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Nasheed calls proposed changes to Supreme Court bench unconstitutional

Former President Mohamed Nasheed has called the plans to reduce the number of judges on the Supreme Court bench from seven to five unconstitutional.

While speaking to the press before departing for a Maldivian Democratic Party (MDP) rallys in Haa Dhaalu Atoll, Nasheed accused President Abdulla Yameen of trying to stack the bench in his favor.

“The constitution states the required procedure to bring changes to the bench of the Supreme Court. After extensive legal council we have deliberated that the proposed changes would be unconstitutional,” said Nasheed.

The amendments brought to the parliament by MDP MP Ibrahim ‘Mavota’ Shareef have been rejected by the party after the its national executive council convened and voted that the amendments were against its policies.

Speaking about the amendments, MDP Parliamentary Group Leader Ibrahim ‘Ibu’ Mohamed Solih said Shareef had not consulted the party before he submitted the changes.

However, the ruling Progressive Party of Maldives (PPM) has signaled the party’s support for the amendments with parliamentary group leader Ahmed Nihan said all ruling party MPs would support the proposal and that the PPM would welcome judicial reform.

Presenting the bill to the parliament Shareef said that he believed the number of judges on the apex court was too high for a country the size of the Maldives.

Nasheed had previously said that changing the number of judges on the Supreme Court bench would not amount to judicial reform.

Meanwhile, MDP MP ‘Reeko’ Moosa Manik – who has announced intentions to contest in the MDP’s 2018 presidential primary – appealed for pro-government MPs to cooperate with the party’s efforts to reform the judiciary.

Moosa described the formation of the current Supreme Court bench as a “shameful” political bargain between the MDP and then–opposition parties in 2010.

Nihan praised both Shareef and Moosa and suggested that the number of judges on the apex court was worth considering.

Former President Nasheed also reiterated party concerns with the annual state budget for the upcoming year which the party has previously labelled as aimless and serving only for administrative purposes.

The Supreme Court has recently been involved in numerous controversies both in and out of the court room.

Earlier this year, the Supreme Court used a ‘suo moto’ proceeding – allowing the Court to act as both the plaintiff and the judge – against the Elections Comission (EC).

EC president Fuwad Thowfeek and Vice President Ahmed Fayaz were subsequently charged with contempt of court and disobedience to order, being sentenced to six months in jail after the court used testimony given in the People’s Majlis independent commission’s oversight committee.

More recently, the court employed a similar ‘suo moto’ proceeding against the Human Rights Commission of the Maldives (HRCM) after it criticised the judiciary in its Universal Periodic Review (UPR) for the UN Human Rights Council.

The court charged the HRCM with undermining the constitution and sovereignty of the Maldives by spreading lies about the judiciary.  It said that the UPR submission– based on a 2013 report by the UN Special Rapporteur for Independence of Judges and Lawyers Gabriela Knaul – was “poorly researched”, “irresponsible” and “dangerous”.

Knaul’s report had detailed the pressing need for judicial reform, noting that the five-member transitional Supreme Court had been replaced by a seven-member permanent bench in 2010 with “no legal or constitutional basis”.

June this year also saw Judge Ali Hameed – a sitting judge at the Supreme Court – cleared of a sex tape scandal after three recordings surfaced allegedly showing Ali Hameed engaging in sexual acts with three different woman.

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MDP, JP MPs propose 19 amendments to 2015 budget

Opposition Maldivian Democratic Party (MDP) MPs and Jumhooree Party (JP) MPs submitted 19 amendments at yesterday’s sitting of parliament to the record MVR24.3 billion (US$1.5 billion) state budget for 2015.

Among the MDP’s nine amendments were scrapping plans to impose a 10 percent import duty on staple foodstuff and oil and allocating MVR100 million (US$6.4 million) and MVR75 million (US$4.8 million) respectively to provide subsidies for fishermen and farmers.

Other proposals included adding persons with disabilities and single parents as categories eligible for government subsidies to the poor and requiring the finance ministry to submit quarterly reports to parliament every three months concerning the implementation of the budget.

The minority party has issued a three-line whip for its MPs to vote against the budget if none of the proposed revisions are passed.

The JP’s 10 amendments meanwhile included providing MVR50 million (US$3.2 million) in subsidies to fishermen and MVR40 million (US$2.5 million) to farmers, ensuring sufficient funds for local councils and allocating MVR5 million (US$324,254) out of the contingency budget for local NGOs that provide education and training to persons with special needs.

