Author: Neil Merrett

“Radical Islam” undermining Maldivian civil rights: Helios Life Association

“The growing political and institutional influence of radical Islamic groups has undermined the Maldives’ progress towards realisation of rights guaranteed under [The International Covenant on Civil and Political Rights (ICCPR)]”, according to a report compiled by the Helios Life Association (HLA) NGO.

The claims were made in a report entitled: “Maldives: Sudden Reversals in the Implementation of ICCPR Commitments”, which alleges an “alarming increase” in the violation of human rights outlined within the ICCPR that was adopted by the Maldives back in December 2006.

The report by HLA – a non-profit NGO from Switzerland- will be among several documents submitted to a hearing of the UN Human Rights Committee (UNHRC) in Geneva on Thursday (July 12).

The UNHRC has already identified key issues to be taken up with the Maldives concerning its commitments to the ICCPR. A document outlining these issues – drawn from the country’s Universal Periodic Review (UPR) (with submissions from government, HRCM and civil society), was published in August 2011 – prior to the controversial change of government and fresh allegations of police brutality and attacks on journalists.

The government of President Dr Mohamed Waheed Hassan, which came to power through a controversial transfer of power on February 7, responded to the list of issues earlier this month, ahead of its session with the committee this week.

Representatives of the Waheed administration including  Home Minister Dr Mohamed Jameel , State Minister for Foreign Affairs, Dunya Maumoon and the Maldives’ Permanent Representative in Geneva, Iruthisham Adam, will be present during Thursday’s session to discuss the country’s human rights commitments.

ICCPR in the Maldives

In discussing the role of the ICCPR and human rights issues in the Maldives, the HLA report said that a new constitution adopted in the country on August 8, 2008, paved the way to implement “most of the rights” outlined in the covenant.

However, the report did note some exceptions to the ICCPR, including sections of Article 18, – “Everyone shall have the right to freedom of thought, conscience and religion” – that it alleged had directly impacted a number of other articles in the covenant.

“The fall of the old autocratic regime following the first free and fair elections in the Maldives in October 2008, provided a further boost in the observation of the rights protected under the Covenant,” the report claimed. “An example of this was the agreement during the Maldives’ Universal Periodic Review (UPR) to address a number of concerns relating to non‐compliance with Article 18.”

In responding to issues raised with the UN on the right to freedom of thought, conscience and religion, the Maldives government said that “the reservation states that the application of the principles set out in article 18 will be without prejudice to the Constitution of the Maldives. Chapter II of the Constitution on fundamental rights and freedoms does not include, among the rights guaranteed, freedom of thought, conscience and religion.”

The HLA report also highlighted “concerns relating to the competence, independence and impartiality of the judiciary,” an issue central to the events leading up to February’s transfer of power following the controversial detention of a serving Criminal Court Chief Judge. The detention saw former President Mohamed Nasheed’s government criticised around the world.

December 23

Drawing attention to what the report called the “institutional influence of radical Islamic groups”, HLA claimed that the law on Religious Unity, implemented back in September 2011 under the Nasheed administration, had impinged on parts of Article 19 of the ICCPR relating to human expression.

“This growing radicalisation resulted in the creation of a coalition of political parties in December, called the 23rd December Coalition for the Defence of Islam. As well as extremist religious elements, the 23rd December Coalition comprised of a range of political groups and individuals linked to the country’s former autocratic leader, Mr Maumoon Abdul Gayoom,” the findings added.

“The Coalition had been formed in direct opposition to the observance of international human rights law, particularly to the undertaking given at the UPR process that a national debate will be held on ending forms of punishment not consistent with Article 7.”

HLA also drew attention to the visit of the UN High Commissioner for Human Rights Navi Pillay to the Maldives and calls she made for debate on the issue of public floggings, particularly for women. The calls were derided by the December 23 coalition at the time.

“The [December 23] Coalition proceeded to carry out a coup d’etat on February 7, which was executed by elements of the army and police loyal to Mr Gayoom, his close allies and former members of his government, and other parts of the 23rd December Coalition, following a call by the then Vice‐President, Dr. Mohamed Waheed, to ‘defend Islam and the Constitution’”, the report alleged.

“The coup saw elements of the police and army threaten the Maldives’ first democratically‐elected President, Mr Mohamed Nasheed, his family and colleagues from the ruling Maldives Democratic Party (MDP), with physical harm or worse unless he resign by a certain time.”

Dr Waheed has always denied accusations that his coalition unity government came to power illegally, claiming his appointment to the presidency was constitutionally mandated upon the resignation of former President Mohamed Nasheed.

Shortly after his resignation, Nasheed contended that he had been forced to resign under duress – calling for fresh elections.

“Undue control”

Since February’s transfer of power, the report added that former opposition parties involved in demonstrations and activities associated with the December 23 movement were now part of the coalition government, while only one major political party in the form of the MDP stood as opposition in parliament.

HLA’s findings alleged that the coalition now exercised “undue control” over the national judiciary, whilst occupying the executive and holding a combined parliamentary majority in the People’s Majlis.

“It also asserts undue influence over over‐sight bodies such as the Human Rights Commission (HRCM), the Police Integrity Commission and the Anti‐Corruption Commission (ACC). Consequently, the opposition and its supporters find themselves victimised without proper recourse to redress,” the report claimed.

HLA claimed that a “significant rise” in political violence had also followed the transfer of power amidst accusations that law enforcement agencies were not investigating crimes by bodies of gangs linked to government-aligned politicians, focusing instead on potential felonies committed by opposition figures.

“The perpetrators of these violent crimes remain at large whilst the courts are filled with political protesters who face criminal charges,” the report added.

Public order

In looking at the present government’s commitments to freedom of assembly, freedom of speech and freedom of expression, the report noted that “legitimate public order concerns”  regarding ongoing demonstrations had been raised during a series of All Party Talks that last convened back in June. However, HLA claimed that a number of other issues raised during the talks appeared to target negating certain “fundamental rights” in this regard.

“It has become routine, once again, for the president and senior members of the government to equate dissent with terrorism, as in numerous public speeches made by the president,” the report stated.

HLA added that allegations of torture as well inhuman or degrading treatment were also on the increase following February’s political upheavals, pointing to claims made by female anti-government protesters.

As well as the use of high power water canons by police during March 2012, allegations were also raised by that some women had been sexually molested or suffered other “degrading punishments” following arrest in the first few months following the transfer of power.

The allegations in the report were based on testimonies from several women aged between 22 and 49 years of age.

Meanwhile, HLA’s findings claimed that the issue of debating flogging, a practice also conducted during Nasheed’s administration, had been deemed by MPs, the judiciary, local NGOs and representatives of the former government as “unconstitutional”.

“On November 25, 2011, the Chief Justice himself publicly rejected a call to implement the commitment given during UPR with regard to ending flogging as a form of punishment,” the report claimed.

The present government has responded that, while corporal punishment was not explicitly prescribed in the penal code, it was administered for “certain offences prescribed in Sharia.”

“The government is, however, looking at ways to ensure that the punishment is not applied in a discriminatory manner. At present, women are far more likely to be publicly flogged than men – mostly because of outdated court procedures such as reliance on confessions rather than forensic evidence – though as noted above this is changing,” the Waheed administration stated in its official response to the UN.

