds in the world to develop practical and inspiring solutions to how we can reduce our impact on our fragile ecosystems.”

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