The party also proposed conducting a survey to determine discrepancies in salary and allowances among state employees.

The 19 amendments were proposed after Progressive Party of Maldives (PPM) MP Ahmed Nihan – chair of the budget review committee – presented a report prepared by the committee following its review process

While the committee had passed the budgetlast week without significant changes to revenue or expenditure, pro-government MPs proposed a number of recommendations to reduce recurrent expenditure.

However, amendments proposed by MDP and JP MPs during the budget review process did not pass at the committee.

Reflecting its combined 48-seat majority in the 85-member house, PPM and coalition partner Maldives Development Alliance MPs held a voting majority on the committee.

During yesterday’s debate on the budget committee report, JP Leader Gasim Ibrahim warned that introducing new taxes could damage the economy and the tourism industry.

The business tycoon claimed that Seychelles and Mauritius “went bankrupt” when tourists stopped visiting due to excessive taxation.

Occupancy rates at Maldivian resorts declined in November as a result of imposing the reintroduced US$8 bed tax along with a 12 percent Tourism Goods and Services Tax (T-GST), Gasim contended.

Industry insiders recently told Minivan News that the high-end resorts would struggle to deal with any additional taxation following the recent rise of T-GST.

According to the Maldives Monetary Authority’s monthly economic review for October, however, the occupancy rate during the month remained unchanged at 81 percent compared to the same period last year.

In October 2014, total bednights rose marginally in annual terms while the average duration of stay decreased slightly and stood at 6.0 days,” the central bank noted.

Gasim meanwhile said the JP would vote for the budget despite misgivings, which included lack of funds for establishing pre-schools and insufficient funds allocated for independent institutions and the judiciary.

Adjourning yesterday’s sitting, Speaker Abdulla Maseeh Mohamed announced that the amendments would be put to a vote next Tuesday ahead of a final vote on the 2015 budget.

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Rare sightings expected at second Whale Shark Festival

Gangehi island resort in Alif Alif Atoll welcomed an unusual tourist this week, as a baby whale shark was temporarily accommodated before being released in the same spot it had been caught by fishermen earlier in the day.

The 1.5ft shark – named ‘Noomaa’ or Blue Flower by its hosts – was hailed by marine experts as “extremely rare” and a sign that there may have been a change in breeding cycles.

“The sighting of a neonate [newborn] whale shark in the Maldives is hugely exciting because of how rare such encounters are – there has only been a handful of neonate encounters recorded globally,” said Richard Rees, director of the Maldives Whale Shark Research Programme (MWSRP).

But whether Noomaa – who could grow up to 12 metres long, and weigh up to 21 tonnes – will be seen again remains a mystery, explained Rees, as little is known about the animals behaviour and breeding patterns.

However, guaranteed sightings of the species can be expected further south in Alif Dhaalu Dhangethi this weekend when three of the gentle giants – the largest known fish species – will swim through the streets.

The model sharks – designed and created by the local artists – will be joined by a giant green turtle, butterfly fish, and a manta ray as part of the second annual Maldives Whale Shark Festival.

Organised by the MWSRP, the festival represents the culmination of five months of community engagement which has produced artwork celebrating the atoll’s marine diversity.

Started as a scientific expedition in 2006, MWSRP has grown to become the only long-­term organisation dedicated to study the iconic, yet vulnerable whale shark species in the Maldives.

Since that time, the programme has logged over 1,500 encounters with whale sharks as well as helping to establish the world’s first training manual to educate industry stakeholders on sustainable whale shark tourism.

A proliferation of boat strike incidents in the increasingly crowded Alif Dhaalu atoll demonstrates the need to protect the creatures as they play an increasing role in the tourism industry.

“The community needs to be invested in the preservation of this iconic fish.  It’s essential that there is a good level of awareness as to the value of the whale shark to South Ari atoll and the country as a whole,” explained Rees.

“That’s what this festival is all about, raising awareness in a creative and fun way. Everyone who values the whale shark and it’s habitat, coming together and celebrating the largest fish on the planet and its significance to them and their region.”

A core part of the programme’s attempts to advance the field of whale shark knowledge while advocating for sound conservation policies involves encouraging community and industry stakeholder participation.

“This is  just  the  beginning – we  plan on putting  the  festival  on the cultural calendar for the Maldives, bringing people from across the country and the world together to celebrate the rich marine and cultural diversity of the archipelago,” explained Festival Director Chloe Osborne.

