Author: Neil Merrett

Government targets public share sale in airport operator MACL over next seven days

The government has announced its intention to begin publicly selling shares in the state-owned Maldives Airports Company Limited (MACL) – the current operator of Ibrahim Nasir International Airport (INIA).

Although the country’s Finance Ministry today told Minivan News that no timeline had been finalised for the sale owing to “legal process”, the President’s Office confirmed the state had planned to begin offering shares to the public within the next seven days.

India-based newspaper ‘The Hindu’ has meanwhile quoted an unnamed government source as claiming the administration of President Dr Mohamed Waheed was expected to hold most of the shares in the state-owned company on the back of such a sale.

The share sale has been announced despite arbitration hearings pending in Singapore into a US$1.4 billion compensation claim filed by India-based GMR, after a 25 year agreement to develop and manage a new terminal at INIA was declared void by the current government in November 2012.

The government maintains the decision to terminate the World Bank-approved GMR tender was made over allegations of corruption, claims ultimately rejected by the country’s Anti-Corruption Commission (ACC) this year.

President Waheed’s administration last November gave the foreign investors seven days to hand over the unfinished airport to the government-owned Maldives Airports Company Limited (MACL), which later sought to transfer the assets to a newly-created, state-owned entity called Male’ International Airport Limited (MIAL).

The government later abandoned its intentions towards such a transfer by June this year, on the basis that the “the termination of the contract between the government of Maldives and GMR [is] currently in the arbitration stage.”

With the transfer cancelled, Finance Minister Abdulla Jihad told Minivan News today that the cabinet had approved plans to sell shares in MACL to members of the public, although no date had yet been agreed to begin such a sale.

“There is a legal process we have to follow. We are working on the time frame,” he added.

Jihad request that all other questions over the legal implications of the share sale amidst ongoing arbitration should be directed to the office of Attorney General (AG) Azima Shukoor.

President’s Office Media Secretary Masood Imad said he too was aware the government was looking to sell shares over the “coming week”, but said any further queries should be forwarded AG Shukoor or other members of special committee charged with overseeing the airport’s development.

AG Shukoor and Deputy AG Ahmed Usham were not responding to calls from Minivan News at time of press.

Meanwhile, Maldives Airports Corporation Limited (MACL) CEO Ibrahim ‘Bandhu’ Saleem requested Minivan News contact the Ministry of Finance regarding all information on the MACL share sale.

Asset concerns

In May this year, a global body representing the world’s airports, issued a notice advising its members to exercise caution before making any investments relating to INIA, over concerns of the government’s intention of transferring MACL’s assets to MIAL.

In an email obtained by Minivan News dated May 8, Airports Council International (ACI) advised: “due diligence while considering any investment in the Maldives, considering the latest developments, uncertainty of outcome of elections, the legal and financial risks of the current arbitration and the nascent legal framework.”

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Domestic fears of “inadequate” child protection linger as Maldives co-sponsors 22 UN rights resolutions

The Maldives has backed global resolutions outlining commitments on child protection, the environment, freedom of assembly and wider civil rights during the recently concluded 24th session of the United Nations Human Rights Council (UNHRC).

However, one local NGO focused on the rights of children has questioned the Maldives domestic commitments to pursue legal reforms in areas such as the use of flogging and the treatment of victims of sexual abuse, expressing fears child protection commitments undertaken by successive governments still remain “inadequate”.

The same group has called for the state and parliament to press ahead with ratifying an optional UN optional protocol signed by Maldivian authorities last year said to pave the way for reforms of the treatment of sexual abuse victims in the country.  The optional protocol would allow for international intervention if all domestic legal avenues are exhausted, said the NGO.

The country’s treatment of victims of sexual offences has come under intense global scrutiny this year, with the High Court in August overturning a flogging sentence handed to a 15 year-old girl charged with ‘fornication’.

Campaigning for the case to be dropped received two million signatures globally as the minor – found guilty of having consensual sex – was later revealed to have been charged on the basis of information obtained during investigations that she had been sexually abused.

UNHRC concerns

Upon concluding the latest UNHRC session, the Foreign Ministry said the country has co-sponsored 22 resolutions and supported other focuses on civil and human rights, as well as “freedom of peaceful assembly” during the session, where it has served as Vice President representing the Asian Region of the Council for 2013.

“The Maldives actively engaged on resolutions, on issues related to gender equality and children’s rights, environment and water rights, technical assistance to member countries, and social, political, economic and civil rights, human rights situations in countries,” the ministry’s statement read.