Arbitrary arrest

Considering Article 9 of the ICCPR, which relates to “liberty and security of person” and the prevention of arbitrary arrest or detention, the report also discussed the actions of the Maldives National Defence Force (MNDF) under the Nasheed administration to seize Criminal Court Chief Judge Abdullah Mohamed.

The detention, which the the government claimed had been made over concerns about “national security” owing to allegations that Judge Abdullah was involved in perjury and “blatant collusion” with the previous administration, was widely criticised by international bodies at the time.

Since February, the HLA claimed that some 400 protesters had reportedly been “arbitrarily detained”.

“There is serious concern that nearly everyone who has been charged is facing fabricated charges. A pattern has developed whereby people are arrested without any explanation being given as to the grounds of their detention,” the report claimed. “They are then asked to provide a urine sample and accused of having taken drugs or drunk alcohol. They are also often presented with a pre‐prepared confession and asked to sign it. All of this takes place while the detainees are denied access to a lawyer. “

Judiciary

HLA also stressed concerns over a “lack of independence and professionalism” within the country’s judiciary, which was claimed to be setting back the country’s obligations under the ICCPR.

Along with criticisms of the effectiveness of watchdog body, the Judicial Service Commission (JSC) – particularly in the regards to Criminal Court Chief Judge Adbullah Mohamed – the capacity of the country’s Supreme Court was also questioned.

“The Supreme Court of Maldives consists of seven judges. Six of whom, including the chief justice, are only trained in sharia law,” stated the report. “They do not have a well‐grounded understanding of international human rights law. They have articulated positions that are contrary to the fundamental rights guaranteed under the ICCPR.”

“Religious hatred”

HLA alleged that there had also been an increase in the reporting and incitement of acts of “religious hatred” including anti-Semitism.

The NGO’s report pointed to incidents including attacks on participants of a silent protest calling for religious freedom in December 2011. One of the participants attacked in December, Prominent Maldivian blogger and journalist Ismail ‘Hilath’ Rasheed, was stabbed in the neck just last month before fleeing the country after partly recovering from his injures. He later alleged the attack was the work of Islamic radicals.

HLA also singled out the publication of a pamphlet by the Dhivehi Qaumee Party (DQP), whose members now hold some senior government positions, entitled: “President Nasheed’s devious plot to destroy the Islamic faith of Maldivians” and an attack on pre-Islamic period Maldivian artefacts in a Male’ museum as further examples of the spread of religious hatred.

“In January 2012, efforts by the police to investigate incitement to religious hatred were blocked by the Chief Judge of the Criminal Court Abdulla Mohamed, triggering a sequence of events that resulted in the displacement of the elected government by the members of the December Coalition in a coup d’etat,” the report added.

Media freedom

Helios reported that despite a period of “relative improvement” in the right to freedom of expression in the country, there were concerns that such developments had been set back in recent months.

“After a period of relative improvement in the right to freedom of expression, there has been serious retraction in this regard in recent months. Subsequent to the coup, there has been harassment of journalists and media outlets that criticise the new Government,” the report alleged. “This has led the UN Special Rapporteur on the right to freedom of expression to place the Maldives on his watch-list of countries where there has been a rise in harassment and attacks against journalists.”

Aside from reports of sections of the police and military seizing and re-branding state television and radio on February 7 without any judicial warrant, concerns were also raised that artists, musicians and users of social networking websites allegedly continue to face threats from law enforcement authorities for expressing dissent against the government, the report added.

“The president, speaking on 24 February 2012, branded those who ‘defame the Government’ as ‘traitors’. His Press Secretary, Mr Abbas Adil Riza, has condemned on several occasions those who have called for international sanctions on regime leaders,” the report claimed.

HLA also raised issue with claims that the Ministry of Education back in March issued a “compulsory directive” for curriculum textbooks to class the transfer of power as a legitimate act – without the conclusion of a Commission of National Inquiry (CNI) set up by the government to probe the circumstances of February 7.

The Waheed administration has nonetheless denied the harassment and intimidation of journalists. Instead, it contended that “media freedom has remained steady with the constitution protecting freedom of expression but also restricting freedom of speech contrary to the tenets of Islam.”

While the government blocked websites controversial to Islam, it “is working to ensure the media is free to tackle any subject. It was by the current administration of President Dr Waheed Hassan who took office in February 2012 that Maldives National Broadcasting Corporation was handed over to the Parliament-created Maldives Broadcasting Corporation that had ended executive control of the media.”

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Government ponders voluntary tourist contributions to fuel US$100 million green energy fund

A proposed tourist “tax” aimed at raising US$100 million to assist the Maldives’ carbon neutral aims would likely be implemented as a “voluntary contribution” scheme for foreign visitors, Minister of Environment and Energy Dr Mariyam Shakeela said today.

Dr Shakeela, who was recently approved by parliament to head the newly established Ministry of Environment and Energy, said that the scheme was presently being considered in the form of donations collectable from tourists visiting the country.

“We have not agreed anything yet, but the plan would be to set up a voluntary contribution programme to aid environment protection here,” Shakeela said, adding that the fund could be maintained and run in a similar manner to health and wealthfare charities.

While no agreement has yet been finalised on seeking support for the Maldives’ green aims through its lucrative tourism industry, representatives for the President’s Office today said there was reluctance to place further mandatory charges on foreign guests.

The comments were made as President Doctor Mohamed Waheed Hassan today discussed the future of the country’s sustainable initiatives, and played up commitments to become carbon-neutral by 2020.  The carbon neutral pledge was initiated by his predecessor Mohamed Nasheed.

However, following the controversial transfer of power that brought Waheed’s government to office in February – an act Nasheed later alleged was a “coup d’etat” – the key minds behind a risk-mitigated renewable energy investment devised for the previous administration raised concerns about the viability of a large scale national sustainable commitments at the present time.

Mike Mason – a former mining engineer and expert on renewable energy who served as Energy Advisor for Nasheed’s administration on a reportedly unpaid basis, alleged political uncertainty since February had derailed interest in fundng. Mason, who outlined a detailed alternative power strategy and funding plan set to be signed into place on February 7 this year, claimed capital investors who had been “queuing up” to assist the project made their excuses and declined assistance after the transfer of power.

At the same time, former President Nasheed’s Climate Change Advisor – UK-based author, journalist and environmental activist Mark Lynas told Minivan News last month that the loss of democratic legitimacy in the Maldives had destroyed its ability to make a moral stand on climate change-related issues, and be taken seriously.

“I think that the Maldives is basically a has-been in international climate circles now,” said Lynas, who drew a monthly stipend of Rf10,000 (US$648) for expenses whilst serving in his position.  “The country is no longer a key player, and is no longer on the invite list to the meetings that matter. Partly this is a reflection of the political instability – other countries no longer have a negotiating partner that they know and understand,” he said.

Reserve strategy

President Waheed himself used last month’s Rio +20 global summit to commit the Maldives to become the world’s largest marine reserve within the next five years five.

Speaking at the summit, the president also pledged that the Maldives would “cover 60 percent of our electricity needs with solar power, and the rest with a combination of biofuels, other clean technologies and some conventional energy.”

In clarifying details of his government’s sustainable plans, Waheed told Reuters today that as opposed to enforcing a US$3 mandatory tax on tourists to fund his government’s own carbon neutral policies, a voluntary fund targeting a sum of around US$10 per visitor was being considered.

“I believe most of the tourists who come to the Maldives are environmentally conscious and quite happy to make a contribution towards making the Maldives carbon neutral,” he added.

