Author: Neil Merrett

DRP “moderate” alternative to divisive views of PPM, MDP: MP Mausoom

The government-aligned Dhivehi Rayyithunge Party (DRP) has claimed it can offer the only “moderate” alternative to the country’s two largest political parties ahead of this year’s elections.

DRP Parliamentary Group Leader MP Dr Abdulla Mausoom said that between the increasingly “polarised views” of the opposition Maldivian Democratic Party (MDP) and the government-aligned Progressive Party of Maldives (PPM), his party represented an alternative viewpoint for voters and politicians alike.

The comments were made amidst ongoing speculation over whether presidential candidates representing the country’s government-aligned parties will opt to stand alone in September’s elections, or seek to form a “broad” coalition ahead of polling.

Following the conclusion of the DRP’s fourth national congress on April 25, Dr Mausoom claimed that after the 30 year rule of former President Maumoon Abdul Gayoom and the previous government of former President Mohamed Nasheed, there was a growing hunger among voters for “something else” in national politics.

He claimed that this growing desire for political alternatives in the Maldives had led to increased interest in supporting the DRP from across the country’s political spectrum.

Yet despite MP Mohamed ‘Colonel’ Nasheed opting to join the DRP from the MDP back in March, the party witnessed a high-profile defection of its own last month with the resignation of Parliamentary Speaker Abdulla Shahid.  Shahid resigned from the DRP on April 15, shortly before announcing he would be joining the MDP.

Mausoom this week maintained that a growing number of MPs, voters and rival parties members had already expressed interest in joining the party in the build up to the election.

“We are getting pledges from many people that they will join us and we believe they are analysing the current situation,” he said. “Some [rival party] MPs have expressed support for the direction in which we are moving.”

Mausoom said he believed that a growing number of MPs were showing interest in the party – particularly from the PPM, which was formed by former President Gayoom.

Having formed the DRP back in 2005, former President Gayoom left the party with a number of his supporters back in 2011 to found the PPM. The split followed an acrimonious war of words between Gayoom and the DRP’s current leader, Ahmed Thasmeen Ali.

However, on the back of divisions in the PPM following primary elections held back in March, Dr Mausoom said he believed there was disillusionment among the party’s members.  the primary saw MP Abdulla Yameen – Gayoom’s half brother – appointed as its presidential candidate in a two-way contest with Umar Naseer.

Mausoom alleged that MPs and former DRP supporters who joined the PPM on the back of “accusations” started by former President Gayoom, were now rethinking their allegiances.

“They have seen this was just a game by Gayoom to maintain power within his family,” he said. “We will see more people who moved to the PPM [from the DRP]  aware of this.”

Moving forward

Upon the conclusion of the DRP’s latest congress last month, Mausoom added that the party had filled several key posts within its council, as well as other senior roles such as appointing new deputy leaders including female MP Rozaina Adam.

Alongside implementing a new party structure, Mausoom said the other key purpose of what had been a “very productive” national congress was to draft a manifesto document outlining the party’s strategy for the upcoming presidential elections.

He added that discussions had already been held on a early draft of the party’s manifesto that had been well received by DRP members so far.

However, Mausoom said that no further details on the direction for the party would be shared at the present time.

“The plan now is to streamline the manifesto to the needs of islands communities. Once it is finalised, we will be sharing it with the media,” he said.

Having been drafted with input from members across the country, Dr Mausoom said that the manifesto would incorporate the interests of voters from islands in the outer atolls as well as those of municipal voters ahead of the election.

“We are now geared to move forward,” he said.

Coalition agreements

Among the DRP’s coalition partners currently serving within the government of President Dr Mohamed Waheed, both the religious conservative Adhaalath Party and the Dhivehi Qaumee Party (DQP) have agreed to formally stand in a coalition with the country’s current leader though his Gaumee Iththihaadh Party (GIP).

The DQP and GIP are small political parties currently facing potential dissolution for lacking the minimum requirement of 10,000 members as stipulated in the recently passed Political Parties Act.

However, uncertainty remains whether other parties in the current coalition government would look to officially join with the president ahead of elections to stand against the MDP

Speaking to Minivan News this week, the government-aligned Jumhoree Party (JP) said it would not be looking to form a coalition with any party in the first round of voting.

JP Leader business tycoon and MP Gasim Ibrahim was last month reported in local media as telling supporters at a rally in Male’ that while he would consider forming a coalition with other political parties, but was not wiling to stand as the running mate of another candidate.

However, JP Spokesperson Moosa Ramiz claimed yesterday (May 1) that the party had decided to stand alone in the first round, adding that Gasim would take advice from the party council beyond that.

On the back of this commitment, Ramiz added that the party was this week working on finalising its own manifesto for the elections and would therefore be able give further details on its campaign strategy over the next week.

The PPM – the country’s second largest party in terms of parliamentary representation – has previously said it would not rule out forming a coalition with President Dr Mohamed Waheed or any other fellow government-aligned parties ahead of the presidential elections.

PPM MP Ahmed Nihan told Minivan News last month that the party had already engaged in talks over the possibility of forming a power sharing agreement with other parties in the government of President Waheed, although no final decision had yet been taken.

Nihan said that rival political parties needed to reassess their views on power sharing after thousands of people attended a gathering held by the opposition Maldivian Democratic Party (MDP) on April 19 to announce the signing of Parliamentary Speaker Abdulla Shahid.

Meanwhile, MDP candidate former President Nasheed has meanwhile claimed his party had already ruled out joining a coalition during the elections, criticising the effectiveness of power sharing in Maldives politics.

Nasheed was brought to power during the second round of the country’s first multi-party democratic elections in 2008 through a coalition of numerous parties united against former President Gayoom. These coalition parties, many of whom now serve in the government of President Waheed, all later left Nasheed’s administration.

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HRCM to investigate Immigration Department’s promise of mass repatriation

The Human Rights Commission of Maldives (HRCM) has expressed concern over a pledge by immigration authorities to repatriate 10,000 “illegal” expatriates on the back of wider reservations at the treatment of foreign workers potentially trafficked into the country.

HRCM member Jeehan Mahmoud has told Minivan News that the commission was concerned not just over plans to repatriate a predetermined number of unregistered workers, but also whether they were being punished for the actions of employers or agents acting outside the law.