According to the Foreign Ministry, the country also spoke on issues affecting Palestine, criticising what it called the systematic and gross violations by Israel towards the country’s citizens.

“Radical changes”

While the country was selected as a Vice President of the UNHRC for this year, the international rights body last year recommended authorities in the country enact “radical changes” to Maldivian law to ensure compliance with the International Covenant on Civil and Political Rights (ICCPR).

The requested changes – made after former Home Minister Dr Mohamed Jameel Ahmed and State Minister for Foreign Affairs Dunya Maumoon defended the country’s record at the UNHRC in July 2012 – relate to matters of  freedom of religion and belief, and reforming the country’s judiciary.

Earlier this year, the present government committed itself to review local laws and enact potential reforms of the use of flogging, although no time-line for enacting such amendments has been confirmed beyond the commitment to hold talks.

Local NGO Advocating the Rights of Children (ARC) told Minivan News that it had been invited among a number of other organisations to submit input at the time to a specially-formed presidential committee to review legal amendments.

“However, ARC does not sit on the committee which comprises of government ministries,” stated the NGO. “Therefore, the role of the NGOs is quite limited in this process and we are also not kept in the loop on the developments.”

ARC added that with authorities yet to share their report, the status of which remains unknown, it was not possible to comment on possible outcome of proposed reform efforts.

Minivan News was awaiting a response from the government committee’s secretariat at time of press concerning the present status of the government’s reforms.

Child protection

Earlier this year, ARC expressed concern that child protection measures currently in place in the country were “inadequate”, requiring provisions outlined in the Optional Protocol on the Convention on the Rights of the Child (CRC) to be adopted into law. The Maldives ratified the CRC in 1991.

Once ratified, the CRC optional protocol is said to allow an individual, group or representative of a child victim of abuse to submit complaints to the UN Committee on the Rights of the Child for legal assistance is domestic assistance is not forthcoming.

“The Optional Protocol should always be used as a last resort, and while the Maldives has signed it in early 2012, we believe it is extremely important to ratify this optional protocol at an early date, because one of its key goals is to encourage governments to create good options and solutions for children at the national level,” ARC told Minivan News this week.

“Most governments would prefer to not have a local issue go to an international committee for review, so we think it will undoubtedly encourage governments to create and improve existing services and support for children.”

The NGO claimed that after signing the convention on February 28, 2012, the Maldives was still yet to ratify it, with the government saying that a decision would be taken within the cabinet after a new president is signed in on November 11, 2013.

Gender Minister Dr Aamal Ali told Minivan News this week that she was “not able to [give] sufficient insight” into the status of the government’s reform efforts, adding that the optional protocol was set to be discussed in cabinet at a later date.

Correction:  An earlier version of this article incorrectly stated that the Maldives had ratified the Convention on the Rights of the Child (CRC) last year. The CRC has been ratified by the country in 1991. The error has now been corrected.

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Gayoom urges authorities to expedite justice in ‘politically motivated’ Afrasheem murder

Former President Maumoon Abdul Gayoom has this week said there could be no doubt that the murder of Progressive Party of Maldives (PPM) MP Dr Afrasheem Ali was a politically motivated attack, while calling for justice to be expedited against his alleged attackers.

No individual has yet been convicted of the killing of Afrasheem, who was found dead on the staircase of his home in Male’ on October 1, 2012.

A total of seven individuals are potentially facing charges in connection to the MP’s murder, with the trial of key suspect Hussein Humam currently ongoing at the Criminal Court.

Humam had initially denied charges against him in court.

He later confessed to the crime at a hearing held in May, according to a statement read out by prosecutors in the court. State prosecutors read out the statement, which was said to have been given by Humam at one of the initial hearings. The suspect retracted his confession a month later, claiming that he had been coerced by police at the time.

Humam’s father has also written to the Criminal Court and the Human Rights Commission of the Maldives accusing police of conducting psychological abuse against the suspect, and exerting coercion to make him confess to a crime he did not commit.

One year later

Speaking Wednesday (October 2) at a rally to mark a year since Dr Afrasheem’s death, Gayoom was quoted in local newspaper Haveeru as saying that society remained in a state of fear as a result of the MP’s “politically motivated” killing.

“This was a clear message to our nation. It means that anyone who dares to speak up will suffer the same fate,” said the country’s one-time autocratic ruler, who was in power for 30 years until the Maldives’ first multi-party democratic elections in 2008.