To compliment its desired aims to match the previous government’s carbon neutral objectives, Waheed explained to Reuters that the country required more investment in environmentally friendly buildings, as well as a move away from its heavy dependence on fossil-fuel powered transportation.

“We are a little bit behind schedule (on the renewables plan) but we hope we will be able to catch up over the next 5 years or so,” Waheed said.  “Male’ is not the most ideal island location right now – it doesn’t have ‘green’ buildings but a lot of companies are interested in developing them.”

The article also drew attention to the country’s resort industry, reporting that seven of the country’s 100 secluded island properties were presently considered “ecofriendly” in regards to efforts to cut down their carbon footprints. One resort is also expected to obtain carbon neutral status as of next year.

Reuters added that the present government was also looking to receive a sum of US$30 million from Climate Investment Funds that would help “leverage” US$120 million in capital to establish renewable developments across the nation.

Tourism “burden”

Addressing Dr Waheed’s comments today, President’s Office spokesperson Abbas Adil Riza said that the voluntary charge for tourists to help fund the country’s green efforts remained at the proposal stage.

Abbas added that the exact mechanics of how the potential funds would be paid and overseen therefore were yet to be developed.

According to the President’s Office, with tourists already facing a US$27 charge for an airport development project and a six percent Tourism-GST (TGST) on goods and services purchased during their stay, there had been reluctance to further “burden” the industry with more charges.

Resorts in the Maldives have previously expressed concern about the potential increase in T-GST to 12 percent, among several measures the International Monetary Fund (IMF) has said are urgently needed to offset the Maldives’ spiralling budget deficit.

Abbas had previously stressed that the government was committed to “not completely” reversing the Nasheed administration’s zero carbon strategy: “What we are aiming to do is to elaborate more on individual sustainable issues and subject them to national debate. Previously, these discussions on sustainability were not subjected to a national debate, such as through parliament,” Abbas said.

Election calls

Speaking to the Huffington Post news service earlier this month, former President Nasheed said he believed the controversial nature of the transfer of power in February meant that fresh general elections were presently the most important aspect to any successful climate change adaptation plan.

“Without democracy, you’d be making the wrong decisions at the wrong time,” Nasheed claimed, raising concerns that carbon neutral plans n the Maldives were now “stuck”.

In the months following his controversial resignation, Nasheed visited the US to raise awareness on the current political upheaval in the country, as well the documentary film, “The Island President” in a tour that saw him appearing on prime time TV and at talks across the country.

The documentary film chronicles his government’s ambitious pledge to become a carbon neutral nation by 2020, and has received increased global coverage since Nasheed was removed from office.

Whilst still in office back in November 2010, Nasheed claimed that failure to meet the country’s ambition aims of being an entirely carbon neutral nation would be a “disaster” for the country.

International perspective

Despite Nasheed’s high-profile climate activism, Greenpeace told Minivan News in 2010 that the Maldives acted more “as a symbol than a practical demonstration” of how national development and fighting climate change can be mutually exclusive.

“The Maldives can become a strong proponent of a paradigm shift in the World Bank and in developing countries whereby it is recognised that fighting climate change and promoting development go hand in hand,” said Wendel Trio, Climate Policy and Global Deal Coordinator for Greenpeace International.

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Superboys and supergirls at heart of charity focus ahead of Ramazan

It is a fairly uncommon site in Male’, if not anywhere else in the world.  A young Superman is sliding down the banisters of the capital’s national stadium, closely followed by a no-less fearless Snow White, several fairies and a princess, all while several marching bands provide a regimented soundtrack to the high-energy goings-on.

Rather than a colourful breakdown of order in Male’ amidst present political tensions, the event held in the capital yesterday represents attempts by a growing number of NGOs to provide fundraising and awareness programmes aimed at children in the run-up to the holy month of Ramazan that begins in August.

Local NGO Tiny Hearts of Maldives and the Advocating the Rights of Children (ARC) organisation have both this weekend launched initiatives designed to capitalise on the charitable spirit said to be at the heart of Ramazan.

Tiny Hearts race

Tiny Hearts, which was set up three years ago to help local youngsters suffering with Congenital Heart Defects (CHD), yesterday organised a fancy dress run attended by 400 pre-school children.  The event was supported by a number of organisations like the Diabetic Society of Maldives, Maldivian Red Crescent, the Scout Association of Maldives and the Maldives Girl Guide Association.

Five pre-schools participated in the race, including the Galolhu Madhrasa, Hulhumale Preschool, Maafannu Madharsa, Sheikh Abdul Rahman Preschool and Zaailing Preschool.

Music during the event was also provided by the brass bands of Iskandhar School, Jamaaludheen School and Imaadhudheen School.

According to the local charity, the ‘Race for Tiny Hearts 2012’ project was focused mainly on promoting physical activity in young Maldivians, whilst trying to encourage parents to do more at the family level to promote heart health.

Having previously been involved with high-profile attempts in the country to raise funds for its work, including an ultimately unsuccessful attempt to make the record books last year, CHD was not the sole focus of yesterday’s event for Tiny Hearts.

The charity nonetheless said that it had been able to raise awareness of both its own and other charitable organisations’ commitments and aims during the two hour event.

“We aimed and managed to engage various other institutions to work actively alongside charitable organisations to achieve goals that benefit society,” Tiny Hearts stated.

While yesterday’s series of races served as a fun family event for participants, Tiny Hearts has claimed that during the last three years, it has not only provided advice and awareness campaigns regarding CHD, but to also provide logistical and financial support in ensuring there is hope for child sufferers of heart defects.

The NGO estimates that 250 CHD patients have been able to fly abroad for specialist surgeries and healthcare, while the group has also worked to bring paediatric cardiologists to the Maldives for more direct assistance.

ARC Ramazan collection scheme

Yesterday also saw the ARC charity launch its 2012 Ramazan collection campaign designed to collect goods and other essentials for children of all ages that are raised in shelters.

A spokesperson for the charity today told Minivan News that the scheme, which had also been run back in 2011, was designed to aid the work of three key children’s shelters in the Maldives.   These shelters include; Kudakudhinge Hiya on Villingili, the Education and Training Centre for Children (ETCC) on Maafushi and Feydhoo Finolhu’s Correctional Training Centre for Children.

“Ramazan in the Maldives is a time where the majority of people went to help others and are in a giving mood. We have aimed this for now, as families will be buying lots of new things and we ask them to think of less fortunate children,” an ARC spokesperson said.

“We ran this project last year as well and found a lot of interest in people wanting to help, though not knowing how to. We looked at the needs of these shelters and have compiled a list. Collections opened yesterday (July 6) and will continue until next Saturday (July 14).”

The collections are taking place at the ARC office located on the second floor of M. Nooraaneeaage on Orchid Magu in Male’. Collection hours are between 2:00pm to 6:00pm from Saturday until Thursday. On friday, collection will occur between 4:00pm and 6:00pm local time.

According to the charity, the collection will take a large range of goods from clothing and apparel, to toiletries, toys, foods, books and stationery.

A full list of the goods needed can be read here.

Looking to its aim for the year ahead beyond Ramazan, a spokersperson for ARC said the organisation did not have a clear strategy regarding specific fund-raising events.

“We tend to work on a project-by-project basis, which has mainly seen us helping the shelters such as through capacity building initiatives and providing Parental Effectiveness Training (PET) projects for care-workers. It is important to support these care-workers as they are effectively parents to children as these shelters,” the spokesperson said.