The Maldives is unique as the only place known to have year-round whale shark populations, which have been protected under Maldivian law since 1996, and are classified as vulnerable by the International Union for Conservation of Nature (IUCN) – also a partner in Saturday’s festival.

This weekends efforts will help in the continued endeavour to uncover the answers to many of questions that remain about the lives of these ocean giants.

“The whale shark is a particularly challenging creature to research because of the amount of time it spends at depth and far out to sea. But anything we can learn helps us to make decisions about how to protect it,” said Rees.

Indeed, Noomaa’s surprise visit to Gangehi resort this week has raised more questions than it has answered – including whether he has headed south to attend this weekend’s festival.

While it could be surmised from Noomaa’s appearance that the Maldives must be a pupping site for whale sharks, Rees noted that it was also possible that he was swept into the archipalego by ocean currents and perhaps chased into shallow waters by predators.

“Truth be told no one really knows where whale sharks breed but it’s thought that it occurs deep down and far out to sea.”

“We hope that like many of the individual whale sharks we see Noomaa becomes a regular visitor to Ari atoll.”

The Maldives Whale Shark Festival carnival will take place in Alif Dhaalu Dhangethi this Saturday (December 6) at 1pm.


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HRCM urges state to address needs of disabled, government launches programmes to improve services

The Human Rights Commission of the Maldives (HRCM) has urged the government and relevant authorities to fully address the needs of persons with disabilities.

“Disabled persons in the Maldives are not usually provided equal opportunities in education, health care and at communal interactions,” read the statement marking International Day of Persons with Disabilities.

The HRCM noted that, despite the skills and resourcefulness of disabled persons, they are not provided with adequate opportunities and are often excluded by the community.

President Abdulla Yameen attended the official function marking the occasion today, with the first lady launching schemes to improve access to medical services and travel for disabled persons.

Today is the twelfth celebration of the international day, which seeks to promote understanding of disability issues and garnering support for affected persons through campaigns and support grants.

The theme for this year is ‘The Promise of technology’, with a focus on assisting the disabled with disaster risk reduction systems, creating enabling work environments, and addressing disability within future development goals.

While speaking at the  ceremony held this morning, Attorney General Mohamed Anil told local media that there were many rights which still needed to be provided for disabled Maldivians.

Anil noted that insufficient thought was going into the construction 0f disability-friendly buildings, adding that service provision was not addressing the needs of the disabled, resulting in “decreased participation and interaction of disabled persons within the community”.

First Lady Madam Fathimath Ibrahim launched the ‎medical and travel concessionary card for persons with disabilities, as well as ‎inaugurating the special discount programme ‘Dharumaverivaashe’.

The ‘Eheetheriya’ programme was also introduced by the national airline, making persons with ‎disability eligible to  a 15 percent discount when purchasing tickets ‎from the airline.‎ The Airports Ferry Operators Association announced last month that it would provide free services for the disabled between Malé and Hulhulé.

Today’s ceremony also saw the assignment of three disability rights goodwill ambassadors – Kaashidhoo MP Faisal Naeem, former Deputy Health Minister Fathimath Afiya, and disability rights activist and National Award winner Ahmed Hishan.

President Yameen also handed employment contracts with state-owned companies to ten people with disabilities.

The Maldives Association for Physical Disabilities (MAPD) observed the occasion today with a walk in the capital Malé, as well the launch of a programme aiming to provide equal and competitive sporting opportunities for disabled youth.

A baseline study conducted by the HRCM in 2010 stated that 8.1 percent of the population suffers from a temporary or permanent disability with most commonly reported disabilities being hearing impairments, speech impairments, and mental illnesses.

Maldives signed the Convention on the Rights of Persons with Disabilities (CRPD) in October 2007, the purpose of which is to “promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.”

The Ministry of Law and Gender announced earlier this year that the government would turn Guraidhoo’s Home for Special Needs – currently the only such facility in the country – into mental health institute, providing separate facilities for the elderly, the disabled, and the psychiatric patients who currently reside there.

Additionally, Adhaalath Party MP Anara Naeem submitted an amendment to the Disability Act to raise the monthly allowance provided to persons with special needs to MVR5,000 (US$324) in order to enable medical treatment overseas.


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Maldives omitted from Corruption Perceptions Index for third year

The Maldives has been omitted from Transparency International’s Corruption Perceptions Index (CPI) for the third successive year.