Police have meanwhile confirmed this week that cases had been filed with the Prosecutor General’s Office (PGO) against Azleef Rauf, Shaahin Mohamed, Adam Salaah and Abdulla ‘Jaa’ Javid – son-in-law of opposition Maldivian Democratic Party (MDP) Chair ‘Reeko’ Moosa Manik in connection to the murder.

Despite not a single trial related to the murder having yet been concluded, PPM MP Ahmed Nihan confirmed that former President Gayoom had claimed there was a political motive to Afrasheem’s attack.

However, Nihan said Gayoom had not identified any one party or culprit in particular for the crime.

“[Gayoom] said the murder of Afrasheem was connected to politics and that such attacks should be eliminated and solved or they will begin to be copied by the public,” he said.

Nihan said that like Gayoom, he believed that since police had begun their investigations into the attack, they had uncovered enough evidence to suggest the murder had been carried out for political reasons.

He claimed that the PPM had purposefully avoided “finger pointing” of any particular party, but criticised politicians within the opposition MDP for making statements in an attempt to undermine the credibility of the police investigation into the case.

Nihan said that the country’s MPs had a responsibility to minimise doubt among the public concerning the conduct of the Maldives Police Service (MPS) in investigating the murder, adding it was important society have faith in law enforcement officials to solve the case.

Police investigation

The Maldives Police Services (MPS) announced in October 2012 that the FBI were extending assistance in the investigation of the MPs murder.

By December, Commissioner of Police Abdulla Riyaz stated during a press conference that the murder of Afrasheem had been carried out with a political motive, and that the culprits were to be paid MVR 4 million (US$ 260,000).

Riyaz had at the time dismissed claims that the murder was linked to religious fundamentalists, stating “no evidence has been gathered which suggests this murder had a religious motive.”

Soon after the murder police arrested two MDP activists – Mariyam Naifa and Ali Hashim ‘Smith’ – in connection with the attack. Both suspects were later released without charge.

The MDP later accused the government of attempting to frame the party with “politically-motivated arrests” of its members. In November 2012, former President Mohamed Nasheed accused the government of negligence in its efforts to bring the perpetrators to justice.

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Government rules out supplementary budget to plug 2013 shortfall, commits to T-bill sales

Finance Minister Abdulla Jihad has said the government has overcome the need to issue a supplementary budget to plug a shortfall in state spending for the current year, relying instead on short-term treasury bills (T-bills) to carry over its debts.

The comments were made as the Ministry of Finance today confirmed it had been officially requested to present the proposed annual 2014 state budget to parliament on October 30, with work ongoing despite the challenges posed by the upcoming Eid holidays.

Jihad previously told Minivan News that despite anticipating parliament would need to approve a supplementary budget after state offices were found to have exhausted their recurrent expenditure for 2013 by April, the government was now instead relying on T-bills to balance outgoings.

The finance minister last month said that the Maldives was relying on 28 day T-bills to help “roll over” debt one month at a time after parliament had failed to approve a number of measures to try and increase state expenditure not included in the 2013 budget.

T-bills are sold by governments all over the world as a short-term debt obligation backed by sovereign states. In the Maldives, they have a maximum maturity of six months, in which time they must be repaid.

The present government’s reliance on T bills has been slammed by the opposition Maldivian Democratic Party (MDP), which has previously questioned why there had been an increased reliance on short-term financing considering total state revenue rose 16 percent over the 12 months up to July 2013.

Borrowing fears

The Finance Ministry claimed in August that it had managed to reduce state spending since 2012, despite the MMA raising fears that the current “beyond appropriate” levels of government expenditure was leading to a vicious cycle of borrowing.

Early last month, the government said it hoped to secure longer-term financing measures to cover the shortfall in annual revenue as the number of 28-day T-bills sold by the state almost doubled in July 2013 compared to the same period last year.

According to the Maldives Monetary Authority (MMA) monthly review for August 2013, sales of T-bills for July 2013 has risen by 95 percent year on year.

The MMA stated that there had been a 163 percent in 28 day T-bills by July 2013 compared to the same time last year, despite sales of T-bills with a maximum maturation period of three month and six months declining by 63 percent and 83 percent respectively.

Sales of T-bills were also up 35 percent for July 2013 over the previous month, according to the MMA’s figures.

Budget issues

Finance Minister Jihad told Minivan News earlier this year that the state’s increased reliance on T-bills between July 2012 and July 2013 reflected the difficulties faced by the government in trying to raise budgeted revenue during the period.

He added that with only “a few people” in the private sector now interested in purchasing the short-term debt obligation from the government, T-bills has been sold as part of wider investments made by the state through the country’s pension fund.