ARC is presently involved in establishing a 
PET
 scheme amongst staff at the ETCC
 site in
 Maafushi.

The programme, which is being overseen by certified instructors has been devised by the charity in an attempt to give caregivers the means to better understand and deal with issues facing the children they look after. A similar PET programme was provided at Kudakudhinge
 Hiya in July 2011, the charity added.

Alongside focusing on national awareness projects relating to areas such as health and nutrition and child abuse, ARC claimed it also had a secondary function of providing sports programmes in fields such as badminton and chess to children living in the environment of a shelter.  The charity has also been involved in the provision of additional assistance and tutoring to assist underprivileged children with their school work and studies.

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Time “not right” to amend Freedom of Assembly bill, MDP claims

The opposition Maldivian Democratic Party (MDP) has said it is opposed to a Freedom of Assembly bill accepted for discussion this week by the People’s Majlis – despite praising the overall nature of the legislation.

According to local media reports, 41 ministers out of 62 present during a vote this week favoured tabling the bill, which was proposed earlier this year by the independent MP Mohamed Nasheed. The bill is said to have been devised in a bid to clarify the rights and responsibilities of both protesters and authorities policing them.

MDP Spokesperson and MP Hamid Abdul Ghafoor told Minivan News that while the party believed the proposed bill was a “good piece of legislation” – the time was deemed “not right” for such amendments to be made to the existing law.

The MDP has continued to allege that the government of former President Mohamed Nasheed was ousted in February through a “coup d’etat” supported by mutinous elements of the police and military. Hamid contended therefore that amendments to police controls in the present political environment would not be supported by the party.

“We continue to maintain that the police are not a legitimate body due to their role in the coup,” he claimed. “This is a good piece of legislation to implement with a legitimate police force, but we believe that [the security forces’] role in the coup was such that this is not the time to get the bill passed. It would simply serve for authorities to gain leverage and take away the democratic gains made in the country in the last three years.”

“Up the ante”

With parliament now reportedly discussing whether the bill should be sent for evaluation through a temporary or permanent committee, Hamid added that the MDP was itself preparing to “up the ante” in terms of the protests it has been holding over the last few months concerning the legitimacy of President Mohamed Waheed Hassan’s government.

“At the moment, the mood in the party is to intensify the protests,” he said. We continue to believe that the present government is not legitimate and we will continue to protest this within legal means under the eyes of the law. The courts have not yet been able to rule against the freedom of assembly,” he added.

According to Hamid, with the MDP continuing to conduct protests on a weekly basis, there remains suspicion that the new bill was being prosed simply to stymie and “squash” the right to protest in the country – a claim denied by those behind the proposed legislation.

The opposition party’s supporters again yesterday marched around Male’ past sites including police and Maldives National Defence Force (MNDF) barracks – albeit on a slightly modified route – to reflect what they claim is growing impatience with the Waheed administration.

Following the transfer of power in February and President Waheed’s delayed innagural address to parliament a month later, there have been incidents of violent clashes between police and anti-government protesters – particularly in the capital of Male’. Since these events, clashes between the police force and the MDP have been reported to be much more sporadic and small scale.

Hamid claimed that the MDP was not going out with the intention to confront police officers, alleging that some law enforcement officials had in recent weeks attempted to incite violent clashes themselves.  He pointed to an incident last month where police marched straight through a large gathering of demonstrators including former President Nasheed as an example of this allegation.

Coalition view

In considering the implications of parliament approving the Freedom of Assembly bill, Deputy Leader of the government-aligned Dhivehi Rayithuge Party (DRP) Ibrahim Shareef said Thursday evening (July 5) that it continued to support freedom of assembly and would voice changes to the bill where it believed they were required.

“As a party, we have not discussed [the bill] yet.  As far as we are concerned the bill is about regulation regarding protests,” he said.

Shareef added that the parliamentary vote held this week was simply over whether the proposed changes should be tabled for discussion among MPs. He added that the legislation was now being looked at before being submitted for committee review, where the specifics of the bill would be debated further.

MPs Ahmed Mahloof and Ahmed Nihan of the Progressive party of Maldives (PPM) – a coalition partner of the DRP – were not responding to calls at the time of going to press regarding their opinions of the bill.

Proposed changes

Upon introducing the bill back in April, independent MP Nasheed said new legislation was required to replace the current regulations concerning freedom of assembly devised before the current constitution was put in place.

The proposed bill is based largely on guidelines published in 2010 by the European advisory group on constitutional law, the Venice Commission (officially called the European Commission for Democracy Through Law). The guidelines argue that any restrictions to freedom of assembly must consider legality, necessity and proportionality.

The unusual nature of the country, Nasheed argued, requires that “absolute” restrictions on static protests remain around the state’s vital institutions, in particular those areas on Republican Square which affect the security forces’ ability to operate.  These require an area of 200ft to the front and 50ft to the side of police and military headquarters to be prohibited from static protests, such as sit-downs. Other military barracks require a protective zone of 50ft; other police facilities, 25ft.

The police protest on February 7 that led to the downfall of former President Mohamed Nasheed’s government took place outside the MNDF’s headquarters.

Additionally, the bill suggests that a minimum distance of 25 feet be maintained from mosques, schools, hospitals, court buildings, the President’s Office, the President’s house, and from parliament. The proposed bill places no restrictions on moving protests.

Concerns were raised in May about protests being held near to the country’s mosques after a group of people said to be MDP supporters obstructed a sermon held by prominent religious scholar Sheikh Ilyas Hussain.

The only time-based restrictions under the bill are those that proscribing protests outside of an individual’s home after 10pm, and those that use loudspeakers after 8pm.

Nasheed was also keen to point out that new bill, and the timing of its submission, had been unrelated to the controversial transfer of power earlier this year. He stated that he had been working on the bill since 2010 and had completed a first draft last year.

He was realistic, however, about the difficulties the bill would face.

“People who are protesting will be unhappy with any restrictions… but they should respect the rights of others,” said Nasheed.

The MP has previously predicted that the bill could take up to a year to be passed.

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Raaje TV to commence satellite uplink service by mid-July as IFJ raises broadcast concerns

Raaje TV expects to resume satellite broadcasts to the Maldives’ outer islands by mid-July after alleging the government was behind delays in issuing a temporary permit needed to provide its services to a national audience.

The private media group’s  chairman Akram Kamaaluddin earlier this week claimed that political influence was behind a delay in obtaining a satellite uplink permit. Without such a permit, Raaje TV has claimed its signal is limited to an estimated 20 percent of homes in the country.

The broadcaster said that although it had now been given a temporary license to establish its own satellite uplink – it remained concerned about the present government’s overall commitment to media freedom.

A President’s Office spokesperson responded today that the government had no involvement in the reported delay in issuing the license. The spokesperson also questioned the validity of the broadcaster’s accusations considering a temporary permit had now been approved by the independent Communications Authority of the Maldives (CAM).

The comments were made as media NGO, the International Federation of Journalists (IFJ), called for greater clarity by Maldivian broadcast authorities such as the CAM over the regulations it employed for supplying licenses to national media organisations.

“As this statement is issued, the MJA informs us that Raajje TV has been granted temporary uplink permission for six months,” said the IFJ Asia-Pacific in a statement released yesterday.

“We welcome this development, even if it is provisional, and call for a clear statement on the norms that will govern the use of the broadcast spectrum, in a manner that will provide ample room for multiple voices and opinions.”

