Some schools ignore government’s Ramadan instructions

Some schools in have continued holding classes for grade 9 and under, despite instructions from the Education Minsitry to stop lessons during Ramadan, reports Haveeru.

Local teachers told Haveeru that extra classes have been arranged after consultations between parents and teachers amid fears that the extended break would prevent the completion of the syllabus.

Instances of classes continuing were reported in Gaafu Dhaalu and Lhaviyani atolls.

With less than seven days’ notice, the government last week announced that school sessions would not be held for students in grades 9 and under during the month of Ramadan.

The regulations also said that school sessions for grades 10 to 12 should begin after 9am and should last a duration of three hours per day.

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India provides 74 scholarships to Maldivian students

India will provide scholarships for 74 Maldivian nationals to study in India for the 2014-2015 academic year.

The scholarships will be provided under a number of different schemes including the Indian Council for Cultural Relations (ICCR), which involves all university level under-graduate and post-graduate courses in Arts, Science, Engineering, Commerce, Business Administration and Law.

The Indian High Commission in Malé has described the response to the offer as “overwhelming”:

“The grant of 39 scholarships every year to Maldivian students is an important positive step forward in strengthening and promoting our cultural ties with Maldives, and it also adds another new dimension to the already warm and friendly relations between the two countries, based on mutual trust and understanding,” read a high commission press release.

Noting the longstanding educational links between the two countries, the press release said that 5,530 Maldivians have now completed the Technology Adoption Project launched in 2011 – including 3.053 teacher certifications, 1,674 youth certifications, 803 in ICT related courses.

17 of the ICCR scholarships – which cover all expenses, including international air passages, board, lodging, and internal transport – have already been awarded, with the rest currently being processed.

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Fisheries minister to appear before Majlis for questioning

The minister of fisheries and agriculture has been summoned to the People’s Majlis to answer questions regarding government policy in Addu City, local media has reported.

Dr Mohamed Shainee is said to be appearing upon request of the Maldivian Democratic Party MP for Addu-Meedhoo Rozaina Adam, who also summoned the housing minister for similar questions last week.

The 2008 constitution empowers any member of the Majlis to summon any member of the government or cabinet to parliament for questioning, although the appearance of the Housing Minister Dr Mohamed Muiz last week was the first such instance in more than two years.

The opposition expressed concern regarding the Majlis’ oversight capabilities after disputes over the composition of key standing committees, although a compromise was reached last week.

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Preparations conclude for the start of Ramadan

Today marks the first official day of Ramadan in the Maldives following the conclusion of final preparations for the month of fasting and prayer.

After the anticipated sighting of the new crescent moon did not come on Friday as expected, the Islamic Ministry announced that Sunday (June 29) was considered to be Ramadan 1 in the Hijra year 1435.

The start of festivities also began at midnight across much of the world, with Yemen reported to be the only country to have started celebrations on Saturday.

President Abdulla Yameen has called on Maldivians to observe the period with piety, encouraging the performance of pious deeds and virtuous duties.

In a statement released by the President’s Office, Yameen noted Maldivians’ preservation of the Islamic faith, appealing to all to continue this tradition over the next 30 days.

The government’s efforts to assist with preparations were also acknowledged by Yameen, with a number of temporary and refurbished mosques having opened in recent days.

Vice President Dr Mohamed Jameel Ahmed was in attendance at the reopening of the Al-Furqan mosque on Friday after six years of construction and multiple delays. The mosque is reported to be the most expensive in the country’s history, at MVR21 million (US$1.3 million).

Speaking at the opening ceremony for new mosque – capable of facilitating 3000 people – Jameel urged Islamic scholars to uphold the country’s Islamic identity by presenting it in a way comprehensible to the nation’s substantial youth population.

Local media have also reported the opening of a temporary mosque in Maafannu to compensate for the recently demolished Fandiyaaru Mosque. The Maldives National Defence Force completed the mosque – with capacity for 800 people – in just 14 days, reported Sun Online.

After initial fears regarding funding, the Islamic Minsistry announced the release of MVR800,000 to Malé City Council for repairs to 22 mosques. Minister of Islamic Affairs Dr Mohamed Shaheem Ali Saeed has pledged to spend MVR10 million on mosque repair for Ramadan.