Parliament in April rejected government-sponsored legislation to raise the airport service charge to US$30, which was among a raft of measures proposed by the Finance Ministry in the estimated 2013 budget to raise MVR 1.8 billion (US$116 million) in new income.

Other proposed measures include hiking Tourism Goods and Services Tax (T-GST) to 15 percent from July 2013 onward, leasing 14 islands for resort development, introducing GST for telecom services as well as oil, and “selectively” reversing import duty reductions.

Opposition’s T-bill concerns

Mahmoud Razee, former Economic Development Minister under the previous government, claimed T-bills should only be used by the state to help cover its operational expenses, rather than serve as a long-term means of financing.

“With income tax revenue having increased according to the Maldives Inland Revenue Authority (MIRA), why have [T-bill sales] gone up? Under the MDP government we were using T-bills to meet our cash flow,” he said. “This had nothing to do with the fiscal deficit.”

Razee argued that while the former government had itself sought foreign loans to balance the financial deficit while in power, the administration of former President Mohamed Nasheed had worked to avoid relying on T-bills for longer-term financial concerns like balancing the national fiscal deficit.

“The moment T-bills are increased, this directly affects loans that banks are able to give to the private sector, leading to the cost of borrowing increasing,” he said.

Razee claimed that the MDP government had attempted to try and extend income tax reforms introduced during its time in office to further boost revenues – a plan he said was cut short by the controversial transfer of power on February 7, 2012.

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Four additional cases sent to state prosecutors over Afrasheem murder

Police have forwarded cases of four additional individuals to the Prosecutor General’s Office (PGO) for their alleged involvement in the murder of MP Dr Afrasheem Ali last year – taking the total number of suspects facing charges over the attack to seven.

Police today confirmed that cases had been filed with the PGO on September 23 against Azleef Rauf, Shaahin Mohamed, Adam Salaah and Abdulla ‘Jaa’ Javid – son-in-law of opposition Maldivian Democratic Party (MDP) Chair ‘Reeko’ Moosa Manik.

Progressive Party of Maldives (PPM) MP Dr Afrasheem Ali was stabbed to death on the night of October 1, 2012, on the staircase of his home.

State prosecutors have previously accused Hussain Humam of going to the residence of Dr Afrasheem and murdering him with a machete and a bayonet knife.

Along with Humam, Ali Shan faces the same charges. A minor identified as ‘Nangi’ meanwhile stands accused of aiding and abetting the murder, after police claimed he had accompanied Humam and Shan to the residence of Dr Afrasheem before the attack.

Previous hearings

In August this year, two police officers testified at the Criminal Court against key suspect Hussein Humam, claiming they had discovered incriminating text messages on his phone during a random search on the night of the murder. The message was said by the police witnesses to discuss a failure to receive a payment the suspect he had been promised.

The police officer did not identify the recipient of the text message during the hearing, alleging that Humam – who they had stopped many times previously – was under the influence of an illegal substance and acting out of character.

Humam had initially denied charges against him in court.  He later confessed to the crime at a hearing held in May, according to a statement read out by prosecutors in the court/ State prosecutors read out the statement in court, which was said to have been given by Humam at one of the initial hearings.

The statement claimed that son-in-law of ‘Reeko’ Moosa Manik, Abdulla ‘Jaa’ Javid, had offered to pay him MVR 4 million for the murder of MP Afrasheem. However at a subsequent hearing in June, Humam retracted his confession claiming that he had been coerced by police.

Humam’s father has also written to the Criminal Court and the Human Rights Commission of the Maldives accusing police of conducting psychological abuse against the suspect, and exerting coercion to make him confess to a crime he did not commit.

Political calls

To mark one year since the attack that killed the MP yesterday (October 1), the PPM called on the country’s courts to expedite trials of all those involved in the case in order to “enforce due justice” on the attackers, according to local media.

The Maldivian Democratic Party (MDP) last month meanwhile condemned alleged insinuations by religious NGO Jamiyyathul Salaf preacher Sheikh Adam Shameem Ibrahim suggesting that the party was behind Dr Afrasheem’s murder.

Following the first round of voting in which the MDP took 45.45 percent of the popular vote and secured its place as front runner in a run-off vote that remains indefinitely suspended by the country’s Supreme Court, the party slammed what it alleged was an “incitement of hatred” by the NGO.

Police investigation

The Maldives Police Services (MPS) announced in October 2012 that the FBI were extending assistance in the investigation of the MPs murder.