The concerns were raised as the Department of Immigration and Emigration announced yesterday (April 30) that 1,748 foreigners found to be working illegally in the country had been repatriated – the majority by their own request – during the year so far.

Immigration officials also announced commitments to send a further 10,000 unregistered workers back to their home nations during the remainder of 2013.

Immigration Controller Dr Mohamed Ali said that the repatriated workers had either come to the Maldives with sufficient funding to afford transportation back to their home countries, or that their fares were covered through previously paid “deposits”.

Dr Ali did not however elaborate as to how the immigration department had devised the figure targeting the return of 10,000 unregistered workers to their respective countries.

He stressed that his department would be investigating and punishing employers and agencies responsible for bringing the now unregistered workers to the country if they had acted illegally.

“[The immigration department] will do that with vigour now,” he said.

Dr Ali was reported in local media as adding that 146 foreigners alleged to have involvement in criminal cases were deported this year so far, with 85 illegal workers also sent back to their respective home nations.

“More foreigners come to us voluntarily as we toughen our approach towards them. Everything will be arranged for those who come to us voluntarily. Island Aviation now has direct flights to Dhaka,” he told Sun Online, referring to the large number of Bangladesh nationals working in the country.

Dr Ali told Minivan News last week that while almost all foreign workers coming to the Maldives arrived under registered companies, some were finding themselves “illegally used” by employers due to “systematic abuse” of the visa system once here.

HRCM investigation

Responding to the immigration controller’s pledge this week, HRCM member Jeehan said that the commission itself had not been consulted by the Immigration Department over its proposed crack down on unregistered workers.

From the perspective of the HRCM, Jeehan said there was particular concern about the safety and vulnerability of the foreign workers set to be returned by authorities, particularly in the case of expatriates who were heavily in debt as a result of paying companies or agents to come to the country to find work.

“If they are working or staying here undocumented, how safe are they to be returned home,” she said. “We must consider how vulnerable some of these people are, it is different for those who request repatriation or course.”

The HRCM is now set to investigate the conditions by which these foreign workers are being repatriated, especially in regards to concerns that unregistered expatriates may have been detained as a result of the actions of agents or employers in the country.

According to Jeehan, issues also needed to be addressed over how the Immigration Department had decided to set a predetermined number of foreign workers that it would look to repatriate.

“How has the state arrived at this number? Whether it is the result of a baseline study or some other research we need to know,” she said. “Also, how is the state identifying the 10,000 workers that need to go back home and are they sure they are undocumented? Questions also need to be asked of what the state is doing with these expatriates before they are sent home. It is unfair if they are being detained as a result of the faults of others.”

Jeehan added that before any undocumented foreign workers were being repatriated, it was also important to ensure that employers had paid the salaries of all staff and were honoring their obligations to workers.

“These employees should be provided with their due wages and compensation, it is for the state to guarantee this,” she added.

Jeehan said that the HRCM was presently seeking to consult the Labour Relations Authority (LRA) over a number of issues that it said would include how unregistered workers were being sent out of the country.

“We will look to meet with the LRA first, as they are the state authority outlining employment practices, s we can see what role they may have had in outlining these policies,” she said.

Jeehan added that if the LRA has not had a role in the outlining this repatriation policy, than the HRCM might “have an issue” with the process.

When contacted by Minivan News today, LRA Assistant Director Aishath Nafa Ahmed said the body had no involvement in outlining policies on the repatriation of foreign workers since last year.

She added that although the LRA was involved in a steering committee that focused on issues surrounding the country’s foreign workforce, the authority had not had any discussions over plans to repatriate 10,000 workers this year.

Human trafficking

The Maldives has appeared on the US State Department’s Tier Two Watch List for Human Trafficking for three consecutive years. Should the Maldives drop to tier three – the worst category – then the country is expected to face significant reductions in aid and potential travel restrictions on its citizens.

Despite the government last year launching a special state program to try and draw awareness to the problems beyond human trafficking, concerns have continued to be raised by various NGOs and authorities at the scale of human trafficking in the country amidst fears of widespread corruption within the visa system.

Just last month, a source working within the immigration department alleged that companies across the Maldives were freely abusing visa regulations by generating fictitious labour demand to directly profit from trafficking foreign workers into the Maldives.

The source told Minivan News that almost no human verification was being undertaken by authorities to ensure workers were genuinely employed once a business or construction project was approved in the country.

In theory, a Maldivian company could submit design plans for an existing structure such as Manchester United’s 75,811 seat Old Trafford Stadium – and then be assigned a computer-generated quota of foreign workers, the same source claimed.

One former Bangladesh High Commissioner in the Maldives alleged back in 2010 that the exploitation of foreign workers in the country rivalled fishing as the most profitable sector in the national economy after tourism.

Addressing the current scope of unregistered foreign labour, Maldives Association of Construction Industry (MACI) former President Mohamed Ali Janah said earlier this year that an estimated 40 percent of the foreign employees in the sector were thought not to be legally registered.

Considering these numbers, Janah said he could not rule out the involvement of organised crime in certain employment agencies, which supply a large amount of foreign labour to building sites in the Maldives.

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Guesthouse potential thrusts Maldives mid-market tourism into political fray

This story was originally published on travel review site, Dhonisaurus.com

Since the inception of Maldives tourism over 40 years ago, the country has seen the development of more than 100 islands into exclusive resorts which – by focusing on secluded luxury – are almost entirely cut off from local laws and politics.

The potential for expanding mid-market tourism in the Maldives through the “niche” guesthouse segment may emerge as an early election issue after senior opposition and government figures clashed over how best the country’s inhabited islands can profit from visitors.

While the present government has boasted of nearly doubling the number guesthouse business since coming to power in February last year, the country’s opposition unveiled plans to address what it called a “total disconnect” between the lucrative island resort model and local people.

‘Real Maldives’

Beyond the political rhetoric, a growing number of specialist operators have emerged trying to cater to the mid-market demand from tourists looking to experience the ‘real Maldives’ –  a side of the country often unseen due to the prevalence of the lucrative ‘one island, one resort model’.

