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55 Thinadhoo arson suspects detained until end of trial

Fifty-five of the eighty-nine individuals facing terrorism charges in relations to violence in Gaafu Dhaalu Thinadhoo on February 8, 2012, have been detained until the end of the trial.

Criminal Court Judge Abdulla Mohamed told the court today that information had been received regarding the intimidation of witnesses, prompting the decision to hold a number of suspects until proceedings are completed.

The island’s atoll council office, its court building, police station, and several police vehicles were set on fire following the contested resignation of President Mohamed Nasheed on February 7, 2012.

Nine policemen were attacked, while police officials at the time declared the area unsafe for local policemen as Maldivian Democratic Party supporters had threatened to attack the residences of policemen.”

MDP lawyer Hisaan Hussain criticised today’s decision, saying: “We condemn this collective punishment which is not in line with our constitution or international law.”

Another lawyers familiar with case described the decision as “most unusual”,noting that the identities of state witnesses are not disclosed and have their voices disguised in order to protect their identity.

Defence lawyers have requested a written copy of the order to begin the appeal process but have yet to be provided with the relevant documents.

Hearings in the case began on October 1, while the trial of juvenile offenders in the same case is also nearing completion this month. Around 80 people are also currently facing terrorism charges in relation to unrest in Addu during the same period.

Acts of arson are considered terrorism under the Terrorism Prevention Act enacted by the administration of former President Maumoon Abdul Gayoom. The offence carries a jail term of between 10 to 15 years.

The MDP has contended that the trials against dozens of the party’s members and supporters in Addu City and Thinadhoo were acts of intimidation, accusing the government of threatening to prosecute persons who participate in MDP activities.

Hisaan today also criticised the use of a single judge – Abdulla Mohamed – in the 300-400 cases ongoing in relation to the February 8 unrest, calling the entire process “highly politically motivated”.

The detention of Judge Abdulla Mohamed in January 2012 – following repeated obstruction of investigations into his conduct – led to the intensification of anti-government protests, culminating in policemen mutinying on the evening of February 6.



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Government to lease four islands for resort development

The Ministry of Tourism has made an announcement today inviting expressions of interest (EOI) to develop four uninhabited islands and one lagoon as tourist resorts.

The designated islands were Haa Dhaal Dhipparufushi, Haa Dhaal Kanamana, Haa Dhaal Kudafarufasgandu, Shaviyani Bolissafaru, and a lagoon in Haa Dhaal Atoll with the coordinates 6°42’41”N, 72°54’34”E.

“Dh. Kanamana. H. Dh. Kudafarufasgandu and the lagoon in H. Dh Atoll mentioned above will be developed as a single project,” the announcement noted.

The deadline for submission of EOI is December 4 while an information session would be held on November 27 at the ministry.

President Abdulla Yameen announced plans to develop five tourist resorts in Haa Dhaal atoll during a visit to two northern islands earlier this month.

Haa Dhaal is currently the only atoll in the country without a resort in operation.

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Maldives economy “relatively buoyant” but fiscal imbalances continue to grow: IMF

While the Maldivian economy is performing well, fiscal indiscipline remains a problem as budget deficits continue to grow says the International Monetary Fund (IMF).

“We see that the economy is relatively buoyant,” said the IMF delegation in a statement given to the media today.

“However, despite the improvement in the real economy, the fiscal deficit has continued to widen and this is because of very high public expenditure and public debt is very high, so we think the fiscal position does need to be addressed.”

Parliamentary debate on the record MVR24.3 billion (US$1.5 billion) state budget for 2015 concluded this week, with opposition MPs expressing doubts over whether the MVR21.5 billion revenue forecast could be realised.

Regarding the recently introduced special economic zones (SEZs), the IMF delegation noted today the importance of a “transparent and even handed” regulatory framework and that any exemptions to tax are “clearly ring-fenced and limited”.

Meanwhile, it was noted that revisions to estimates of the current account deficit had indicated greater stability in the economy than previously thought.

During the IMF’s last visit to the country in February this year, the delegation expressed surprise at the resilience of the economy, admitting that it was still studying how the domestic economy has remained afloat in the face of soaring public debt and persistent budget deficits.

Maldives Monetary Authority estimates of the final current account deficits for 2014 fell from US$562.5 million in April to US$269.9 million in a macroeconomic report released in May.

The latter report,however, contained warnings against “slippages in revenue or current expenditure” which were echoed by the IMF today.