Commissioner of Police Abdulla Riyaz later stated during a press conference held in December 2012 that the murder of Afrasheem had been carried out with a political motive, and that the culprits were to be paid MVR 4 million (US$ 260,000).

Riyaz had at the time dismissed claims that the murder was linked to religious fundamentalists, stating “no evidence has been gathered which suggests this murder had a religious motive.”

Soon after the murder police arrested two MDP activists – Mariyam Naifa and Ali Hashim ‘Smith’ – in connection with the attack. Both suspects were later released without charge.

The MDP later accused the government of attempting to frame the party with “politically-motivated arrests” of its members. In November 2012, former President Mohamed Nasheed accused the government of negligence in its efforts to bring the perpetrators to justice.

Last appearance

On the night of his murder, Dr Afrasheem had made his last public appearance on a live talk show on state broadcaster Television Maldives (TVM) titled “Islamee Dhiriulhun” (Islamic Living).

In the program, Dr Afrasheem said he was deeply saddened and asked for forgiveness from citizens if he had created a misconception in their minds due to his inability to express himself in the right manner.

Minister of Islamic Affairs Sheikh Shaheem Ali Saeed was meanwhile quoted in local media as saying that the Islamic Ministry had not forced Dr Afrasheem to offer a public apology for anything in his last television appearance.

Dr Afrasheem’s moderate positions on subjects such as listening to music had drawn stringent criticism from more conservative religious elements, who dubbed him “Dr Ibilees” (“Dr Satan”).

In 2008, the scholar was kicked and chased outside a mosque after Friday prayers, while more recently in May 2012, the religious Adhaalath Party released a statement condemning Afrasheem for allegedly “mocking the Sunnah”.

In a three-page press release (Dhivehi) released on July 10, 2008, NGO Salaf listed Dr Afrasheem’s alleged transgressions and advised the moderate religious scholar to “fear Allah, stop talking any way you please of things you do not know of in the name of religion and [stop] twisting [Islamic] judgements to suit your personal wishes”.

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Indian authorities report hundreds of workers forced from Maldives without wages

The Indian High Commission in Male’ has said it is aware of hundreds of cases over the last three months where its nationals have gone unpaid, before facing deportation or being forced to return home without their earnings.

State institutions and bodies including the country’s Labour Relations Authority (LRA), police, immigration officials and the foreign ministry have all been accused by the high commission of failing to fulfil their duties, and – in some cases – “deliberately encouraging” the mistreatment of foreign workers.

The concerns have been raised by Indian authorities after the Bangladesh government last week temporarily halted migration of its own nationals to work in the Maldives – unless accredited by the state – over fears they were becoming victims of a “section of unscrupulous recruiting agencies”.

In June, the Maldives was placed on the US State Department’s Tier Two Watch List for Human Trafficking for a fourth consecutive year – with the US State Department noting conditions of “fraudulent recruitment, confiscation of identity and travel documents, withholding or nonpayment of wages, and debt bondage”.

Indian High Commission sources – citing the example of the Bangladesh Government – said that its own authorities should now consider similar intervention after increasing instances of workers being denied salaries and basic human rights.

“No employer can take a foreign national’s passport, yet this is happening. Some semi-literate workers who are here cannot draft letters or seek justice. Without pay they cannot go to the Civil Court,” said a commission source.

“So they are having to leave the country either with no salary, or instead compromising and getting just some of the money they are owed. Ultimately their employers just contact agents and then bring new workers to the country.”

Minivan News was last week shown several files containing correspondence by the Indian High Commission detailing its communications with Maldivian private employers who have not provided expatriates their wages, despite accepting that payments are owed to former Indian staff.

The majority of promises for financial reimbursement remain unfulfilled at time of press, with the employees in question having been forced to return home or turn to the high commission for food and support, Indian authorities have said.

Commission support

Indian nationals Santosh Kumar Ram and Harendra Kumar are the latest expatriates forced to leave the Maldives, after unsuccessfully pursuing months of unpaid wages that left them without food or income, and forced to beg their own government for financial support.

An official for the Indian High Commission said that the two men, who had both been in the Maldives since last year, had communicated their concerns on July 22, 2013, alleging they had not been paid by their employer for the final six months of their employment.

Despite the intervention of the high commission, both men – who had been staying in shelter provided by their employer – had been declared absconders by the state, resulting in them leaving the country this week as deportees. Their former employer, who denied responsibility for the two men, did provide return flights for the two Indian nationals, but declined to pay them the earnings claimed to be outstanding.

“This is completely unacceptable,” said a diplomatic source with knowledge of the case.