One such group is Secret Paradise, which this year began offering tourists special packages in North Male’ Atoll and South Male’ Atoll aiming to combine the traditional tourist staples of sunbathing, water sports and diving with authentic Maldives experiences like cooking and eating with local families, or assisting at island schools.

Ruth Franklin, a senior UK business figure who helped develop Secret Paradise with a local partner, said that aside from providing a more authentic travel experience, a key selling point for the business was to provide more affordable holidays for tourists concerned the Maldives was out of their price range.

Franklin added that trying to realise the full potential for mid-market tourism was not without challenges, especially in terms of a tourist’s perception of budget.

“To many travellers, ‘budget’ means a room for US$20 or less a night in many Asian destinations. In the Maldives, budget should be interpreted in relation to the cost of a night on a resort for bed and breakfast. Guesthouses on average start at US$50 verses the cheapest resort at US$250,” she said.

Franklin identified another hurdle in the general lack of information available to tourists about life outside the country’s resorts; from the cost of transportation and the availability of local ferries – which are further limited on Fridays and public holidays – to adhering with local laws and culture on ‘inhabited’ islands. On these islands, drinking alcohol and wearing bikinis are not permitted.

“Our packages are designed to take this into account so that travellers have the option of day visits to resorts, sandbanks and picnic islands where the restrictions do not apply,” Franklin added.

Franklin said that compared to the country’s resort and even safari boat industries, the niche status of guesthouse tourism did grant the segment a unique appeal in the region.

“Independent travel will never be in my opinion as it is in Thailand for example and quite frankly I wouldn’t want it to be. My belief is that local islands should have a set number of tourist beds available that is governed by the Tourism Ministry,” she said.

“Whilst I think it is right to open up the island to tourists to allow travellers to experience local customs and traditions and to help support local economy I would not want to see islands inundated with travellers to the point that the best of the Maldives customs and traditions disappear.”

Franklin suggested that wider success for the guesthouse industry could eventually lead to growing pressure to amend laws relating to alcohol and allowing women to wear bikinis on local beaches as part of a potential trade off for greater economic viability of mid-market tourism.

“Whilst my belief is that alcohol will not and should not be available on local islands there is definitely already a keen interest by guesthouse owners to provide private beach areas for tourists,” she added. “I am not in support of this as I think those guests who stay on a local island should do so to also experience culture and tradition and as ‘guests’ should respect a country’s law and regulations.”

Compromise calls

In December last year, the author of the latest Lonely Planet travel book to focus on the Maldives told Dhonisaurus that compromise would be needed by authorities should they wish to ensure independent travel was viable for a wider number of businesses going forward.

Lonely Planet author Tom Masters said he ultimately believed that local islands could still provide independent travellers with “sufficient attractions”, even within the strictly conservative laws practices outside of the country’s resort islands.

“However, I think only a tiny proportion of potential visitors would be happy to accept such a number of restrictions on their annual holiday, and so if some degree of compromise could be reached on issues such as alcohol or sunbathing, then the number of travellers opting for island tourism over that in an expensive resort would rise enormously,” he said at the time.

“A weakling in need of love and nurturing”

Adrian Neville, a veteran of travel writing in the Maldives previously told Dhonisaurus that beyond the recent political arguments, guest-houses had played a major role in the development of the tourism industry, dating back to their foundation in 1972. However, such properties were abruptly closed for many years as of May 1, 1984.

“This was pretty much directly at the behest of the resort owners for obvious reasons and on the spurious grounds of social problems and the wrong type of tourists,” he said. “Of course, now those wrong types are just fine – now they are not ‘hippies’ but ‘independent travellers’.”

While guest-houses had been reintroduced back in 2008, Neville contended that he was not sure whether the general attitudes of resort owners in the country would have changed much, particularly in terms of supporting the fledgling industry.

“The sector is up and running, but it is a weakling in need of love and nurturing,” he said.

Neville claimed that while there was clear interest in the further development of a guest-house sector to allow independent travellers to take in the Maldives, the country’s long-term segregation of tourists from local communities may also serve to limit the potential.

“There is sufficient interest but it won’t grow quickly until the issue of separation or, most unlikely for the foreseeable future, co-habitation with different lifestyles, is resolved,” he said.

Quality standards

Tourism authorities last year noted that guesthouse demand would likely remain “quite insignificant” when compared to demand for the country’s island resorts.

However, speaking to Minivan News in March this year, Deputy Tourism Mohamed Maleeh Jamal praised the industry as a “phenomenon” that the present administration would look to continue to support.

“The industry is doing well right now in Hulhumale’ [an island situated ten minutes from the capital by speedboat]. I understand major operators are already coming out with their own brochures,” he added.

Despite pledging government support for the industry, Maleeh claimed that it would be vital to ensure that quality standards were maintained across the industry in line with the reputation built up by the Maldives resort industry over the last forty years.

“We don’t want anything unexpected to happen,” he added. With a growing number of domestic airports anticipated to be developed across the country in the coming years, Maleeh said he expected a growing number of guesthouses would be established to meet demand .

“Where there are transports hubs, there will of course be more guesthouses appearing,” he said.

However, Maleeh stressed that the success of mid-market tourism was dependent on making sure that infrastructure was in place to welcome tourists.

“In some of these islands, the infrastructure is just not there; sewerage, drinking water, garbage disposal and 24 hour electricity supplies are needed,” he said. “My main interest is that while any Maldvian can open a guest-housem can we make sure that the customers are there?”

Ahead of presidential elections scheduled for September this year, opposition Maldivian Democratic Party (MDP) candidate Mohamed Nasheed has pledged to promote and support wider guesthouse development as part of efforts to try and aid wider economic growth.

“Having tourists on inhabited islands is not going to result in the community facing any additional detrimental effects that do not already exist. On the contrary, having tourists will empower the islanders to overcome whatever objectionable issues that they may face,” the former president claimed.

“Maldivians will have to open their eyes to outside cultures, and allow for the increase in opportunities for development. In addition to direct employment and income generated by guesthouses, it will also boost other existing island businesses.”

Despite guesthouses seemingly being in vogue as a topic for electioneering, Raki Bench, founder of the guest-houses in Maldives website last year said he was  critical of the role played by the present and former government to develop the industry.