“The 2015 budget includes both revenue and spending measures to tackle the fiscal deficit and we think it’s very important that these measures are fully implemented,” explained the delegation today.

The IMF – which has previously urged greater taxation of the lucrative tourist industry – said today that it supported the recently announced green tax, as well as pushing for more efficient subsidies.

The delegation noted that measures to target electricity subsidies to areas where they are most needed had been included in next year’s budget.

MVR3.4 billion (US$220 million) – or 14 percent of the budget – is anticipated from new revenue raising measures which includes revisions of import duty rates from July onward, fees from investments to the SEZs, income from the home ownership programme, and leasing 10 islands for resort development.

Minister of Finance Abdulla Jihad noted in August that spiralling expenditure and revenue shortfalls could see the budget deficit balloon MVR4 billion (US$259 million), although he gave the Majlis a revised figure of MVR1.6 billion (US$103 million) when presenting budget this month.

While the World Bank recently predicted that the Maldives economy would grow by 4.5 percent this year, Jihad has said public debt is expected to reach MVR31 billion (US$2 billion) or 67 percent of GDP at the end of 2014.

“Despite achieving economic progress, the Maldivian economy is fragile and the Maldives’ financial situation is not in the most appropriate state at present,” Jihad told the Majlis.



Related to this story

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Finance minister presents record MVR24.3 billion state budget to parliament

Slippages in revenue or expenditure will undermine debt sustainability: MMA macroeconomic report

IMF delegation surprised by resilience of Maldivian economy

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Funds allocated for councils in next year’s budget lower than 2014, says LGA

Local Government Authority (LGA) CEO Dr Ahmed Shukry told parliament’s budget review committee yesterday that funds allocated for city, island, and atoll councils in the 2015 state budget was lower than this year’s budget.

Shukry said the amount allocated for the Malé City Council, six atoll councils and 43 island councils was MVR25 million (US$1.6 million) less than this year.

If the requested amount is not provided, Shukry said many councils would face difficulties paying salaries and utility bills, which was already a recurring issue.

In addition to the LGA, a number of independent institutions, the National University of Maldives, and the judiciary have told the budget committee that the finance ministry has not allocated the requested amount of funds in the record MVR24.3 billion (US$1.5 billion) state budget for 2015.

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MP Nihan claims “no gangs in Maldives” remarks misinterpreted

Progressive Party of Maldives (PPM) Parliamentary Group Leader MP Ahmed Nihan has denied claiming there were no gangs in the Maldives.

Local media had reported Nihan as saying at a PPM gathering on Sunday night (November 16) that there were no gangs in the Maldives and that the government would not allow youth congregating in street corners to be labelled criminal gangs.

“Youth in these small congregations with young blood will have the courage to defend each other. Small things like that will roll over…It’s true, I know while saying this that some incidents have gone beyond bounds,” he was quoted as saying.

Speaking in parliament yesterday, the majority leader accused opposition MPs of twisting his remarks.

“I want to clearly tell the Maldivian people what I said was that every youth in a corner is not a gang member,” he said.

He went on to claim that the opposition Maldivian Democratic Party and former President Mohamed Nasheed should “bear responsibility for all murders in the recent past”.

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MPs debate restricting constitutional rights after arrest

The People’s Majlis yesterday accepted legislation that proposes restricting the constitutional rights to remain silent and retain legal counsel for suspects arrested for violent assault.

Presenting the amendments (Dhivehi) to a 2010 law banning “threats and carrying dangerous weapons and sharp objects” on behalf of the government, Progressive Party of Maldives (PPM) MP Ibrahim Didi said “special measures” were needed to curb increasing violent assaults, to ease the public’s fear and anxiety, and to establish public order and safety.

Opposition MPs contend that the changes are unconstitutional, suggesting that the government was blaming a lack of legislation for its failure to curb violent crime.

The amendments state that suspects arrested for assault with sharp objects or dangerous weapons could not exercise the right to remain silent “to any extent”.

Police could also question the suspect if he or she is either unable to have an attorney present within six hours or waives the right to retain legal counsel.

Moreover, the suspect could only consult a lawyer in the presence of a police officer for the first 96 hours after the arrest.

The legislation states that the rights of the accused would be narrowed in reference to Article 16(a) of the Constitution, which states that the rights and freedoms contained in chapter two could be limited by a law enacted by the People’s Majlis “only if demonstrably justified in a free and democratic society.”