While provided shelter by their employer – who has denied ever employing Santosh Kumar Ram and Harendra Kumar – the two men have not been given food, relying instead on the commission to ensure they were fed.

The two men had previously sought support at the Department of Immigration and Emigration’s shelter for undocumented workers in Male’, opened this year as part of attempts to offer a more “humane” means of tackling the issue of unregistered foreign workers in the country.

However, the high commission said both expatriates were denied assistance at the shelter as their then-employer, despite not providing food, had given them accommodation.

In a similar case earlier this year, the Indian High Commission said another six of its nationals had been forced to leave the country without four months of salaries they were owed by their employer. The commission argued that they could not afford to remain in the country for ongoing legal action to claim their money.

In a letter seen by Minivan News, one employer said that delayed payments to the six workers was related to the “financial crises”, but promised the Indian High Commission the debt would be settled.

The six affected workers, since returned to India, are still waiting for their earnings at time of press.

High commission sources said that they had also been made aware of semi-literate foreign nationals being sent to other islands by their employers for non-existent work.  Once on another island, they were then being reported as having fled the company with whom they are registered for their visa.

Department of Immigration Chief Executive Officer (CEO) Abdullah Munaaz and Chief Superintendent of Immigration Zubair Muhammad were not responding to calls from Minivan News at time of press.

Minivan News was also awaiting a response from the Foreign Ministry at time of press over the high commission’s concerns.

“Systematic abuse”

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

Foreign low-wage workers are often lured to the country by agents after paying a ‘recruitment’ fee or entering into debt – sometimes as high as several thousand dollars – that is shared between local agents and recruiters in the country of origin, most significantly Bangladesh.

In many cases the workers are then brought into the country ‘legitimately’ by a specially-created paper company, created using the ID of a complicit or unwitting Maldivian national, for the stated purpose of working on a ‘construction project’ of dubious existence.

The exact scale of the Maldives’ unregistered foreign workforce remains unknown, with estimates ranging from between around 40,000 people to potentially double that amount.

In April, Immigration Controller Dr Mohamed Ali confirmed that authorities had targeted the return of 10,000 unregistered workers by the end of the 2013.

The pledge to return a pre-determined number of expatriates was criticised at the time by the Human Rights Commission of Maldives (HRCM), which raised concerns that some workers were potentially being punished for the actions of employers or agents acting outside the law.

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Supreme Court election dispute throws Maldives into legal void

Maldivian lawyers have claimed the country has been thrown into a legal void by the dispute over whether to move ahead with run-off polls scheduled for today (September 28) in defiance of a Supreme Court order.

Speaking to Minivan News, former Attorney General Husnu Suood – who had represented the Elections Commission (EC) in the Supreme Court this week before being thrown out for ‘contempt of court’ – said the dispute had left the country’s ongoing democratic transition in “limbo”.

“I am of the view that all institutions have a duty to uphold the constitution,” he said in response to the EC’s efforts to hold voting within the time line established under Article 111 of the constitution.

“According to the constitution, the Supreme Court’s word is final only in respect of the interpretation of provisions of constitution and law. Here, the Supreme Court had not given an interpretation on Article 111. However, Judicature Act says that all state institutions must abide by the rulings made by courts.”

Meanwhile, lawyer Mohamed Shafaz Wajeed today told Minivan News that there was no clear argument for whether the Supreme Court could indefinitely delay voting beyond the scheduled deadline requested under Article 111 of the constitution.

“In terms of whether the Supreme Court could rule to postpone a constitutional date, such dates have not been met before,” he said of previous elections held in the country.

“At the same time, the Supreme Court itself has ruled that time should be considered of the essence unless there exists a state of war. So it could be argued for both sides,” said Shafaz.

Elections Commissioner Fuwad Thowfeek confirmed on Thursday (September 26) that the second round of the presidential election would be held as originally scheduled today in accordance with Article 111 of the constitution. Article 111 requires a vote to be held within 21 days of a first round poll.

Besieged by police on Friday night, the EC eventually declared that polling could not go ahead within the constitutionally mandated time frame due to a lack of cooperation from state institutions and security services.

Thowfeek’s initial decision to hold the vote was taken in defiance of a Supreme Court ruling issued Monday (September 23) ordering all state institutions to delay preparations for the poll until it reached a verdict in a case filed against the EC by the Jumhooree Party (JP).

However, the Supreme Court yesterday quoted Article 141 and Article 145 of the constitution – arguing that it remained the highest authority on the administration of justice in the Maldives, as well as the interpretation of the constitution, or any other matter dealt with by a court of law.