Additionally, President Yameen has pledged to reduce waiting times for the overburdened Malé-Hulhumalé ferry to just 10 minutes while state utilities company Fenaka is said to have pledged interrupted power supply to all islands this month.

Working times for the Maldives’ 25,000 civil servants have been reduced to the hours between 10am and 2pm after local women’s rights NGO Hope for Women had argued the previous arrangement allowed insufficient time for women’s increased domestic workload during the month.

Meanwhile, the government announced that schools would be closed for grade 9 and below throughout the month, while class times will be reduced for other age groups.

Haveeru has also reported a reduction in the price of a number of basic commodities at the local market, as well as the opening of an additional fresh market in the capital.

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MDP alleges “covert police action” against protesters

The opposition Maldivian Democratic Party (MDP) has alleged intimidation, harassment, and “covert police action” against participants of a gathering in the capital Malé last Thursday (June 26).

The party explained in a press release yesterday that Thursday night’s rally was held “as the first of a planned series of gatherings dubbed ‘Barricade Meetings’, to protest the current regime’s mismanagement of state resources, rising costs of essential goods, deterioration of health services resulting in preventable loss of lives, and sustained influences on the judiciary to incriminate political rivals.”

The rally went ahead in spite of a warning by the Home Ministry against the planned gathering, which was the first time the main opposition party took to the streets since last year’s presidential election.

The MDP afterwards alleged that several police officers “infiltrated the rally and attempted to incite grassroots members” of the party.

“Leaders of the party urged participants to avoid confrontations and were exercising maximum restraint while reminding attendees that we were exercising our constitutional rights of assembly, of disseminating and acquiring awareness, and of freedom of expression,” the statement continued.

“Intimidation and harassment of participants of rallies and political gatherings have been the practice of [former President Maumoon Abdul] Gayoom regime in the past. It is a matter of serious concern for the MDP that police are being directed to infiltrate and incite participants of political rallies by the administration of President Yameen Abdul Gayoom.

“Their orders include identification of the party’s youth leaders and top activists and the MDP believes that several young participants of the rally will be arrested on some trumped up unrelated charges in the next few days.”

President’s Office Spokesperson Ibrahim Muaz Ali was unavailable for comment at the time of press.

Peaceful assembly

The MDP statement meanwhile added that threats and “targeted incrimination” against youth participating in political activities was a common practice under the Gayoom regime.

“The MDP appeals to well-wishers to prevail over the current administration to cease and desist from attempts to intimidate and incriminate participants of political gatherings,” the press release concluded.

The Maldives Police Service (MPS) meanwhile are reported to have sent a letter to former President Mohamed Nasheed – acting president of the MDP – asking the party not to hold demonstrations at the Chandanee Magu-Fareedhee Magu junction.

Although Nasheed had declared that the party would continue its gatherings “every night,” the MDP did not organise a gathering last night.

Police stated in the letter – obtained by local media – that a number of complaints were made by members of the public regarding the MDP’s gathering on Thursday night.

While pedestrians, Ramadan shoppers, and drivers were inconvenienced, the letter stated that residents of the area also complained of infringement of their rights.

Some complainants alleged that participants of the gathering used foul language and violated societal norms, police said.

Moreover, the letter added, businesses and shops in the commercial district would also be adversely affected if the gatherings continued in the area.

The letter further referred to provisions in the Freedom of Assembly Act passed in December 2012, which authorises police to prevent gatherings.

Police also urged the opposition party to provide a 36-hour notice prior to holding public gatherings.

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New beginnings – The Weekly Review

June 21st – 27th

This week saw a number of fresh starts – in particular for Supreme Court judge Ali Hameed who was cleared of misconduct charges.

With the police’s investigation of the judge in relation to his alleged appearance in multiple sex tapes already suspended, the Judicial Services Commission’s decision appeared to close all investigations into the issue.

JSC members past and present called the decision a contravention of Islamic principles, suggesting that the commission had clear grounds to remove the controversial judge.

The Supreme Court this week also ruled that sitting judges can vote in the appointment of a lawyer to the vacant position on the JSC – overruling current regulations prohibiting their involvement.