While Article 49 of the Constitution states, “No person shall be detained in custody prior to sentencing, unless the danger of the accused absconding or not appearing at trial, the protection of the public, or potential interference with witnesses or evidence dictate otherwise,” the amendments state that the court must consider the criminal record of the accused, police intelligence reports, and other information submitted by police.

Additionally, the legislation stipulates that the Prosecutor General’s (PG) Office must press charges within 15 days of the arrest and the court must conclude the trial and deliver a verdict within 30 days of the case being filed.

In determining guilt, the court shall consider as evidence confessions or statements given at court, audio or video recordings of statements made by the accused to his or her lawyer, autopsy reports, and forensic evidence.

Attorney General Mohamed Anil revealed the government’s intention to narrow the constitutional rights at a press conference in October after a spate of violent assaults in the capital – which police said was a series of gang reprisals – saw three young men stabbed to death.

Speaking at a party rally earlier this week, PPM Parliamentary Group leader Ahmed Nihan reportedly said that the government would not stand to see young people labelled as gangsters.

Several incidents of gang violence have meanwhile occurred in recent weeks. Earlier this week, an 18-year-old was arrested after entering Billabong International High School with a machete during a gang fight.

Anil noted that the proposed amendments would specify harsher penalties for violent assault as the penalties in the current penal code were “far too lenient.”

The amendments propose the death penalty for premeditated murder in a violent assault using a dangerous weapon or sharp object as well as jail terms of up to 20 years for other offences specified in the law.

Following preliminary debate at yesterday’s sitting, the amendment bill was accepted with 66 votes in favour and five against and sent to the national security committee for further review.

“Incompetence and corruption”

Opposition Maldivian Democratic Party (MDP) MP Imthiyaz Fahmy – who voted against the amendments – told Minivan News that the obstacle to securing convictions for violent crimes was “incompetency and corruption within the criminal justice system.”

“When the government completely failed in tackling crimes that have gone out of hand they now blame it on legislation,” he contended.

“And true to their old style, the accused are to be beaten into confessing.”

Prior to the adoption of the new constitution in August 2008, the vast majority of convictions were based on confessions extracted during police interrogation and the police were often accused of torture and coercion.

During the parliamentary debate, PPM MP Ibrahim Didi said some cases were stalled at court for up to six years while the amendments would expedite the process and prevent the accused intimidating witnesses.

Several MPs objected to suspects being able to remain silent after committing serious crimes and insisted that violent crimes could be reduced if the bill is passed into law.

PPM Ahmed Thoriq suggested some rights guaranteed in the constitutional were unsuited to the Maldives.

Jumhooree Party Ali Hussain, however, contended that while fundamental rights and freedoms could be narrowed, completely depriving individuals of the right was unconstitutional.

PPM MP Mohamed Nasheed argued that preventing suspects from consulting a lawyer in private for four days was excessive and advised reducing the period to 36 hours.


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59-year-old woman dies of asphyxiation on Flyme flight

A 59-year-old woman died of asphyxiation last night (November 20) aboard a Flyme airline flight.

Local media has identified the woman as Shaida Hasan from Gaa Alif Villingili Sosun Villa. She died while on a domestic flight from Malé’s Ibrahim Nasir International Airport (INIA) to Kadadehdhoo.

Media outlet CNM reported a Flyme official as saying that, after noticing the woman was having breathing difficulties, the flight attendants provided the woman with first aid, giving her oxygen through the oxygen masks.

The Flyme official said that air traffic control were informed of the situation before the flight returned to INIA from where Shifa was taken to the airport health facility. The airline was informed of the death at 8.45pm last night.

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PG withdraws disobedience to order charges against home minister

Prosecutor General (PG) Muhthaz Muhsin has withdrawn disobedience to order charges against Home Minister Umar Naseer.

Muhsin had raised charges against Naseer in April for violating Article 8 (a) of the General Laws Act of 1968 when he called on anti-government protesters in January 2012 to storm the military headquarters with 50 ladders.

The clause prohibits speech or writing contravening Islamic tenets.

If found guilty, Naseer would have faced imprisonment, banishment, or house arrest not exceeding six months or a fine not exceeding MVR150 (US$10).

PG Office Spokesperson Adam Arif said charges had been withdrawn in August for further review, and stressed that the PG is authorised to withdraw charges at any point until a sentence is issued. The moves comes after concluding statements had been delivered at the Criminal Court.