The Supreme Court case filed by the JP is ongoing, with a final verdict expected during the next hearing.

Constitution is supreme

Another local lawyer, who has practiced in the Maldives for the last five years, said the Supreme Court has on numerous occasions been found to have “flouted” provisions contained within the constitution relating to the scheduling of a number of elections held since 2008.

“It is the constitution in the Maldives that is supreme, and the Supreme Court has no basis to go against it,” the legal source explained.

The lawyer pointed to a Supreme Court verdict passed in January 2009 under Article 296 (a) of the constitution that parliamentary elections had to be held by February 15 that year unless prevented by an “act of God”.

The vote was eventually held in May of the same year.

According to the legal source, the legitimacy of any actions since taken within parliament were themselves constitutionally “questionable”.

However, the lawyer expressed his personal belief that the MDP should have awaited a final decision by the court in the case filed by the JP, after joining the case last week, fearing any attempts to hold an election “against the state” could have resulted in possible military intervention.

The source also reiterated concerns over the failure of watchdog body the Judicial Services Commission (JSC) to recognise Article 285 of the constitution, outlining standards for the appointment and qualification of judges, after the provision was discarded as “symbolic” by in 2010.

The source also pointed to recent controversy concerning ongoing investigations into leaked video tapes appearing to depict Supreme Court Justice Ali Hameed engaging in sexual relations with foreign women as another development undermining the apex court.

With Ali Hameed still remaining on the bench despite the ongoing investigation into his conduct, the legal source questioned the MDP’s decision to willingly join the case filed by the Jumhoree Party at the Supreme Court, rather than refusing to engage or validate the institution instead.

“Once you accept [the Supreme Court’s jurisdiction] you have to accept the verdict after joining the case,” the lawyer argued.

The legal source nonetheless did not rule out the Supreme Court “playing politics” and trying to provoke the MDP by failing to reach a conclusion ahead of the scheduled second round.

The source also raised questions over why the court had heard witness statements over three days rather than at a single hearing.

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Tourism workers’ association commits to “prolonged” strikes if Maldives vote delayed

The Tourism Employees Association of the Maldives (TEAM) has threatened “prolonged” strike action at resorts across the Maldives should the second round of the presidential election not be held as scheduled on September 28.

In a statement released today, TEAM – an industry body representing some 5000 workers across the country’s luxury resorts – said the Supreme Court order issued Monday (September 23) delaying the run-off vote “destroys the principles of democracy we have embraced and voids articles of the constitution.”

“Given that a majority of our members desire the second round of elections to be held on September 28, we call on the Supreme Court and relevant state institutions to uphold the constitution, to aid the election and not to hamper it,” TEAM stated.

“With due respect, we would like to inform the relevant authorities that if this does not happen, that if [the election] is delayed, it will adversely affect our members, and we will not hesitate to hold a prolonged strike to strengthen democracy and uphold human rights.”

TEAM’s statement came a day after the resort industry body, the Maldives Association for Tourism Industries (MATI), issued a statement warning of “irreparable consequences” to the Maldivian economy unless the run-off election is expedited.

“It is absolutely important to expedite the election and settle the issue or else there would be irreparable consequences to the Maldives, and especially to tourism which is the backbone of the economy. Therefore, it is important for everyone to see the importance of this in the interest of the country at large,” said MATI Chairman M U Manik, one of pioneers of the country’s 40 year-old tourism industry.

MATI’s statement was issued following Maldivian Democratic Party (MDP) candidate Mohamed Nasheed’s call for tourism workers – predominantly MDP – to strike should the run-off election scheduled for September 28 was delayed.

Nasheed emerged as the front runner in the first round of polls – held September 7 – with 45.45 percent (95,224 votes), followed by Progressive Party of Maldives (PPM) candidate Abdulla Yameen who received 25.35 percent (53,099 votes).

JP candidate and resort tycoon Gasim Ibrahim narrowly missed out on the run-off with 24.07 percent (50,422), and contested the results at the Supreme Court alleging electoral fraud despite unanimous positive assessments of polls by local and international election observers.

The ongoing Supreme Court case has now heard the closing arguments from representatives of the JP and Elections Commission, with a verdict scheduled for the next hearing.

Industry significance

The tourism industry is indirectly responsible for upwards of 70 percent of the Maldives’ GDP, and a substantial majority of Maldivian resort workers support the MDP.

Results from resort ballot boxes in the first round revealed overwhelming support for the MDP’s candidate, even at many properties owned by Nasheed’s political opponents such as Vice President Waheed Deen’s Bandos Island Resort (51 percent MDP).