Despite the temporary resolution of the satellite link issue that had affected Raaje TV’s services this week, the IFJ said it had was concerned that “guidelines for permitting plural sources of news and opinions for the people” may have been breached in the Maldives.

“Multiple sources”

“We urge the authorities in the Maldives to make the grant of uplinking permissions the norm, subject only to a list, preferably small and clearly defined, of ineligible entities. Rather than control information flows, the priority should be to ensure that multiple sources of news are available to the people of the republic in this time of political transition,” the NGO stated

“A review of broadcast policy cannot be the basis for denial of such permission, since such a review in today’s world can only move towards allowing greater diversity and competition on the air-waves and not towards restricting access”.

In outlining the current status of broadcast media in the country, the IFJ – which represents  600,000 journalists in 131 countries – claimed that Raajje TV was known for providing alternative news and opinions in the country compared to other private broadcasters .

However, the NGO claimed Raaje TV’s ability to fulfil this mandate had been restricted after it failed to receive a satellite uplink permit needed to ensure its services were available to a majority of islands in the country’s outer atolls.

“Of the four TV broadcasters operating in the Maldives, one is controlled by the Maldives National Broadcasting Corporation (MNBC), an autonomous body established under law. Though mandated to function independently, the MNBC is believed by opposition parties and independent journalists, to be highly biased towards the government that came to power on February 7, after a police revolt toppled the elected president,” the NGO added. “Of the private channels, two are owned by businessmen with known links to the current regime, according to sources in the Maldives.”

“Hurdles”

Speaking to Minivan News today, Raaje TV Chairman Akram Kamaaluddin said he expected the government would continue to try and create “hurdles” in an attempt to restrict Raaje TV’s broadcasts even after the group obtained a temporary license this week.

Akram alleged that the channel had already been forced to establish its own independent satellite uplink as the government had been influencing major national telecom operators into not providing technical assistance or services to the broadcaster.

“They have given us this temporary license, but there is no guarantee that they won’t try to interfere with our services in other ways,” he claimed.  Akram added that the establishment of Raaje TV’s independent satellite uplink was designed to try and ensure more stability for its services in the future.

Raaje TV’s management have alleged that the CAM had guaranteed that a license would be awarded to the broadcaster on Sunday (July 1) in relation to an application sent two weeks previous.

Akram maintained that the Ministry of Transport and Communication had acted outside of its jurisdiction and influenced the CAM into not issuing a license on the grounds that its existing policy was under review and an uplink could not therefore be provided until this was complete.

Communications Minister Dr Ahmed Shamheed told Minivan News earlier in the week that the allegations of his ministry acting in a politically motivated manner against the broadcaster were a result of Akram “making his own judgement” about the matter.

He therefore maintained that Raaje TV would be given the uplink permit, though was unable to set a date for when it would be made available.

“I spoke with Raaje TV [on July 2] and told them they would be given the license as soon as possible” he said at the time. “I don’t have a time limit for when this will be.”

Shamheed stressed that the process did take time and that the CAM’s Chief Executive, Ilyas Ahmed, had been away until this week, delaying response to the matter.

When contacted today about the concerns raised by the IFJ, President’s Office Media Secretary Masood Imad said that he welcomed the license being awarded to Raaje TV and stressed the government had no involvement in the issue.

“I am glad that the broadcaster got what they were after,” he said.

With the permit having been awarded, Masood questioned the validity of Raaje TV’s bias allegations.

In addressing these allegations, Masood added that the government had “no involvement” concerning the work of the CAM, which he said was established to operate as an independent body free of government control.

“I don’t know the composition of the CAM is, it is appointed by the parliament,” he said.

Masood added that he was not able to speculate on the possible political affiliations of individuals within an organisation like the CAM.

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Home minister blames Second Chance rehab scheme for crime “surge”

Home Minister Dr Ahmed Jameel has blamed a current “surge” in crime partly on the Second Chance rehabilitation programme run by the former government, which he alleged released prisoners, sometimes with “heavy sentences”, for political purposes.

After telling local media this week that over 200 convicted criminals released under the scheme has been returned to prison over allegedly having re-offended, Dr Jameel pledged more former Second Chance inmates deemed or suspected as posing “a danger to the public” would be returned to custody.

The now-defunct Second Chance initiative has received significant media coverage this week after a former inmate released under the programme, 29 year-old male Ahmed Murrath, confessed to the murder of prominent lawyer Ahmed Najeeb in Male’.

However, the former manager of the initiative, Aishath Rasheed, has claimed she was surprised at reports of a large number of inmates released under Second Chance now being returned to prison. Speaking to Minivan News this week, Rasheed raised concerns about a lack of rehabilitation measures for young people imprisoned for smaller offences such as drug use in the country since the Second Chance programme was terminated.

Second Chance was established to help address concerns that a majority of the Maldives’ prison population were young people incarcerated for minor drug offences. Rasheed has maintained that the resulting long jail terms handed to young people – in some cases even over minor drugs offences – “were destroying their lives”.

According to the UNDP’s “Prison Assessment and Proposed Rehabilitation and Reintegration of Offenders Report”, which was published last year, 66 percent of all prisoners in the Maldives at the time of report were in jail for drug use or possession, often small quantities.

The majority were males under 30 years of age with education below O-levels, the report added, claiming the Maldivian prison population could be reduced by up to two-thirds if the government would “de-criminalise the offence of drug usage and propose mandatory rehabilitation”.

“Political advantage”

Home Minister Jameel has contended that the Second Chance initiative had been set up by former President Mohamed Nasheed “without a legal basis or justification”, in an attempt to pick and choose convicts for release on the basis of their political allegiance.

“Nothing prevents me to take back to prison all those released under the Second Chance programme found committing further offences for the safety and security of our people,” he said. “I have abolished Second Chance after assuming this [Home Ministry] portfolio to prevent ‘undue political advantage by convicts in the correctional system’ which was the policy of the Nasheed Government. I intend to take back all dangerous criminals back to prison as part of process to make our home and streets safe.”

Jameel added that the country’s legal system already included mechanisms by which prisoners could obtain early release under certain circumstances.  He claimed these legal mechanisms had been negated by the Second Chance initiative.

The mechanisms include clemency, which was provided under the Law on Reduction of Punishment and Clemency and considered only under “exceptional circumstances”, according to Jameel. He added that applicants for this mechanism were required to be reviewed by a specially established clemency board.

A second method to obtain early release is provided in the form of a parole programme overseen by a multi-sectoral board that decides on the eligibility of each candidate.

“Both of these programmes were abandoned to directly pick and select convicts from prison for Second Chance,” claimed Jameel. “Indiscriminate release of convicts without regard to the nature of the offences and selecting convicts based on their political association and belief demonstrates the underlying purpose of the Second Chance programme. Not only one or two of those released has been caught again for committing further offences, but several arrests made to regards to serious offences found second chance convicts.”

When contacted by Minivan News about the number of prisoners released under Second Chance that had since been returned to custody, the Maldives Police Service said it could not confirm a figure at the time, forwarding the enquiry to Home Minster Jameel.

The home minister said that “more than 200” people released under the programme were believed to have re-offended.

The Second Chance programme was stopped back in February directly following the controversial transfer of power that brought Dr Mohamed Waheed Hassan’s coalition government to power.

The Home Minister claimed back in March that a total of 1879 criminals were incarcerated for various offences during Nasheed’s term, but only 621 remained in prisons while 1258 have been released with no clear procedure.