Opposition Maldivian Democratic Party MP Imthiyaz Fahmy said the move “is yet another act by a PG backed by the government to deliberately show the people that the government enjoys complete impunity.”

The decision appears to reflect a thawing of a tense relationship between Naseer and President Abdulla Yameen.

Naseer was summoned to court during the acrimonious dissolution of a coalition agreement between Naseer’s Jumhooree Party (JP) and the ruling Progressive Party of the Maldives (PPM).

Four ministers had been appointed to the cabinet on JP slots, but following the split two defected and a further minister was dismissed. Naseer now remains as the sole JP minister in the cabinet.

Naseer initially joined the JP after he lost the PPM primaries to Yameen in 2013. Following this defeat, he publicly alleged widespread vote rigging and accused Yameen of illicit connections with gangs and the illegal drug trade.

Naseer also implicated Yameen in MP Dr Afrasheem Ali’s death, claiming he had witnessed a meeting between Yameen and an individual who was under investigation for Afrasheem’s brutal death.

Naseer has since retracted his statement under oath during a Majlis sitting.

In August, Yameen also reduced the home minister’s powers after Naseer allegedly ordered police officers to investigate Minister of Tourism Ahmed Adeeb – the PPM deputy leader – for alleged unlawful activities.

Criminal Court Chief Judge Abdulla Mohamed took over the case mid-way through the trial from Judge Abdulla Didi, after Naseer requested a change of judge folowing Didi’s refusal to accept a procedural point raised by Naseer.

Didi, on June 12, had issued an arrest warrant ordering the police to present Naseer at court today after he had missed three consecutive hearings due to official visits abroad.

The police, however, made no move to arrest the minister on his return to the Maldives, and Naseer arrived at the court on June 17 with a bodyguard escort.

Naseer had initially refused to cooperate with the trial, claiming clause Article 8 (a) contradicted the freedom of expression guaranteed by the constitution.


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Analysis: President Yameen’s first year – Towards good governance?

During his inauguration one year ago President Abdulla Yameen said: “I take over the presidency of the Maldives today with a vision of tomorrow and new dreams, heralding new thoughts, giving new hopes to the people”.

Four years now remain in which to bring a new and improved governance to the Maldives.

The United Nations lists the major characteristics of good governance as being consensus oriented, participatory, following the rule of law, efficient, accountable, transparent, responsive, and equitable.

Arriving in office through an electoral process that failed to meet all but two of the above qualities, the Yameen administration benefitted from a lack of transparency, accountability, and a flexible approach to the rule of law before any oaths were even taken.

Pre-existing problems with the judiciary and the electoral process appear to have worsened, while elected officials have failed to respond to public safety concerns or to adopt a consensus-based approach to policy making.

Development and decentralisation

President Yameen promised to bring development to the country as never seen before, saying his government would be one of results. To this end, he has brought the concept of special economic zones to the Maldives.

The UNDP’s Human Development Report noted this year that regional disparities continue to grow, and the tourism minister has stated that the Special Economic Zones Act will bring the potential to transform the economy with just a single of many proposed ‘mega-projects’.

The subsequent act, while in theory containing the potential to develop the outer atolls and diversify the economy away from the tourism industry, contains a number of serious governance issues – as did the act’s passage.

Consensus for the bill from opposition Jumhooree Party came only after a number of party leader Gasim Ibrahim’s businesses fell victim to a series of well-timed government interventions, with the party soon issuing a three-line whip to support SEZs.

The unelected composition of the SEZ investment board – consisting entirely of cabinet members – with powers to override local authorities in the yet-to-be-determined zones suggests centralised decision making without the consensus of all relevant stakeholders.

“Land, labour, and capital – the central government and the regional governments are fighting for it as we don’t have enough resources even for the existing government to cover the budget deficits.”

“I believe when there’s enough economic activity we can give more powers to the councils”.

– Minister of Tourism and Chair of SEZ investment board – Ahmed Adeeb

Minister of Tourism and Chairman of the SEZ investment board Ahmed Adeeb has said that local councils will be consulted, but has made clear that the final decisions remain with the central government, lending credence to accusations that the country’s decentralisation project has stalled.

‘Safeguarding the rights of all citizens to actively engage in the democratic process’ – under the heading ‘Decentralisation’ – was one of a number of government pledges recently made available on the President’s Office website.