After a previous request from the Supreme Court, the Home Ministry this week dissolved the Maldives Bar Association – the single largest lawyers’ group – for failing to change its name.

Meanwhile, the government’s legislative agenda seems poised to begin in earnest after the People’s Majlis reached a compromise on the composition of standing committees this week – an agenda that will no doubt be assisted by the defection of another opposition MP to the government’s camp.

Elsewhere in the Majlis, Housing Minister Dr Mohamed Muiz was called to answer questions regarding developing plans for Addu City.

Speaking with Minivan News this week, Tourism Minister Ahmed Adeeb defended the government’s first legislative proposal – the special economic zones bill – against accusations that it will do little to alleviate regional disparities in development.

Adeeb argued that giving the government flexibility in negotiating relaxed regulations for new investors would be the best way to bring quick developments to the atolls.

The government also promised a new options for the tourism sector, with the launch of the country’s first guest house island – though critics questioned the real benefit of the scheme to local communities.

The enactment of anti human-trafficking legislation was acknowledged this week as the US removed the Maldives from its watch list, while local employers of undocumented workers in Laamu Gan were also given a second chance as the government’s removal of illegal migrants continued.

As the administration announced its intention to seek US$600 million from China or Japan for assistance with the new start for Ibrahim Nasir International Airport, the Maldivian Democratic Party revealed its decision to sue former President Dr Mohamed Waheed for his role in the termination of the previous development deal.

While Sri Lankan leader Mahinda Rajapaksa made an official visit this week – offering assistance in a number of areas – former President Mohamed Nasheed suggested India ought to assist Maldivians by helping the MDP remove the current government.

MDP MP Imthiyaz Fahmy suggested that sometime government ally Gasim Ibrahim’s candor regarding judicial and security service pressure in his political decisions further supported the MDP’s coup theories.

Theories of a health service in crisis were given additional support this week by the death of a 31-year-old pneumonia patient en route to Malé as well as angry protests outside Kulhudhuffushi Regional Hospital.

Finally, Malé City Council this week revealed the extent of the littering problem blighting the streets of the capital, while experts revealed hopes for resurrection of the country’s reefs after in the face of a potentially devastation el nino.

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Comment: Build a party, beware of judges, never give up

First published in Foreign Policy. Republished with permission.

With the swearing-in of President Abdel Fattah al-Sisi in early June, Egypt has turned full circle. This is just the latest version of a familiar and depressing tale.

After all the hope, optimism, and national pride that followed the revolution and the successful overthrow of Hosni Mubarak’s bloody 30-year rule, Egyptians are back to square one: Another military strongman has won another contested election, while his political opponents are either in hiding, in jail, or in their graves.

Events in Egypt are similar to those in my own country, the Maldives. We, too, suffered at the hands of a dictator for three decades. We, too, had our own peaceful revolution that swept away the old regime and ushered in new democracy. In 2012, that democracy was snatched away from us by a coup d’état. Since then, we have seen our freedoms and our electoral process undermined.

The experiences of the Maldives and the Arab Spring countries highlight the difficulty of embedding democracy in Muslim nations that have long been governed by authoritarian regimes. Overthrowing the dictator is hard enough, but for democrats, securing the long-term gains of the revolution is proving more challenging.

Just because you’ve pulled out the weeds doesn’t mean that flowers will grow. Like a garden, democracy must be planted and nurtured – or the weeds will grow back stronger than ever.

From my own experience – as, in turn, a democracy activist, the Maldives’ first democratically elected president, and the victim of a coup – one of the most important things democrats must do early on is to build a political party around a unified cause; this is a task at which the Egyptian liberals fell short.

Democracy needs infrastructure in place to implement it. Political parties are the most important institution in a new democracy; they are the necessary nuts and bolts, the means for delivering democracy. Once established, they force their members to learn the new tools of contesting democratic power: grassroots mobilization, policy formulation, election campaigning, media relations, and so on.

This process embeds democratic principles among large sections of the population, which in turn creates extra pressure for more democratic reform.

When Maldivians decided they’d had enough of their dictatorship, a number of activists, including myself, slipped out of the country and formed the Maldivian Democratic Party (MDP). In those days, back in 2004, political parties were banned in the Maldives, so operating in exile was our only option.