After shutting down Second Chance in February, the programme’s responsibilities were instead tasked to the Parole Board and Clemency Board, which were re-formed in the intervening weeks.

However, both boards have been criticised in recent years for being “slow and ineffective”, by Second Chance’s former manager Aishath Rasheed, who claimed to be “very much surprised” about reports of the number of prisoners released under the programme now being returned to jail.

An estimated 439 inmates were released during the life-time of the Second Chance imitative, each of whom were said to be thoroughly evaluated and approved by the courts, according to Rasheed. Any former inmate found to have violated the terms of the release were sent back to the prison to complete their jail term. She added that the 439 inmates released under the scheme were mostly young people held on minor drug offences.

Verification

Rasheed, also a former member of the country’s parole board until resigning after the new government came to power, claimed that she had first heard about possible cases of prisoners released under the Second Chance committing criminal acts back in March. She stressed that it was therefore important to verify whether the suspected offenders were in fact released under the scheme and if they had been guilty of re-offending.

Beyond serving to secure an early conditional release for prisoners, Rasheed stressed that the programme was also designed to provide educational and rehabilitation programmes for inmates – initiatives that she claimed were not being provided at present.

“The idea was to give a chance to everyone in prison for rehabilitation, but the programme has been stopped, we had offered O-level training and spiritual classes,” she said. “However, within two days of Second Chance being finished they have stopped the O-level programmes and the yoga and spiritual classes. We had very technical and experienced instructors for these programmes, but I’m not sure they have been replaced by anything.”

Rasheed claimed that in closing down the programme, Home Minister Jameel had not looked at the programme and its respective benefits – a model used in many other countries to rehabilitate prisoners.

“In Singapore and New Zealand for example, there are very productive Second Chance-style programmes,” she said. “Due to the structure of our Department of Penitentiary and Rehabilitation Service (DPRS) we were only just starting out with these type of rehabilitation programmes.”

Speaking to Minivan News in March, Rasheed claimed that the Parole and Clemency board “did not have the technical expertise to continue the program”.

“I was a member of the parole board. Both boards exist as mere names. Some members do go for the meetings but have to go back home because the meetings cannot be held due to lack of quorum,” Rasheed said at the time.

However, as of last month, a new parole board set up by President Waheed had begun assessing the eligibility of inmates for release after they had undergone months of rehabilitation programmes.

Parole and rehabilitation

Present Parole Board member and Spokesperson for the Department of Penitentiary and Rehabilitation Service (DPRS) Bilal said that although the Second Chance programme had been terminated in February, prisoners would be still be eligible for potential parole and rehabilitation.

“The present government decided not to continue with Second Chance, there have been examples where prisoners had violated the conditions of their release and had been returned [to jail],” he said. “Second Chance as a programme was seen as a failure.”

Bilal claimed that the main functions of the Second Chance programme could still be met through the existing parole programme ran through the DRPS.

“Under parole, a prisoner under 25 for example must serve one third of their sentence, the parole board will then decide on the candidate’s release,” he said.

As of next month, Bilal claimed that a reintegration programme was being launched to help prisoners released on parole to acclimatise to life outside of prison for their first month back in society.  Vocational programmes in fields like electrical maintenance were also said by Bilal to currently be on offer at the detention centres of Maafushi and  Dhoonidhoo.

“We have planned to start basic education programmes soon as well as more advanced O-level courses. We are having meetings today with the Education Ministry on this,” he claimed. “We expect these programmes to be starting soon.”

Rehabilitative focus

Back in May, Lubna Mohamed Zahir Hussain, Minister of State for Health and Family saidthe upcoming establishment of a entirely new drug court in the country was indicative of a major shift in ongoing government policy over the last three years from a solely punitive approach to a more rehabilitative focus for minor offenders.

The Health Ministry insisted at the time that the new regulations provided distinct measures to assist small time drug abusers, while cracking down on larger-scale traffickers based in the Maldives and the wider South Asian region.

Hussain claimed that under this new legal and judicial system, the NDA was now looking to focus to rehabilitate prisoners found guilty of minor drug offences – something that had not been possible through the prison service previously.

“Seventy percent of prisoners currently being held in jails on drug offences have never been given treatment whilst they are incarcerated,” she claimed at the time.

Hussain added that recent amendments to national drug laws would compensate for the loss of rehabilitative programmes such as Second Chance – at least for minor drug offenders.

“The essence of the Second Chance programme is seen in the new drug law,” she said at the time.

Prison fears

Ali Adyb of the Journey NGO, which runs a drop-in centre in Male’ as well as outreach programmes across the country’s many atolls, told Minivan News earlier this year that he believed a long-term policy of criminalising drug users in the Maldives had failed, in part, because of a failure to segregate prisoners convicted of petty theft with more serious crimes.

“We are aware of people who have actually become addicted to drugs whilst in jail here,” he said.

Journey stressed that even for convicted addicts who were no longer being held in the country’s prison system, the stigma of having a criminal record for using narcotics led even qualified people to struggle to find a job upon their release.

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Raaje TV alleges political motivation behind satellite uplink delay

The chairman of private broadcaster Raaje TV has alleged that government interference is to blame for the channel being denied a satellite uplink permit to broadcast across the country’s atolls.

Akram Kamaaluddin today claimed that the Ministry of Transport and Communication had been interfering in the permit matter, resulting in the channel yesterday being unable to broadcast programming via satellite.  He claimed the decision was taken despite earlier assurances from the Communication Authority of the Maldives (CAM) that a license would be issued.

The Communications Ministry responded to the claims saying it would be providing Raaje TV with the required permit “as soon as possible”, adding that the private broadcaster was treated no differently to other channels in the country.

However, Akram said that after applying for an uplink permit two weeks ago, Raaje TV still found itself yesterday only able to broadcast programming through the country’s limited cable network – making the channel unavailable to an estimated 80 percent of the national television audience.

“We had previously been supplied an uplink through [telco] Wataniya, however there were some problems with this service. We therefore decided to set up an uplink on our own.  This requires permission from the CAM,” he said.

Despite assurances that the permit would be granted, Akram claimed that the CAM responded it would have to issue a temporary license to the broadcaster for six months.

“However, after I called CAM yesterday afternoon, I was informed they were unable to do this as the [Communications] Minister said they were in the process of introducing a new policy,” he said.

Having not received any notice about the new regulations being imposed. Akram alleged that Raaje TV was the only channel to have been unable to acquire the permit, a decision he said was politically motivated due to the channel’s news coverage since February’s controversial transfer of power.

Raaje TV’s allegations have been backed by the now opposition Maldivian Democratic Party (MDP), which contends that the CAM had withheld the satellite uplink license due to the broadcaster having been critical of the current government.

“The satellite uplink license would allow Raajje TV to broadcast news and programming across the Maldives, and to reach audiences in the outer atolls where independent media is scarce and state owned media dominate the airwaves,” the MDP claimed in a statement today. “The denial of the license is a politically motivated attempt to suppress alternative views in the Maldives. The MDP calls on all relevant authorities to investigate to look into this matter immediately and with the utmost urgency.”

Responding to the allegations, Communications Minister Dr Ahmed Shamheed told Minivan News today that the allegations of the ministry acting in a politically motivated manner were a result of Akram “making his own judgement” about the matter.

He therefore maintained that Raaje TV would be given the uplink permit, though was unable to set a time-line for when it would be made available.