The trend was particularly notable at prominent international chains in the luxury tourism sector, famous for providing relaxing and idyllic escapes for honeymooners, including Sheraton Maldives Full Moon Resort and Spa (58 percent MDP), Dusit Thaani Maldives (73 percent MDP), Conrad Maldives Rangali Island Resort (62 percent MDP), and One and Only Reethi Rah (75 percent MDP).

Tourism Minister and PPM Deputy Leader Ahmed Adheeb meanwhile told local media this week he would not allow politicians to sacrifice the tourism industry and its workers, and appealed to staff not to strike.

“They plan and involve the tourism industry every time there is political turmoil, every time things do not happen as they want. They called for a tourism boycott in international media. There were effects from that. We are seeing the same thing now. We cannot allow any politician to involve the tourism industry in politics. We cannot allow politicians to sacrifice the tourism industry and its workers every time things are politically turbulent,” he told newspaper Haveeru.

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Bangladesh halts worker migration to the Maldives

Bangladesh has temporarily blocked its nationals from migrating to the Maldives – an action described by one key local employer as a response to decades of failure by Maldivian authorities to deal with “human trafficking” and labour management.

The ‘Dhaka Tribune’ newspaper reported yesterday (September 23) that the country’s Bureau of Manpower, Employment and Training (BMET) had decided to halt migration to the Maldives over concerns nationals were arriving in the country only to find promised jobs were not available.

It was believed that Bangladesh nationals were – in certain cases – becoming unwitting victims of a “section of unscrupulous recruiting agencies,” the report added.

BMET Director General Shamsun Nahar was quoted in local media as claiming that the number of workers from Bangladesh within the Maldives was thought to be at the “maximum limit” for such a small country.

The High Commissioner of Bangladesh in the Maldives, Rear Admiral Abu Saeed Mohamed Abdul Awal, today confirmed that the decision was made to check on the eligibility of workers.

“This is a temporary measure for review, genuine job seekers will be allowed to come through the proper procedure,” he said, adding that there were no plans to inspect the wider employment practices of Bangladesh nationals in the country.

Maldives Immigration Controller Dr Mohamed Ali said he had not received any notice of the decision, while other sources in his department were only aware of the matter through media reports.

Foreign low-wage workers are often lured to the country by brokers, paying a ‘recruitment’ fee – sometimes as high as several thousand dollars – that is shared between local agents and recruiters in the country of origin.

In June, the Maldives was placed on the US State Department’s Tier Two Watch List for Human Trafficking for the fourth consecutive year – the US State Department noting conditions of “forced labour: fraudulent recruitment, confiscation of identity and travel documents, withholding or nonpayment of wages, and debt bondage” of expatriate workers.

Employer view

Former Maldives Association of Construction Industry (MACI) President Mohamed Ali Janah said he was “shocked” by the position taken by Bangladesh authorities to halt migration.

“This represents the ongoing failure of labour management in the Maldives over the last two decades,” he said. “We have seen rampant corruption in how the labour management business has been run by organised criminals for a long time.”

Janah alleged that, as a result the action by Bangladeshi authorities this week, many businesses in the industry were likely to suffer “collateral damage” from the impact on the available foreign workforce.

“We need at least 2,000 to 3,000 workers in the next two weeks for a number of projects overseen by my company,” he said.

Janah said that while his company wished to employ a larger number of Maldivian staff, even if he paid wages of MVR10,000 (US$650) he claimed there was limited interest among the local population to be labourers.

While Janah estimated earlier this year that the country’s illegal foreign workforce was potentially at 100,000 people, he said the failure to implement a functioning system of labour management in the Maldives had made it hugely difficult to find legitimate workers among the expatriate population.

“Why would we want to hire potentially illegal labour, we don’t know who these people are,” he said. “We have a huge number of projects in the country right now, so we will have to find the people to work, even if it is from China or Cambodia or another country.”

According to Janah, the alleged mismanagement of foreign labour in the country could be resolved within months if local authorities took a genuine effort to resolve the problems through measures such as proper screening of foreign nationals or even DNA testing.

He argued, however, that such a focus would require an elected government with a democratic mandate to conduct such work.

Earlier this year, the Immigration Department confirmed that authorities had targeted the return of 10,000 unregistered workers by the end of the year.

This pledge to return a predetermined number of expatriates was criticised at the time by the Human Rights Commission of Maldives (HRCM), which raised concerns that some workers were being punished for the actions of employers and agents acting outside the law.

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