We could have focused all our energy on fomenting street protests, but we recognized that there was no point overthrowing the regime if we weren’t in a position to win an election or govern properly. When the Maldivian dictator, Maumoon Abdul Gayoom, begrudgingly allowed competitive elections in 2008, the MDP was an established political party. We won the presidential election with 54 percent of the vote.

In contrast, Egyptian liberals focused their attention on bringing down Mubarak. They were successful, and we all held our breath at the prospect of a free and democratic Egypt. But once Mubarak fell, the liberals found that they didn’t have a strong, unified political party that could successfully compete in the ensuing elections. The Muslim Brotherhood, which had run an underground political machine for decades, swooped in and clinched victory. So the most important lesson for aspiring democrats, before anything else, is this: Focus on building your political party.

The creation of successful political parties, though, is rarely enough to properly embed democracy. This brings me to my second lesson: Beware of judges. In the Maldives, like Egypt, the former dictator appointed all of the sitting judges. These judges, loyal to the old guard, hell-bent on maintaining their power, and steeped in anti-democratic ideology, actively undermined the new democracy.

Judges blocked revenue-raising measures, protected members of the former regime from corruption probes, and granted themselves ever more power. In the Maldives, a new constitution passed in 2008, granting judges independence, as part of the separation of powers.

But like giving Dracula the keys to the blood bank, this decision gave unfettered power to a judiciary that is rotten to the core. This problem still haunts the Maldives. In last year’s presidential elections, for instance, the Supreme Court constantly meddled in the vote to favor old-guard candidates, annulling and postponing votes, intimidating the Elections Commission, and making up the law as they went along. Ahead of parliamentary elections earlier this year, the court was at it again, sacking the Elections Commission chief and threatening his staff.

Confronting a corrupt, but independent, judiciary is particularly challenging for new rulers. The international community is largely clueless about how to deal with the problem. In the Maldives, for instance, the one organization that should have helped, the United Nations, instead considered judicial independence to be sacrosanct — a misguided approach that treated poorly educated, corrupt, and often criminal judges as if they were U.S. Supreme Court justices.

Kenya may provide a better example of the sort of radical judicial reform needed in post-revolution or, in its case, post-conflict societies. In Kenya, the new government, with international support, overhauled its judiciary and established an independent “Vetting of Judges and Magistrates Board.” Unqualified, incompetent, or corrupt judges were removed from office. Whatever the method, the international community needs a new approach for dealing with inherited judiciaries in fledgling democracies.

This brings me to my third and final lesson: Never give up. Democratic movements need patience, optimism, and determination. People often ask me how I remain optimistic about the future of my island country, with respect to both its democratic trajectory and its survival in the face of rising sea levels (the Maldives is one of the world’s lowest-lying nations).

But when you choose to be a democracy activist in an authoritarian regime, or indeed a proponent of firm action to combat climate change, you have little choice but to remain optimistic. The alternative is too bleak.

This applies to everyone, from Egyptian liberals, to Maldivian human rights defenders, to pro-democracy activists in countries like Burma and Libya: Never give up — and never assume that your cause is lost. Even when you face disappointment, there are usually unexplored avenues through which you can continue the struggle. In September 2013, after my party won the first round of presidential elections, the Maldives Supreme Court annulled the vote and got the Elections Commission to re-run the elections as many times as it took for our party to lose.* (The photo above shows Mohamed Nasheed at a protest to demand a run-off vote in Male.) After all this, some Maldivians told me that they felt despair over the future of their country. I responded: “Don’t presume that this is the end of the book. We’re only in the middle of the story. Don’t be so hasty as to predict how the story will end.”

Ranil Wickremesinghe, the former prime minister of Sri Lanka, once told me: “When the music stops, you must sit [down].” This may be true for political leaders, but not for democracy activists. Authoritarian regimes are more fragile than they appear. With a little push, they often collapse under the weight of their own contradictions. So be tenacious, strategic, and, above all, patient.