There has been a steady removal of powers, however, from Malé City Council over the past year, with continued contradictions between a number of laws and decentralisation legislation being used to undermine the council’s work rather than being amended.

Decentralisation of political power has been noted as having positive effects on governance via improved participation, accountability, and responsiveness, though the current model falls short in terms of efficiency.

For a small country like the Maldives, with mounting pressures, fiscal crisis and high debt distress, it is time that political parties, institutions, civil society and the public engage in debate; and agree to right-size the governance system, to make it more sustainable and to maximize the democratic dividend and enhance the freedoms and choices for the people.

UNDP: Maldives Human Development Report 2014

The Yameen administration has made noises about improving the efficiency of decentralised government, although a clear strategy on population redistribution has not emerged which would enhance the delivery of regional services.

A failure to make long-term plans has been cited by the UNDP as a victim of the democratic transition, with long-term development priorities becoming closely tied to the government of the day.

“Political parties and political leaders need to start thinking beyond the ballot,” read the recent human development report.

Although plans to target wasteful electricity subsidies have been planned by the finance ministry, the introduction of an unlimited healthcare scheme and increased pension payouts appear to contradict pledges to sustainably manage public finances.

Transparency, accountability, and responsiveness

Though published in the months prior to President Yameen’s election, Transparency Maldives’ finding of a crisis of public confidence in governing institutions maintains relevance one year on.

The unpredictability of electoral law was typified by the decision of the Supreme Court to dismiss half of the Elections Commission in February, with the additional suo moto case against the Human Rights Commission leaving independent institutions unsure of their constitutional roles.

Additionally, the failure of the authorities to take action against Supreme Court Judge Ali Hameed, despite calls for his suspension being recommended by the judicial watchdog, will have done little to enhance accountability within the judiciary. Charges in relation to the judge’s alleged appearance in a series of sex tapes were dropped due to lack of evidence.

“If we don’t want an executive dictatorship from a dictatorship, we don’t want a judicial dictatorship either.”

“[Misinterpreting the Constitution] should be brought to an end. It won’t come to a halt by jailing those who talk about this. Someone has to raise their voices on behalf of the people,”

Former Justice Minister Ahmed ‘Seena’ Zahir

While right to information legislation has been passed, pledges to make all of the government’s information directly available to the public have yet to be realised, with updates of monthly expenditure discontinued in February.

The instant dismissal of corruption allegations made against the tourism minister by the auditor general suggested major issues with transparency as well as contradicting clear campaign pledges to investigate and act in such cases.

A recent report from the International Foundation for Electoral Systems (IFES) has confirmed anecdotal reports of vote-buying during the Majlis elections, adding further weight to the calls of international election observers to enhance the transparency of campaign finance.

Furthermore, the large number of MPs and state officials who justified switches to the Progressive Party of Maldives as the only way to serve their constituents also suggests issues with the fair and impartial distribution of government resources.

Prior to assuming office the party had pledged to amend the law to stipulate that MPs who switch parties before the end of their term would lose their seats. After winning 33 seats in the March polls, the PPM has gained an additional 10 MPs.

“Vote buying is a serious problem in the Maldives, and if not addressed it threatens to undermine the democratic process in the country.

Though vote buying is a common problem in some parts of the world, the proportions that it has assumed in the Maldives are alarming.”

IFES: Money and Elections in the Maldives – Perceptions and Reality

Finally, while the the abduction of Minivan News journalist Ahmed Rilwan has raised  a number of security issues – to be analysed later this week – it has also highlighted deficiencies in the responsiveness of institutions to the needs of the people.

The police’s reluctance to regularly disclose information on the investigation – even to the family – as well as the Majlis’s failure to react despite a 5000 signature petition calling for answers in the search demonstrated a glaring lack of accountability in these institutions.

Perhaps unsurprisingly, the current administration has not moved towards improving the governance issues that played such a prominent role in its rise to power, focusing instead on the centralisation of authority and a push for large scale infrastructure projects.

Twelve months into the Yameen administration, it is clear that insufficient attention has been paid towards good governance, with the centralisation of power and a drive towards economic diversification coming at the expense of transparency and accountability.


Related to this story

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Can decentralisation take root in the Maldives?

President Yameen hails passage of SEZ bill

More than one in three Maldivians offered bribes or witnessed vote buying, IFES survey reveals

Human Development Report highlights Maldives’ regional divide

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