Bench added in recent years, despite previous government commitments to provide more mid-market accommodation for visitors wanting to explore the country’s inhabited islands, further support had been lacking.

“The government has not really been helping guest-houses at all. It is a small sector, but it is showing growth within the wider tourism industry. I don’t see any promotion from authorities,” added Bench.

“I do understand why this is the case. After all what is the point in promoting an industry with a value of US$50 a night when you compare that to what resorts can make.”

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Committee rejects secret voting for parliamentary no confidence motions

Parliament’s General Purpose Committee has rejected procedural amendments to allow secret voting for no confidence motions, such as one presently scheduled against President Dr Mohamed Waheed.

Committee Chair MP Abdulla Abdul Raheem said the decision, which will now be forwarded to the parliament floor for approval, meant that the existing regulations outlining procedures for no confidence votes approved back in March 2010 would remain in place.

The issue had been sent to the committee by Speaker Abdulla Shahid to settle a “way forward” for no confidence motions after the Supreme Court last month struck down amendments allowing secret voting in parliament, Raheem said today.

The General Purpose Committee Committee voted four to three against the amendment proposed by opposition Maldivian Democratic Party (MDP) MP Nazim Rashaad to specify instances whereby parliament could use secret voting and hold sittings behind closed doors, Sun Online reported today.

MPs representing several coalition parties in the unity government of President Waheed, which make up the majority of the committee’s members, all voted against the amendments, with the deciding vote cast by Chairperson Raheem.

Raheem told Minivan News that amendments for secret voting had been rejected over concerns that voting behind closed doors was unconstitutional and may lead to further conflict with the Supreme Court.

Secret voting was the subject of one of two Supreme Court rulings this year to be previously criticised by opposition, government-aligned and independent MPs as an unconstitutional “challenge to the separation of powers.”

In its judgement (Dhivehi) on the constitutionality of secret ballots for no-confidence votes, the Supreme Court majority opinion contended that the rule contravened article 85 of the constitution as well as parliamentary principles and norms of free and democratic societies.

Raheem added that in line with this ruling, the committee had instead chosen to retain existing regulations on no confidence motions that had been in use since March 2010. He claimed these measures had been previously approved by bodies like the International-Parliamentary Union (IPU).

Priority issue

Addressing today’s vote, government-aligned Dhivehi Rayyithunge Party (DRP) Parliamentary Group Leader Abdulla Mausoom claimed that the rejection of the procedural issue of secret voting had not been a major concern for the party.

“We do not see this is a priority issue at the moment. We are brave enough as a party to vote transparently on these matters,” he said.

Meanwhile, MDP MP and Spokesperson Hamid Abdul Ghafoor claimed that the opposition party would not back away from trying to vote out senior government figures include President Waheed, despite failing to secure a secret ballot.

“[President] Waheed’s no confidence motion still stands, whether the vote is secret or not is irrelevant,” he claimed.

Ghafoor alleged that the party had originally sought to have a no confidence motion behind closed doors over fears MPs would be too scared to vote in the current climate following the controversial transfer of power on February 7, 2012.

The MDP has maintained that the transfer of power that saw former President Nasheed resign from office following a mutiny by sections of the military and police was a “coup d’etat”.

“This is not a normal situation at present, the Supreme Court itself is part of this coup government,” Ghafoor claimed.

He said that while that the MDP had withdrawn no-confidence votes against Home Minister Mohamed Jameel and Defense Minister Mohamed Nazim on April 8 this year due to a lack of confidence in the vote, the party did not rule out rescheduling at a later date.

MDP MPs claimed upon withdrawing the no confidence motions earlier this month that the government-aligned DRP had agreed to vote in favour of the motions before reversing the decision at the eleventh hour.

MPs of the government-aligned Jumhooree Party (JP) and DRP had voted in favour of a secret ballot for no-confidence votes in December 2012.

Ghafoor claimed that with the recent defection of Speaker Shahid to the MDP and ongoing changes to the composition of parliament, the intention remained to try and remove the defence and home minsters as well as President Waheed.

“The [no confidence] strategy is not failed yet. Though the vote is not in our favour at the moment, things are always changing.”

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Umar Naseer dismissed from PPM, local media reports

Umar Naseer has been dismissed from the the government-aligned Progressive Party of Maldives (PPM) over allegations made following his unsuccessful bid to become the party’s presidential candidate, local media has confirmed today.

The Sun Online publication today reported that Naseer has been sent an official notice of dismissal invalidating his PPM membership.

Following the PPM primary last month, Naseer alleged that his opponent MP Abdulla Yameen controlled all of the party’s organs, including the council and election committee, and had “rigged” the vote in his favour by ballot stuffing, falsifying the count and “pouring black money” to buy votes.

He further alleged that Yameen, half-brother of former autocratic ruler, Maumoon Abdul Gayoom, was fully backed by the former president’s family and PPM parliamentary group, as well as criminal gangs, convicts and drug smuggling “networks”.

A case against Naseer was heard by the PPM’s internal disciplinary council on April 14 over the nature of possible action taken against him after he refused to apologise to Yameen or defend himself at the subsequent disciplinary hearing.

When contacted by Minivan News today, a spokesperson for Umar Naseer refused to confirm if such a notice had been received.

“I’m sorry, but we do not give interviews to Minivan News,” the spokesperson said.

PPM MP Ahmed Mahloof was meanwhile not responding to calls from Minivan News. Fellow MP Ahmed Nihan had his phone switched off at time of press.

“Not in the mood”

Nihan told Minivan News earlier this week that Naseer had failed to respond, either verbally or in writing, during a seven day period provided by the PPM’s disciplinary hearing to retract the allegations he had made.

“It seems he was not in the mood to follow the party’s charter,” Nihan added, pointing to several media reports that Naseer had taken a role in discussions to form a broad coalition of government-aligned parties behind current President Dr Mohamed Waheed ahead of the presidential election scheduled for September 7 this year.

However, local newspaper Haveeru has reported that Naseer himself has questioned the legality of any action to remove him from the PPM while the Civil Court is in the process of hearing a case on whether to invalidate the outcome of the PPM primary.

PPM member Rahma Moosa lodged the case earlier this month claiming 8,915 people who were not officially registered as members of PPM had been allowed to vote in the primary.