The peaceful and legitimate transfer of power is the defining characteristic of functioning democracy; it is how society grows and develops, and it is the overarching goal of any pro-democracy activist. During President Obama’s second inauguration I heard a speech that, coming less than a year after the Maldives’ coup, sent a chill down my spine. Senator Lamar Alexander summed up everything democracy activists should strive for: the regular transfer of power, through peaceful and legitimate means. He said: “There is no mob, no coup, no insurrection. This is a moment when millions stop and watch.” For democracy activists around the world, huddled in their cafés or counting down the days in their prison cell, it is this moment that makes it all worthwhile.

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JSC decision on Judge Ali Hameed’s sex tape scandal “an insult to Islam”

The Judicial Service Commission’s (JSC) decision to clear Supreme Court Judge Ali Hameed of misconduct in a sex tape scandal is “an insult to Islam,” and against principles of Islamic jurisprudence, critics have said.

The judicial watchdog yesterday ruled Hameed innocent, claiming it can only take disciplinary action if there is sufficient evidence to indict Hameed in a court as per the Islamic Shariah and Maldivian law.

The JSC justified its ruling on a police decision to close investigations after failing to gain new evidence.

The JSC member representing the public Sheikh Shuaib Abdul Rahman said the JSC had contravened Islamic principles in its decision.

“This is a misconduct case. Not a criminal case. Under Islamic fiqh (jurisprudence), misconduct complaints require less evidence than criminal and civil complaints. Judges can be dismissed if there’s too many public complaints against him,” he said.

“I believe there is enough evidence to take action,” he added.

Meanwhile, former JSC member and whistleblower Aishath Velezinee characterized the JSC decision as “the ultimate insult to Islam and Maldivian society.”

“This is a judiciary that sentences underage rape victims to be flogged. When they decide a Supreme Court judge, after being seen in a video that has gone viral, having illicit sex with multiple women, is not guilty of misconduct, what more can we say?”

Velezinee called on the public to protest, stating the decision shows the judiciary does not understand the law or the Shariah. Public silence on the matter will only allow the judiciary to “make a scandal of justice,” she added.

“To allow the Supreme Court, without protest, to decide any matter that affects you is to accept Ali Hameed has a right to judge for you. Protest!”

Ali Hameed is also accused of several counts of corruption and has been implicated in a separate tape where he appears to admit to a role in the fall of former President Mohamed Nasheed.

Criminal

Several lawyers have echoed Shuaib’s concerns arguing the JSC does not have to follow the stringent standards used in a criminal trial in a case of misconduct.

“The JSC inquiry is not a criminal trial. They do not have to prove it by the standards employed in criminal proceedings. Their task is not to see if a judge is guilty beyond reasonable doubt. The JSC inquiry is about misconduct, it is a disciplinary issue,” lawyer and former Minister of Youth and Sports Hassan Latheef said.

UN Special Rapporteur on Independence of Judges and Lawyers, Gabriela Knaul, in a 2013 report, also said disciplinary or administrative investigations entail different penalties than those arising from criminal procedures.

“Judges and magistrates, as well as other actors of the justice system are criminally accountable for their actions. Criminal actions entail consequences and penalties that are different from those resulting from disciplinary or administrative investigations,” said Knaul.

Latheef said judges must have public confidence, and Ali Hameed should have voluntarily resigned when the tapes were first leaked on social media in 2013.

“Islamic Sharia says all judges must have public confidence. Anyone who is perceived otherwise, cannot be a judge. A judge cannot be open to blackmail,” he added.

Latheef also called on the police to continue with investigations and said the police’s decision to file the case must be looked into.

According to local media, the investigation had stalled after the Criminal Court refused to provide a warrant to obtain a facial photograph of Ali Hameed and another to search his residence.

Political decision

Former Attorney General Husnu Al Suood also said the JSC had not complied with procedures in its conclusion and accused the commission of political bias.

Suood was appointed to a JSC subcommittee to investigate the case in December, but was expelled in January after the Supreme Court called for his removal after finding him guilty of contempt of court.

“I don’t think JSC has complied with existing procedures when they concluded this matter. This is a decision that needs to be revisited when the JSC is free from executive and judicial influence,” he said.

“JSC is under the full control of the executive. It doesn’t function independently, as envisaged in the constitution,” he added.

In Knaul’s report, she stated there was near unanimous consensus during her visit that the composition of the JSC – which draws members from sources outside the judiciary, such as the parliament, lawyers, and civil service commission – was “inadequate and politicized.”