“The Maldives fell a dramatic 57 places since it first appeared in the CPI between 2008 and 2011. Since then, there have been no positive systemic changes to the governance system,” explained Transparency Maldives (TM) Advocacy and Communications Manager Aiman Rasheed.

“The Maldives scored a lowly 2.5 on a scale of 0-10 – 10 being least corrupt and 0 most corrupt – in 2011. There have been no developments to suggest that the situation may have improved this year even if Maldives were to appear in the index,” he added.

In order to be included in the index, Transparency International must collect data from a minimum of three expert sources – usually from international organisations with expertise in governance of business climate analysis.

The widely used indicator of corruption again ranked Denmark as the country with the least perceived corruption problems out of 175 states in this year’s index.

Somalia and North Korea were ranked bottom for the second consecutive year.

After appearing in the CPI – published every year since 1995 – for the first time in 2007, the Maldives appeared in the index until 2011, when a ranking of 134th prompted TM to describe the country’s “grand scale” corruption as “systemic”.

Potential sources for the study this year included the World Bank, the IMD World Competitiveness Center, Freedom House, the Economist Intelligence Unit, and the Bertelsmann Foundation.

TM’s Aiman Rasheed noted that the interaction between source and government institutions was crucial, with data only being provided from two sources in recent years.

TM’s own Global Corruption Barometer Survey – released shortly after the release of the 2013 CPI – found that 83 percent of people questioned felt corruption had increased or stayed the same during the past two years.

The survey of 1,002 people – randomly selected and interviewed by telephone – showed respondents to perceive the People’s Majlis and political parties to be the country’s most corrupt organisations.

The Maldives National Defence Force (MNDF) – perceived as  ‘extremely corrupt’ by 34 percent of respondents – immediately labelled the results of survey a “baseless” attack on its reputation, calling on local media not to publish such information.

A recent high profile case of alleged corruption involved the misappropriation of US$6 million in a deal involving tourism minister Ahmed Adeeb.

The minister – also deputy leader of the ruling Progressive Party of Maldives (PPM) – dismissed evidence published by the auditor general as politically motivated. PPM sponsored amendments to the Audit Act have subsequently resulted in the replacement of Niyaz Ibrahim as auditor general.

Audit reports released this year – concerning the financial years 2011 and 2012 – showed financial transactions worth MVR2.2 billion (US$142 million) had been conducted illegally by state institutions and corporations.

Niyaz told state television, however, that releasing audit reports had become “futile” as the accountability process had so far failed.

Evidence of a crisis of confidence in public institutions, revealed in a 2013 democracy survey, was bolstered by a recent International Foundation for Electoral Systems study which found that one in three Maldivians were offered bribes for their votes or witnessed vote buying in the March 2014 parliamentary polls.

The recently introduced Special Economic Zones Act – promising relaxed regulations for large foreign investments – has been criticised by the opposition Maldivian Democratic Party as paving the way for corruption. Both the Maldives Monetary Authority governor and the IMF have noted the importance of transparency in the regulation of the zones.


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President ratifies amendments to Clemency Act, Human Rights Commission Act

President Abdulla Yameen yesterday ratified amendments passed by parliament to the Clemency Act and Human Rights Commission of Maldives (HRCM) Act last month.

Amendments submitted on behalf of the government to the HRCM Act were among a number of bills drafted by the Attorney General’s Office to bring outdated laws in line with the Constitution adopted in August 2008.

The amendments confer powers to the HRCM to either suspend employees of state institutions for two weeks for not complying with the commission’s orders, or to impose a fine of between MVR3,000 (US$195) and MVR25,000 (US$1,621) for non-compliance.

Amendments submitted by Progressive Party of Maldives (PPM) MP Ahmed Thoriq to the Clemency Act meanwhile state that convicts would be eligible for presidential pardon or reduction of sentences after serving one-quarter of a jail term. The period is currently one-third of a sentence.

Moreover, persons convicted of drug trafficking involving less than 14 grams would also be eligible for pardon or commuting of sentences.

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President Yameen’s brother appointed deputy controller of immigration

President Abdulla Yameen has appointed his younger brother Abdulla Algeen Abdul Gayoom deputy controller at the department of immigration and emigration.

According to local media, Algeen assumed the responsibilities of the post yesterday.

In August 2012, Algeen was acquitted of corruption charges more than three years after his trial began.