The PPM has previously said that although the additional persons had not been registered at the Elections Commission by March 10, they were allowed to vote as they had submitted membership forms to the party.

PPM formation

The PPM was formed by former President Gayoom back in 2011 together with a breakaway faction from within the Dhivehi Rayyithunge Party (DRP).

The DRP – the first political party formed by Gayoom back in 2005 – was split into two factions of supporters backing former president Gayoom and those supporting his successor as DRP Leader, Ahmed Thasmeen Ali.

Infighting in the party had intensified from back in December 2010 after Umar Naseer was dismissed as the DRP’s Deputy Leader following a vote by the party’s disciplinary committee.

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Maldives resumes CMAG participation ahead of presidential elections

The Maldives government said it has been “welcomed” back as a fully participating member in the Commonwealth Ministerial Action Group (CMAG) during the group’s 39th meeting held in London yesterday (April 26) following its suspension last year.

Minister of State for Foreign Affairs Dhunya Maumoon stated this week that the invitation for the Maldives to attend the CMAG meeting reflected the “recognition” of the work by President Dr Mohamed Waheed government’s in “strengthening democracy in the Maldives”.

The opposition Maldivian Democratic Party (MDP) meanwhile said it understood the country’s participation in CMAG was a diplomatic attempt to ensure free and “inclusive” elections went ahead in September of this year. The opposition party contended that the elections were also expected to be scrutinised by a number of international groups including the Commonwealth.

The Maldives was suspended from CMAG – the Commonwealth’s democracy and human rights arm – back in February 2012 following the controversial transfer of power that saw former President Mohamed Nasheed resigning from office after a mutiny by sections of the police and military.

By September 2012, the suspension was revoked after a Commonwealth-backed Commission of National Inquiry (CNI) concluded the previous month that the transfer of power was legitimate, that former President Nasheed was not under duress, and that there was no police mutiny.

The findings were later accepted by former President Nasheed, albeit with reservations over evidence and witness statements he claimed had not been considered in the final report.

The stance was claimed to have been taken by the former president in order to facilitate the CNI’s recommendations concerning judicial independence and a strengthening of democratic institutions.

According to the Maldives government, CMAG is charged with reviewing “serious and persistent violations of the Commonwealth’s fundamental political values”.

Return to CMAG

Taking his place at the CMAG meeting on Friday, Minister of Foreign Affairs Dr Abdul Samad Abdullah joined his counterparts from Australia, Bangladesh, Canada Jamaica, Sierra Leone, Tanzania, Trinidad and Tobago and Vanuatu to review developments in Fiji as part of the group’s formal agenda.

According to a commonwealth statement, CMAG’s latest meeting was focused predominantly on ensuring democratic developments in Fiji, including calls for constitutional reform to uphold the rule of law, while also ensuring structures were in place for hosting “credible elections” where all political parties and candidates can contest fairly.

CMAG alos used the meeting to welcome the adoption of the Charter of the Commonwealth by various heads of government, as well as other key figures in the intergovernmental organisation.

“The charter reaffirmed the Commonwealth’s commitment inter alia to democracy, human rights, the rule of law, separation of powers, freedom of expression, good governance, tolerance, respect and understanding and the role of civil society,” read an official statement. “As the custodian of the Commonwealth’s fundamental political values, [CMAG] pledged to continue to promote these commonly agreed goals.”

Political solution

Following yesterday’s meeting, MDP MP and Spokesperson Hamid Abdul Ghafoor told Minivan News that considering national democratic developments, he believed the Commonwealth continued to expect three key requirements of the Maldives ahead of elections.

Ghafoor claimed that along with conducting the CNI last year, the Commonwealth has also required free and “inclusive” elections that would allow former president Mohamed Nasheed to stand as the MDP’s candidate. He added that September’s elections were also required to be monitored by experts such as a Commonwealth team in the run up to, and during polling.

Nasheed’s participation in the elections has been in doubt over his ongoing trial for the controversial of a Criminal Court Judge while he was in power – charges that could see him unable to contest in polls this year should he be found guilty. The trial is presently suspended pending a court ruling on the legitimacy of the establishment of the court and panel of judges chosen to overhear the case.

Ghafoor claimed that the MDP, despite previous concerns about the CNI, welcomed the Commonwealth’s commitments for “inclusive” elections, especially considering findings by a number of international legal experts disputing whether Nasheed could expects a free trial as a result of alleged politicisation in the country’s courts.

However, he added that the party also hoped for a transitional administration to replace President Waheed’s government ahead of September’s voting.

“The Commonwealth’s three requirements are welcome, but we would also like to see an interim arrangement that would see this coup administration out,” he alleged. “This is something we believe that can be achieved.”

Ghafoor said that he remained unsure if the Maldives, which last September was retained on the CMAG agenda under its “Matters of Interest”, was still being monitored by the body in terms of the nation’s commitments to human rights.

Ahead of the Maldives removal from suspension of CMAG last September, former Foreign Minister and current UN Special Rapporteur to Iran, Dr Ahmed Shaheed said at the time that the country’s removal from the agenda would be “a travesty” – accusing the government of committing “reprehensible actions” following the CNI report’s release.

“Things are not going well in the Maldives – the government is intent on persecuting Nasheed and the MDP (Maldivian Democratic Party)”, he claimed at the time. “They seem hell bent on repressing the people.”

Ahead of Friday’s CMAG meeting, several NGOs complied a so-called joint human rights brief accusing the Maldivian government of failing to create conditions conducive to free and fair elections

The International Federation for Human Rights (FIDH) and the Maldivian Democracy Network (MDN) alleged there were “clear signs indicating that the coalition government in power since February 2012 has so far failed to set the conditions for free and fair elections in which ‘all parties and leaders are able freely to conduct election campaigns’.”

Meanwhile, Back in January this year, the Maldives was one of two countries to have been dropped from NGO Freedom House’s list of electoral democracies following the release of an annual survey of political rights and civil liberties.

Freedom House is an independent, non-government watchdog organisation dedicated to the expansion of freedom around the world. The NGO assesses and scores countries for political rights and civil liberties each year, and labels them ‘free’, ‘partly free’, or ‘not free’.