“I spoke with Raaje TV yesterday and told them they would be given the license as soon as possible” he said. “I don’t have a time limit for when this will be.”

Shamheed stressed that the process did take time and that the CAM’s Chief Executive, Ilyas Ahmed, had been away until the last few days, delaying response to the matter.

“I think this is an overreaction on Raaje TV’s part,” he claimed.

MJA concern

While uncertain as to whether there was truth in the claims of political motivation preventing Raaje TV from acquiring the uplink permit, the Maldives Journalist Association (MJA) nonetheless today raised concerns over the failure for a license to be issued.

MJA president ‘Hiriga’ Ahmed Zahir said that the association believed that no government should not interfere or block any specific political views from the nation’s airwaves.

Zahir added that when dealing with the issue of permits, once a media outlet was approved a license by the Maldives Broadcasting Commission (MBC), the government should not seek to interfere in issues relating to the CAM.

“I don’t have all the information right now, but Raaje TV has not given an uplink service,” he said. “Government should not intervene in these matters, that is the MJA’s view,” he said.

Back in May, Raaje TV alleged its reporters had faced physical attacks and intimidation by security forces since the transfer of power, while claiming ministers of the current administration had refused to engage with the station.

However, the Maldives Journalist Association (MJA) said at the time that there were no “challenges to freedom of the press” in the present political environment.

During April, the offices of private broadcaster Villa Television (VTV) were attacked during confrontations between security forces and alleged anti-government protesters in Male’ on March 19.

VTV was briefly brought off air following the incident – an act claimed by the station’s owner to be tantamount to “terrorism”. Local media bodies also criticised anti-government protesters for allegedly threatening journalists and media personnel covering the clashes.

A month before this incident, Maldives Media Council (MMC) President Mohamed Nazeef expressed doubt over whether a free media can flourish in the Maldives at the present time.

“We see that although we talk of democracy and freedom of media and expression, I don’t think society is ready to digest a free media,” said Nazeef.

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GMR commences two year terminal launch countdown, while coalition calls for nationalisation

Infrastructure giant GMR has said the new terminal at Ibrahim Nasir International Airport (INIA) will open two years as of yesterday (July 1) “irrespective” of outside issues.

The government has meanwhile pledged to back parliament should it decide on re-nationalising the project.

The development of the airport – expected by the company to total US$511m in costs – is the largest foreign investment project undertaken in the Maldives’ history and includes commitments to renovate INIA’s existing terminal by September both in terms of operational efficiency and customer services, according to GMR.

At the same time, work is also under way on an entirely new terminal structure on the Eastern-side of Hulhule’ island that GMR has claimed will completely transform the country’s foremost transfer hub for local people and international visitors alike.

Work conducted by GMR to reclaim the new terminal ground

Local media outlets were on Saturday updated on the redevelopment of the island and shown around the new terminal site which, when completed, will aim to cater for increases in international traffic predicted in the country up to 2035.  The site is also required to bring INIA’s operations in line with international aviation standards.

With contractors already having begun work on the new structure as of last month, the government has stressed that it will not seek to interfere or “disturb” the project that officially commenced back in November 2010 under the administration of former President Mohamed Nasheed.  This government commitment was made despite raising concerns over what it claimed are minor issues relating to business regulations on the site.

However, President’s Office Spokesperson Abbas Adil Riza said the long-term prospects of the construction ultimately depended on GMR validating the legality of their contract – a document that was overseen by the International Finance Corporation (IFC). The IFC is a member of the World Bank group and the largest global institution focused on private sector in developing countries.

Abbas added that should parliament also decide on nationalising the airport in line with the wishes of certain pro-government parties to take back the project from GMR, then the present administration would have to comply with such a decision.

The government of President Dr Mohamed Waheed Hassan comprises a coalition of former opposition parties that represent the majority of elected representatives. The now-opposition Maldivian Democratic Party (MDP) presently has 29 MPs in the Majlis, the largest number of MPs belonging to a single party.

Nationalisation calls

Several pro-government parties – including the Dhivehi Rayithunge Party (DRP), Dhivehi Qaumee Party (DQP), People’s Alliance (PA) and Jumhoree Party (JP) – advised President Waheed last month that they continued to endorse an agreement signed in June 2010 calling for the airport to be taken back from GMR and nationalised.

The agreement endorsed six main points which included taking legal action to prevent the government’s decision to award the contract to GMR.

GMR’s contract is currently under scrutiny by a committee appointed by President Waheed, which includes the Attorney General, the Finance Minister and the CEO of Maldives Airports Company Ltd (MACL). The president has previously pledged during a visit to India that he would protect investment from the country in the Maldives.

A delegation from the IFC, which brokered the deal between GMR and the government of Maldives, recently addressed the government’s concerns over the concession agreement in a meeting with senior government officials.

Coalition concerns

When asked whether he believed GMR’s pledge to present the Maldives with a entirely new airport structure by July 1 2014 – in line with a 25 year concession agreement to develop and manage the site – would be met, Abbas claimed that concerns raised by several former opposition parties would need to be addressed.

“The point to note is that during the agreement’s signing, several unlawful points were raised by [former opposition] parties over why the government could not enter the agreement with GMR,” he claimed. “Under the law of the contract [GMR] did not perform sufficient due diligence and they must validate the legality of the contract. If any court of law rules the contract is illegal, the law must be upheld.”

The claims were made after local media reported that GMR had begun construction last month without a Civil Aviation Authority permit needed for work to begin. GMR responding in newspaper Haveeru said that the terminal construction had been approved in an existing master-plan agreed with the government.

Clarifying the report, Abbas claimed that the permit was “not a huge issue” and was believed to have resulted from an error by contractors presently working on the airport’s construction.

Under the law, he stressed that companies were required to undertake an Environmental Impact assessment (EIA) – which had been completed by GMR – as well as meet all other local business regulations.

Abbas claimed that the permit was an issue likely to have resulted due to a contractor error and could be addressed within the space of a week without major delays.

“Normal procedure would be for the cessation of work on the airport while the permit was awaiting approval. This takes about a week. I don’t see any reason for delays,” he said.

Aside from the permit issue, the government also alleged that it wished to resolve an issue over a duty-free law that outlawed duty-free shops at arrival terminals. With alcohol outlawed for consumption or purchase outside of licensed resort properties under Maldivian law, duty free stores within the airport’s arrival area was raised as a legal issue.

“These issues can easily be resolved, we are not looking to disturb the GMR deal,” he claimed. “Larger corporations need good governance, if one company does not meet its obligations everyone else may start looking for loopholes.”

Disturbance

Abbas said the most pressing issue concerning the INIA construction agreement remained the US$25 Airport Development Charge (ADC) outlined by GMR within its original agreement – a practice the infrastructure group contends is commonly used by airport developers around the world to aid the costs of large-scale renovation projects.

“The law does not allow for deduction of the ADC without parliamentary approval,” Abbas said.

The country’s Civil Court had blocked GMR charging the ADC last year on the grounds that it was a tax not approved by parliament. As the ADC was stipulated in the contract, former President Mohamed Nasheed’s administration had signed with the airport operator, the government at the time agreed that GMR would deduct the charges from the concession fees due the government, pending appeal.

With the present government having contested these deductions, GMR released a statement back in May proposing a compromise agreement whereby Maldivian nationals would be excluded paying the ADC when departing the airport.