Algeen was accused of embezzling US$177,460 of Japanese funding from the Department of Meteorology (DOM), where he was the director during former President Maumoon Abdul Gayoom’s administration.

Algeen allegedly sent three separate invoices to the Japan Agency for Marine-Earth Science and Technology (JAMSTEC) between May 2006 and April 2007 on behalf of DOM.

All three invoices demanded payment to Algeen’s personal Bank of Maldives account.

However, in the not guilty verdict (Dhivehi), Judge Abdulla Didi determined that the state could not prove the money in question was owed by JAMSTEC to the government.

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Majlis approves president’s nominees to Elections Commission

The People’s Majlis today approved two nominees of President Abdulla Yameen for vacant seats on the Elections Commission (EC).

Mohamed Shakeel and Ahmed Sulaiman were approved with 54 votes in favour and 16  against.

The pair were subsequently sworn in and presented letters of appointment at a ceremony this afternoon at the President’s Office.

Despite being presented with three nominees last month, the Majlis only approved Amjad Musthafa, leaving the five-seat commission with just two members following the expiry of Mohamed Farooq and Ali Mohamed Manik’s five-year terms.

The five-member commission that oversaw last year’s presidential election was reduced to four after Ibrahim ‘Ogaru’ Waheed resigned for health reasons during the poll.

The commission was further reduced in February this year, with the Supreme Court removing Chair Fuwad Thowfeek and Deputy Chair Ahmed Fayaz.

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Islamic minister dismisses rumour of President Yameen not performing Hajj

Minister of Islamic Affairs Dr Mohamed Shaheem Ali Saeed has dismissed rumours of President Abdulla Yameen not performing the Hajj pilgrimage despite traveling to Saudi Arabia in September.

Asked to address the speculation during minister’s question time at yesterday’s sitting of parliament by opposition Maldivian Democratic Party (MDP) MP Ibrahim Shareef, Shaheem suggested the rumours were being spread by former President Mohamed Nasheed, who he said was unable to make the pilgrimage while in office.

“The president of the Maldives made the Hajj [pilgrimage]. As you know, he was supposed to go the UN assembly but went to Hajj after cancelling it,” he said.

He claimed that former President Nasheed declined an opportunity to perform the pilgrimage during his tenure and had sent the first lady instead.

Shaheem was state minister for Islamic affairs under the Nasheed administration.

Nasheed’s remarks concerning President Yameen’s Hajj pilgrimage “opens the door for others to talk further about the things they have done,” Shaheem said.

“So I think it would be better to stay quiet without going around talking about such personal matters,” he said.

In an interview with Minivan Radio last week, Nasheed repeated calls for President Yameen to publicly address speculation concerning the trip to Saudi Arabia and his health.

The opposition leader referred to former President Mohamed Ameen informing the public about his health in a letter sent from Sri Lanka to the Maldivian parliament.

Nasheed claimed that according to close associates President Yameen was unable to perform rituals at Arafat due to poor health.

He implied that the source of the rumours was government-aligned Maldives Development Alliance (MDA) Leader Ahmed Siyam Mohamed, who accompanied the president to Saudi Arabia.

The public deserved to know the truth about the president’s health as speculation creates fear and doubt, he added.

Following numerous unofficial trips to Singapore by President Yameen this year, President’s Office Spokesperson Ibrahim Muaz Ali denied rumours that the president underwent brain surgery in Singapore.

“Rumours being spread about the president’s health are false,” he tweeted on October 23.

Nasheed meanwhile contended that President Yameen was ruling “in absentia” or away from the public eye.

If the president is “incapacitated” and could not execute the duties of his office, Nasheed said the Constitution requires the vice president to assume the president’s powers.

In late October, an anonymous senior government told newspaper Haveeru that the MDP were using areca palm trees planted in Malé by the city council for black magic to curse President Yameen with ill health.

A close associate of President Yameen told the newspaper that the president did not seek treatment for a brain tumour.

Instead, the associate claimed, the president sought treatment for infections caught during his Hajj pilgrimage and had to be admitted at a Singapore hospital.

The anonymous government official said the president’s close associates believe that black magic or sorcery using the palm trees were responsible for the president’s ill health.

“[They] believe that [President Yameen’s] health worsens with every palm frond that falls off the areca palm trees. And that his health would worsen further with every tree that blossoms,” the anonymous official was quoted as saying.


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