Contested inclusion

The Maldives government has continued to contest whether the Maldives should have ever been included on the CMAG agenda.

Minister of State for Foreign Affairs Dhunya Maumoon has previously claimed that the country’s inclusion has been a result of a “lack of understanding of the true events that transpired in the Maldives.”

“Some countries” had realised this error and accused Nasheed of influencing CMAG members, she alleged.

In April 2012, Maldives’ permanent representative to the EU Ali Hussein Didi criticised the Commonwealth’s involvement in the Maldives, telling the European Parliament that CMAG lacked a clear mandate to place the Maldives on its agenda.

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Flogging of 15 year-old “tip of the iceberg” of Maldives’ treatment of sex offences: Amnesty’s South Asia Director

The high-profile case of a 15 year-old girl sentenced to flogging in the Maldives after confessing to having had consensual sex is the “tip of the iceberg” in terms of the country’s treatment of victims of sexual offences, Amnesty International’s South Asia Director Polly Truscott has said.

Following a nine day visit to the country, Truscot told Minivan News that other sexual abuse victims were believed to have had suffered similar treatment under the law as a result of systematic institutional failures.

“Right now, all departments charged with the girl’s welfare are finger pointing and passing the blame,” she said. “But we have met others incarcerated in the country in similar circumstances to this girl.”

“Tip of the iceberg”

Truscott said she had identified serious concerns during her visit as to how young girls and other victims of sexual assault were being treated by authorities.

Truscott raised particular concern over the case of the 15 year-old charged with fornication, after she reportedly admitted to authorities of having “consensual sex” with an unidentified man during investigations into her alleged sexual abuse by her stepfather.

“When this alleged crime was committed, Amnesty was approached by many people asking us to look into the matter. We believes she should not be punished for sexual offences. It is questionable if the girl was also aware as to what she was consenting to,” she said.

Truscott claimed that officials involved in the girl’s care – from the law enforcement team who questioned her, to child protection authorities – had “all failed” in their duties to protect the 15 year-old.

The girl’s case has garnered international attention over the last few months, with over two million people signing a petition on the Avaaz website pledging to target the Maldives’ lucrative tourism industry in order to pressure authorities to drop the charges against the 15 year-old and pursue wider legal reforms to prevent similar cases.

Deputy Tourism Minister Mohamed Maleeh Jamal last month slammed what he called the“dubious” motivations behind the petition, alleging the campaign to be “politically motivated”.  He also noted that the Waheed administration had already appealed the case and also pledged to oversee legal reforms.

Truscott said the NGO also remained “disappointed” over a lack of progress by Maldivian authorities in addressing a lack of accountability in punishing the perpetrators of high-profile attacks on media personnel, as well as allegations of excessive police force.

Despite welcoming progress in areas such as allowing for greater media freedoms “over the last 10 years”, she yesterday (April 24) told Minivan News that the NGO continued to hold concerns over the state’s commitment to addressing several human rights issues.

At the conclusion her visit, Truscott said the NGO also held significant concerns regarding judicial independence, as well as wider institutional failures to protect rape victims.

“Enormous progress”: government

Following a meeting between Truscott and President Dr Mohamed Waheed on Wednesday, the government issued a press release stating: “Regional Director Prescott noted the enormous progress made by the Maldives in the fields of human rights, and freedom of assembly and speech.”

Truscott told Minivan News she had raised concerns during her meeting with President Waheed that not enough progress had been made to investigate allegations of “excessive force” by police officers against members of the public following the controversial transfer of power on February 7, 2012.

“I understand that a few cases have been brought forward by prosecutors, but after a year, this [amount of cases] is disappointing. I had also pressed upon the president the need to bring perpetrators to justice. There is important progress to be made here,” she said.

Media freedom

Addressing the government’s official statement on Amnesty’s findings, Truscott said the NGO believed progress had been made in some areas such as media freedom over the last 10 years.

However, she noted serious attacks over the last 12  months on media such as blogger Hillath Rasheed and reporter Ibrahim ‘Aswad’ Waheed. Both men underwent life-saving surgery after being the victims of separate violent attacks in the capital over the last 12 months.

Amnesty International also pointed to concerns over the murder of MP Dr Afrasheem Ali. Truscott said the country was yet to see any meaningful investigations into ensuring justice for the victims of the attacks.

The courts are currently hearing the cases of several suspects charged in connection to Dr Afrasheem’s murder.  Suspects have also been questioned over Aswad’s attack.

However, suspects have yet to have been charged over the attack on blogger Hilath Rasheed in July 2012, when a group of alleged Islamic radicals slashed the throat of the blogger who had been campaigning for religious tolerance.

Rasheed narrowly survived the attack and has since fled the country.

“From having walked the streets here in Male’ I have seen [security] cameras about. But action seems to have been limited,” Truscott said of the case.

Penal code

Legal reforms were another area of concern raised by Amnesty International following its Maldives visit.  Particular attention was drawn to reviews for an amended Penal Code within the country that would allow for the prosecution of offences not presently accounted for.

While at the same time addressing the government’s stated pledges to review the use of punishments such as flogging, Truscott warned against what she called a “move backwards” over the Maldives’ commitments against the use of the death penalty.

“Obviously, Amnesty International is completely against the death penalty,” she said.

Truscott claimed that the recent drafting of any new bills outlining implementation for executions, even in practice, was deemed as a human rights violation.  She said there was no research concluding that executing criminals served as an effective deterrent for serious crimes.

Truscott added that with the draft Penal Code also including provisions that would leave applying the death sentence to the discretion of an individual judge, the whole purpose of codifying laws would be undermined should the bill be passed.

She noted this was a particular concern when considering the recent findings of various international experts such as  UN Special Rapporteur on the Independence of Judges and Judiciary, Gabriela Knaul over the politicised nature of the country’s judicial system.

“To leave Sharia law to the discretion of individual judges is something we believe would be a bad idea,” she added.

Visit purpose

Truscott said that Amnesty International’s main purpose during its visit had been to meet with key state officials as well as other stakeholders.

She noted that while having met with senior officials such as the president and Gender Minister, the NGO had not been able to arrange discussions with Police Commissioner Abdulla Riyaz or Home Minister Dr Mohamed Jameel Ahmed during the visit.