While seeking to maintain an open dialogue with the government, GMR said Saturday that there had been no reply so far in regards to the options it had offered the government in order to find a resolution to the ADC matter.

Business politics

Despite the ongoing issues with the ADC, the infrastructure group said it did not pay too much attention to politics in the country, claiming it instead remained focused on the development of INIA.

“We don’t do politics well at all,” said INIA CEO Andrew Harrison, when questioned by local media about the impact politics was potentially having on the construction.

Speaking during a tour of the new airport structure yesterday, Harrison added that the airport construction was on track at present, and already providing improved returns to the state when compared to earnings before the agreement came into place.

He added that although there was no set deadline in order to reach consensus with the government over the resolution of the ADC charge, long-term delays could have “time and cost implications for the project”.

“Additional improvements”

Aside from contractual obligations to improve tourist processing capacity in the existing terminal, Harrison said that GMR was committed to a number of additional improvements not specified in the original concession agreement.

These improvements include an entirely new outdoor food court for the present terminal including Thai Express, Burger King and Coffee Corner restaurants that would be open to the general public as well as visitors.

He also pointed to other high-profile developments such as the refurbishment of the airport’s domestic terminal and toilets, a new executive lounge and behind the scenes modifications to boost capacity at the site as a reflection of the company’s claims it is going beyond its contractual obligations.

The new terminal meanwhile has been devised to include new shopping complexes, increased seaplane capacity via two new water runways and a considerably larger structure built above an large artificial lagoon.

The construction, comprising of a 70 percent glass structure, has been designed architecturally to play up the appeal of the Maldives’ oceans, whilst being four times the size of the terminal presently used to accommodate airline passengers.

Emergency runway

Addressing concerns raised in local media about the development of the existing runway, Harrison said that GMR had sent proposals to the government for possible construction of an emergency runway.

He stressed the the construction, which would require additional funding support either directly through the government or through the concession agreement, could be used only in case of emergencies should the main airport runway be out of action owing to an accident or emergency.

Harrison claimed that if approved by government, the emergency runway, which would not be ready by the opening of the terminal on July 1, 2014, would not be in full compliance to  International Civil Aviation Organisation (ICAO) regulations, due to its distance to grounded aircraft.

With the new terminal in place, aircraft would be grounded 212 metres away from the proposed emergency runway, meaning it would not meet recommended international regulations. However, GMR claimed this distance would still be preferable in terms of regulatory requirements to the current space available between INIA’s runway and aircraft parking area.

Beyond the new terminal aiming to meet full ICAO compliance by the time it is open to tourists, the passenger terminal is also expected to meet LEED Silver Certification environmental standards.

The contruction will also include a new VIP terminal to deal with diplomats, heads of state and other high-profile guests, along with a brand new cargo terminal and a Airport Fire and Rescue Building to deal with any potential on-site emergencies.

GMR said that the terminal had been designed by Singapore-based architect Winston Choo, who had devised a structure making the most of natural ocean surroundings while also playing up garden areas and a lagoon equivalent to two football pitches in size.

As part of the terminals proposed aesthetic, distressed wood, granite and coral like materials designed to emulate the feel of high-end resort properties around the country are expected to be used, the company added.

A virtual walk through of the proposed terminal design can be viewed here.

Discussing the ongoing political backlash against the awarding of the contract to GMR back in 2010 on nationalistic grounds, Harrison contended that INIA would remain a Maldivian owned enterprise that would be continuously developed by the company for the duraction of the tender.

“We are just the caretakers here,” he said.  “The airport remains and has always been owned by Maldivians.”

Harrison contended that to ensure profitability for its investment in the airport, GMR was itself committed to strengthening the wider Maldivian economy by working with local businesses, industry and contractors.

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Business bill under review after government raises “socio-economic” concerns

Parliament’s Economic Affairs Committee has this week begun a review of the Business Registration Bill returned to the People’s Majlis by President Dr Mohamed Waheed Hassan, after it was originally approved in April.

The President’s Office told Minivan News that the bill, initially proposed under the previous government, had been returned over fears about the impacts it could have on the country’s economy at the present time.

Official government figures indicated that inflation had risen to an annual rate of 16.53 percent in April. Earlier in the year, the Finance Committee estimated that the current budget deficit would reach 27 percent of GDP, or  Rf9.1 billion (US$590 million).

The government meanwhile announced this week that it had already been issued with a Rf300million (US$19.5 million) government loan from the Bank of Maldives (BML), despite questions being raised over whether the deal needed Majlis approval.

The government had previously asked for parliamentary approval for the budget support loan in place of an existing $65 million (Rf1 billion) loan that had been approved for the 2012 budget.  The President’s Office claimed the funding, devised as part of a “mop up” operation, would help “reduce the circular flow of rufiya in the economy” adding it would not exacerbate the current national spending shortfall.

While unfamiliar with the latest amendments being proposed to the Business Registration Bill, a former Economic Development Minister who served under the previous government claimed the legislation had originally been devised in an attempt to simplify the registration of foreign investors.

However, President’s Office Spokesperson Abbas Adil Riza said that the bill was deemed by the present government to represent the implementation of a new tax regime in the country – a decision he suggested was unreasonable considering the current economic climate.

“At a time where as I’m sure you are aware, the economy is beginning to improve, the president and the cabinet has agreed that the time is simply not right to introduce new taxes,” he said.

According to local newspaper Haveeru, President Waheed’s concerns regarding the bill were said to include “Article 3 (e)”, which relates to services provided for islands beyond the capital of Male’. The report said that the nature of these services was believed to be unclear in the original drafting of the bill.

The president was also reported to have raised an issue with a perceived failure in the bill to specify a “process” required for the registration of a foreign branch of a company in the Maldives. The government therefore requested the removal of “Article 5 (b)” as well as a number of amendments relating to the registration of a branch of a foreign company in the Maldives, raising concern over a lack of specifics related to the use of the term “foreigners”.

When questioned by Minivan News, Abbas did not specify the exact nature of the potential “legal and socio-economic ramifications” that had concerned the government about the Business Registration Bill.

The bill was one of three pieces of legislation related to economic reform returned to parliament for revision last month on the basis of issues raised by Attorney General Azima Shukoor.

The exact nature of these concerns was not detailed by the President’s Office at the time, while the attorney general was also not responding to calls today about the nature of the government’s decision to return the bill.

Finance Minister Abdulla Jihad meanwhile forwarded Minivan News to the Ministry of Economic Development concerning an enquiry on the Business Registration Bill.  Economic Development Minister Ahmed Mohamed was not responding to calls.

Reform package

Although unfamiliar with the latest proposals for amendments to the Business Registration Bill, Mahmoud Razee, Economic Development Minister under the previous government, said the legislation was original proposed as part of a wider economic reform package championed by Nasheed’s administration.

The reforms, introduced under the previous government, were further revised following consultations with the International Monetary Fund (IMF) over how to strengthen and stabilise the economy.

These policies included introducing a general Goods and Services Tax (GST); raising import duties on pork, tobacco, alcohol and plastic products; raising the Tourism Goods and Services Tax (T-GST) to 6 percent; and reducing import duties on certain products.

Razee stressed that registration bill was intended specifically to provide a “clearer means” for facilitating foreign investment within the Maldives’ business sector.

“We were trying to make it easier to register foreign shareholders here,” he said.

Taking the retail sector as an example, Razee said that the retail sector was quite “restrictive” in terms of encouraging foreign investment.

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