“Because of this politicization, the commission has allegedly been subjected to all sorts of external influence and has consequently been unable to function properly,” said Knaul.

Suood claimed President Abdulla Yameen is at present working to fix the JSC membership in the coming term.

Opposition MP Ahmed Hamza was removed from the JSC in January after he announced his decision to run for the March parliamentary polls.

Meanwhile, the Supreme Court this week ruled any individual licensed as a lawyer, including judges and MPs, can vote to elect a member from the lawyer community to the commission.

Lawyers have spoken against the matter, arguing the decision compromised the independence of the legal profession.

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No threat to Maldivians in Srilanka, assures Sri Lankan foreign minister

Sri Lankan minister for External Affairs G.L. Peiris has assured that there is no threat to Maldivians residing in his country from ongoing conflicts between Muslims and Buddhists.

Speaking during the official state visit of President Mahinda Rajapaksa, Peiris said that the “happy and contented” Maldivian community living in Sri Lanka mostly reside in the southern parts of the country, far away from the zone of conflict.

“There is absolutely no problem in that area,” he said, adding that the conflict was going on in a very narrow area of Sri Lanka.

Rajapaksa’s two-day state visit is the first official visit of a foreign leader since President Yameen’s election, and has seen agreements signed related to health, investment, and search and rescue services.

Maldivian Foreign Minister Dhunya Maumoon – speaking at today’s press conference in Kurumba resort – said that the Maldivian government appreciated the steps taken by the Sri Lankan government to ensure the safety of the the 9,400 citizens in the Maldives.

“Not that there are no serious issues,” she said. “But the media sometimes sensationalise these issues.”

On June 16, 2014, reports emerged that hard-line Buddhists hurled gasoline bombs and looted homes and businesses during attacks in several Muslim towns in southwestern Sri Lanka, killing three Muslims and seriously wounding more than 50 people.

Dunya said that the Maldivian embassy in Sri Lanka was closely monitoring the situation on a daily basis. She also revealed that land in the Maldivian capital had been granted for Sri Lanka to set up a new diplomatic premises.

Following Rajapaksa’s arrival yesterday, official bilateral talks were held between the two governments as well as a private meeting between the two heads of state. A special banquet in honour of the Sri Lankan president and first lady was held at Kurumba yesterday evening.

Dunya today noted the close personal links between the two nations with Sri Lankan expatriate workers greatly assisting the Maldivian economy while more than 80,000 Maldivians visited Sri Lanka in 2012.

“We recognise and applaud the tremendous post-conflict reconstruction efforts of the Sri Lankan Government. We believe that the Sri Lankan Government and its people can address and overcome the challenges of post-conflict reconstruction and rehabilitation,” said the foreign minister.

Details of the health MoU were also revealed yesterday, with three specialists per year travelling to the Maldives as well as places for five Maldivian students to study medicine in Sri Lanka.

“Maldivians have been long standing consumers of the excellent education and health services in Sri Lanka. Under the agreement signed yesterday, the Maldives looks forward to further enhancing cooperation in the health sector, including in investing in human resources, recruitment of medical doctors and health professionals, and procurement of pharmaceuticals,” she added.

External Affairs Minister Peiris told press today that the agreements reached would have positive practical results for both nations, in particular new agreements on investment.

Trade between the two states grew by 40 percent last year, said Peiris, currently amounting to US$76 million – a figure he described as “satisfactory” with room for improvement.

“Major Sri Lankan investors are investing in the Maldives in a big way, particularly in tourism infrastructure,” he continued.

As part of today’s trip, a networking session was held in Malé for Sri Lanka’s business delegation, with Tourism Minister Ahmed Adeeb and Economic Development Minister Mohamed Saeed revealing details of investment opportunities in the Maldives.

Asked about discussions on Sri Lankan fishermen’s access to the travel through the Maldives’ territorial waters, Peiris said that such close allies had no need to hold official discussions “formally” about the right of innocent passage.

President Yameen had promised to explore during his corresponding trip to Sri Lanka in January, during which MoUs were signed regarding combating transnational crime , vocational training, and sports cooperation.

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