Dr Jameel told Minivan News today that he had been busy at the time of Amnesty International’s request to meet, but had since requested his office to follow up and try and set up talks.

Police Spokesperson Chef Inspector Hassan Haneef was seeking clarification as to whether Commissioner Riyaz had received a request to meet the NGO at time of press.

Amnesty criticism

In September last year, Home Minister Jameel criticised Amnesty International in local media for failing to seek comment from the government when compiling a previous report on the country entitled: “The other side of Paradise: A Human Rights Crisis in the Maldives”.

“They had not sought any comments from the Maldives government. I’m extremely disappointed that a group advocating for fairness and equal treatment had released a report based on just one side of the story,” Jameel told newspaper Haveeru at the time.

Meanwhile, just last month, Human Rights Ambassador of the President’s Office “Sandhaanu” Ahmed Ibrahim Didi accused Amnesty International of “fabricating stories about the human rights situation in the Maldives” and of releasing reports about the Maldives without conducting any studies.

Truscott’s comments were made as preliminary observations following her research visit to the Maldives that commenced April 16.  The NGO has said it will be releasing an official statement on its findings later today.

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Fictitious labour demand fuelling “systematic” migrant abuse in Maldives

Registered companies across the Maldives are freely abusing visa regulations by wildly exaggerating or even fabricating construction or business projects to traffic foreign workers into the country, an immigration source has alleged this week.

The source told Minivan News that almost no human verification was being undertaken by authorities to ensure workers were genuinely employed once a business or construction project was approved.

This lack of verification was allowing paper companies in the Maldives to submit fictitious contracts or structural designs to the immigration department to obtain a disproportionately high quota of foreign workers.

In theory, a Maldivian company could submit design plans for an existing structure such as Manchester United’s 75,811 seat Old Trafford Stadium – and then be assigned a computer-generated quota of foreign workers, the source claimed.

“Companies are recruiting people [abroad] for their own financial benefit,” the immigration source said. “They are producing the image that they are in need of labour.”

Fictitious applications could be made with little fear of a company or individual facing legal action,  due to the lack of any formal verification process for new building or work sites once authorised by a staff member at the immigration department, the source alleged.

“A company can simply produce a document or structural drawing from the internet, which they can submit online to obtain a work quota,” the source claimed. “If you tried using a design for a building like Velenagee, that is obviously known, but out on the islands [in the country’s outer atolls], verification is much harder,” he said.

The Maldives has appeared on the US State Department’s Tier Two Watch List for Human Trafficking for three consecutive years. Should the Maldives drop to tier three – the worst category – then the country is expected to face significant reductions in aid and potential travel restrictions on its citizens.

Minivan News was told that even with the implementation of an online visa registration system, the immigration department was failing to cross reference companies registered with the Maldives’ trade ministry to ensure that their stated businesses and labour requirements were genuine.

In one case detected this year, the source said that immigration officials had discovered that one ten-storey construction project in the capital had been given a quota of 120 foreign workers despite already being fully built and furnished.

“If someone is not going to check projects in person, this system is completely open to abuse,” the immigration source added.

Foreign workers were paying as much as US$4,000 to labour brokers to come and work in the Maldives, explained the immigration source, creating an incentive for the creation of false jobs on the Maldivian side. This fee is then divided between traffickers operating in the source country and the Maldives.

The Maldives does not presently have legislation allowing authorities to press charges against individuals directly for the offence of human trafficking – with legislation presently under review in parliament.

However, the immigration source said that it was still possible to penalise any Maldivian suspected of trafficking foreigners into the country on the grounds of contravening the Maldives Immigration Act, ratified in 2007.

“If a Maldivian tries to go against this law they should be penalised with very heavy fines. The law has been in place since 2007,” the source claimed. “Yet has anyone been fined for illegal immigration activity? The answer is no. The legal authority to do this is there.”

Immigration Controller Dr Mohamed Ali told Minvian News earlier this week that while almost all foreign workers coming to the Maldives arrived under registered companies, some were finding themselves “illegally used” by employers due to “systematic abuse” of the visa system.

Legislative challenges

Another source who has held senior positions in the Maldives criminal justice system, under both the current administration of President Dr Mohamed Waheed and the government of former President Mohamed Nasheed, said the country faces several challenges in prosecuting human traffickers.

Speaking to Minivan News on condition of anonymity, the source claimed that prosecutors were using outdated legislation set out in the country’s 1967 penal code that had not anticipated a crime such as human trafficking when it was first ratified.

In recent years, the Prosecutor General’s Office (PGO) worked with foreign organisations such as the Australian government to help draft legislation against human trafficking and people smuggling, according to the source. The bill has also been viewed by their US government to ensure “conformity” with its own requirements.

As a result, the source said that in recent years the PG’s Office had dealt with several cases of alleged human trafficking, which notably included a group of foreigners  found with a large number of forged passports.

However rather than prosecuting the suspects of charges of human trafficking as alleged by the police, they were instead prosecuted on charges of forgery.

“In that case, forgery carried a heavier punishment than any other possible provisions that could be used to prosecute on ‘human trafficking’ charge (i.e Section 88(a) of the penal code). In the Maldives, we don’t have to charge someone for multiple offences if it was committed at the same time,” the source claimed. “Prosecutors have to choose the most dangerous crime and proceed.”

The legal source suggested that in other suspected human trafficking cases raised by police, alleged victims were still provided the opportunity to contact authorities or transfer money abroad, requiring much more scrutiny to identify if those involved may have been smuggled illegally into the country.

“Additionally, because there are no laws defining what human trafficking is, the risk was that if we prosecuted someone for human trafficking and tried to set a precedent, the judges were not exposed (or forward thinking) enough to convict someone of the crime,” the source claimed.

“It was too risky to try something new and risk putting someone so dangerous on the loose. So the general idea was to be cautious.”

With human trafficking legislation remaining under review in parliament, the legal source claimed that “smooth implementation” of any new laws was required to make sure all Maldivian authorities, as well as criminal justice systems across the region, understood their obligations towards prosecuting human trafficking.

Corruption was identified as another major concern by the source concerning the value of illegal labour to the Maldives economy. One former Bangladesh High Commissioner in the Maldives alleged back in 2010 that the exploitation of foreign workers in the country rivaled fishing as the most profitable sector in the national economy after tourism.

The government has in recent months launched a special campaign intended to raising awareness of the rights of foreign workers.

Addressing the current scope of unregistered foreign labour, Maldives Association of Construction Industry (MACI) former President Mohamed Ali Janah said earlier this year that an estimated 40 percent of the foreign employees in the sector were thought not to be legally registered.

Considering these numbers, Janah said he could not rule out the involvement of organised crime in certain employment agencies, which supply a large amount of foreign labour to building sites in the Maldives.

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Govt parties need to reassess power sharing, after thousands attend MDP rally: MP Nihan

The Progressive Party of Maldives (PPM) said today it would not rule out forming a coalition with President Dr Mohamed Waheed or any other fellow government-aligned parties ahead of  elections scheduled for September.

PPM MP Ahmed Nihan told Minivan News the party was already engaged in talks over the possibility of forming a power sharing agreement with other parties in the government of President Waheed.

Nihan said that after thousands of people attended a gathering held by the opposition Maldivian Democratic Party (MDP) last Friday (April 19) to announce the signing of Parliamentary Speaker Abdulla Shahid, all political parties needed to reassess their views on power sharing.

“Risky business”

Nihan’s comments were echoed this week by Home Minister Dr Mohamed Jameel Ahmed, who claimed that a changed political landscape since the country’s first multi-party elections in 2008, necessitated a willingness to share power more than ever.

“We have to recognise that the PPM and the MDP are the two major political forces in the country capable of winning elections. Hence, if the governing coalition desires to forge an alliance, it cannot realistically exclude the PPM from any such move. Whether a coalition, inclusive of the PPM can be realised prior to the elections is possible or not, we cannot alienate major political parties in an election,” he told Minivan News this week.

“Therefore, the role of smaller parties attempting to win an election of this scale without the inclusion of major political parties is in my opinion, a risky business,” Dr Jameel added.

While declining to give exact details on the nature of power sharing discussions currently held by the PPM, MP Nihan claimed the party’s supporters were divided on the need to form a coalition after considering the size of the crowd that attended Speaker Shahid’s inaugural address as an MDP member last week.

“We are not in a position to give the media more details on coalition talks as of today. However, the PPM has engaged in talks with various parties,” he claimed.

“Many of our supporters are divided over whether we need a coalition with the Jumhoree Party (JP) and other government parties. After the MDP rally [on Friday] there has been lots of speculation [about coalition forming]. Let’s not rule anything out.”

Nihan stressed that the PPM’s preferred option would be to stand individually in the first round of elections to try and secure an outright elections victory.

However, he claimed that the PPM’s founder, former President Maumoon Abdul Gayoom, had already explained within local media that the party remained open to the idea of forming coalitions with any party except the MDP.

DRP approached

Addressing speculation over the formation of a “broad coalition”, the government-aligned Dhivehi Rayyithunge Party (DRP) today said it had also been approached by representatives from President Waheed’s party over potentially standing in the election through a pwoer sharing agreement.

DRP Deputy Leader Mohamed Shareef said he did not wish to provide further details on discussions at present or confirm if any decision had been taken on entering a power sharing agreement.

However, discussing the DRP’s experiences as being part of the unity government of President Waheed, Shareef added that power sharing in the country was not without challenges.

“There are some who believe that the elections will be easier in a coalition. While they may be right, there have always been lots of differences of opinion in the current unity government,” he said.

Shareef added that in forming the current government – sworn in after former President Mohamed Nasheed resigned from office following a mutiny by sections of the police and military – there had not been any “formal discussions” on individual roles that would be taken by coalition members.

Shareef claimed that securing any future agreement between different political parties and their respective presidential candidates on who should lead any coalition would prove more difficult.

Shareef therefore said he believed that the PPM was one party that would only be interested in a coalition that stood behind its own presidential candidate, MP Abdulla Yameen.

“The PPM will not be interested unless people would back their candidate. They are presently the largest party [in the current government] and will believe everyone must follow them,” he said. “However, in a coalition everyone must be equal.”

Shareef claimed that a failure to listen to the opinions of coalition partners had led to the previous government, formed behind Mohamed Nasheed’s MDP, eventually alienating all other parties, before the administration was toppled last February.

Just last month, the DRP said it would reject any possibility of forming a coalition with the PPM  beyond the present government, calling any discussion on the matter a “waste of time” considering previous disagreements between the two parties.

The PPM was formed by DRP founder, former President Maumoon Abdul Gayoom in 2011 following an acrimonious war of words with the party’s current leader, Ahmed Thasmeen Ali. Thasmeen was directly appointed by Gayoom to be his successor as head of the DRP.

However, Shareef today refused to comment on speculation over any possible coalition agreement with the party.

Agreed coalition

At present, President Waheed’s GIP has formally agreed to stand in a coalition during the elections with the Dhivehi Qaumee Party (DQP).

Both parties, which have no elected representatives in parliament , currently face potential dissolution for lacking the minimum requirement of 10,000 members as stipulated in the recently passed Political Parties Act.

The religious conservative Adhaalath Party has also publicly pledged its support to President Waheed, last month announcing plans to form a coalition with the GIP.

Meanwhile, after the JP rejected speculation it would form a coalition with President Waheed last week, Party Leader and presidential candidate MP Gasim Ibrahim was later quoted in local media on Thursday (April 18) as saying he would consider power sharing. However, Gasim stated at the time that that he would not stand as a running mate in such a coalition.

“Bitter lessons”

Senior figures of the opposition MDP including former President Mohamed Nasheed claimed earlier this month that sharing cabinet positions among different political parties would not result in an efficient government in the Maldives.

Former President Nasheed stated at the time that leaders of different political parties had learned “bitter lessons” surrounding their inability to run a government by sharing cabinet positions among different political parties over the last four years.

“A cabinet in which one minister belongs to this party and another belongs to that party, cannot run a government,” he said.

Aerial view of an MDP rally held on Friday April 20 to welcome the signing of Speaker Abdulla Shahid:

https://www.youtube.com/watch?feature=player_embedded&v=lu1rLkgH9IA

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