Author: Eleanor Johnstone

Government requests international legal assistance to clean up judiciary

Following a protest-packed weekend during which politicians were attacked and journalists threatened, the Foreign Ministry has requested a senior international legal delegation from the United Nations Human Rights Commission (OHCHR) to help resolve the current judicial crisis in the Maldives.

“We have been working to improve the judiciary since we came to power, but we have not succeeded. We have asked the international community to assist us in this effort several times, and we find that they are willing to help at this point,” said Foreign Minister Ahmed Naseem.

The request was made following conversations with UN officials last week. According to a press statement, the delegation would be asked to help resolve “the immediate issues surrounding the detention of Justice Abdulla Mohamed, the Chief Judge of the Criminal court, and also the longer-term problems facing the Maldives’ judiciary and the failure of judicial accountability mechanisms under the Constitution.”

Following the detention of minority opposition Dhivehi Quamee Party (DQP) leaders, who had accused the government of behind-the-scenes dealings with Israel and Christian priests, and the arrest of Judge Abdulla Mohamed by military forces after he attempted to block his own police summons in the High Court, opposition party members took the streets last week in protest. DQP meanwhile approached various foreign embassies claiming their freedom of speech was being impinged.

In a statement released on Friday the European Union (EU) Heads of Mission in Colombo expressed concern over the judge’s arrest and “[called] on all parties in the Maldives to act in accordance with these principles and to refrain from inflammatory language or other action which could incite hatred.”

In response the Foreign Ministry cited the government’s efforts to reform the judiciary and oppose the use of hate speech, reiterating its interest in continued relations with the EU.

Stating that “the diplomatic community has received inaccurate information” regarding the political situation in Male’, the Foreign Ministry said it had delivered “accurate information” to foreign missions last week. Officials say those missions had received the news positively, had asked that “racial rhetoric” be stopped, and had not expressed concerns over the judge’s arrest.

Observing that judicial reform “really should come from the Judicial Services Commission (JSC)”, Naseem said the commission’s shortcoming are “now an issue of national security.”

In its statement the Foreign Ministry contended that “since its establishment the JSC has been unable to fulfill [its] constitutional mandate. For example, during the whole of 2010 the JSC failed to take action on any of the 143 complaints submitted to it. On the one occasion in late 2011 when the JSC did find that a judge (Justice Abdulla Mohamed) had failed to comply with the required standard of conduct and had been acting in a manner amounting to gross misconduct, the Civil Court issues an order (26 November 2011) preventing the proceedings.

“With that order, the Civil Court effectively removed the constitutional powers of the JSC. The JSC was made powerless by the very same people (judges) that it is supposed to oversee.”

In communications with the OHCHR the Foreign Minister said the Civil Court’s action highlighted “a systemic failure of the judicial checks and balances foreseen in the Constitution. This systemic failure led directly to the President’s decision [to arrest the judge].”

Parliament’s Independent Institutions Committee has been tasked with investigating the JSC’s “failings”. According to committee member Independent MP Mohamed Nasheed, hearings and interviews have been concluded and possible reformation of the JSC has been discussed.

“It’s the one institution that has not really taken off. It’s been bogged down with personality issues and procedural issues. Bring in a change of membership, some new blood, and give it a new chance,” he said.

Nasheed added that a provision allows for the appointment of foreign judges during the first 15 years of the new Constitution. Naseem said the requested delegation did not necessarily fall under the provision, but rather was expected to provide guidance according to the local situation.

Specifics of the delegation are unknown as the request was only recently made, however Naseem explained that “the planning and appointment process takes time, as we need individuals qualified to stay here for a long period of time.”

“We hope that with the help of Islamic judges the Maldives judiciary would be improved”, he said.

While representatives from opposition Progressive Party of the Maldives (PPM) could not be reached at time of press, Mulak MP Abdulla Yameen yesterday said the President has no authority to “meddle with” or enforce the nation’s judicial system, local media reported.

Opposition Dhivehi Rayyithunge Party (DRP) MP Ibrahim ‘Mavota’ Shareef today said “DRP will welcome any international participation to solve the situation at the moment.”

Shareef asserted that the Constitution is not in crisis, “only that President Nasheed has violated it. We’re very sure that the international delegation would hold him accountable because there is no way that President Nasheed is justified in what he is doing.”

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Hithadhoo Court orders removal of SAARC monuments on religious grounds

Following two months of theft and vandalism, Hithadhoo Court Magistrate Abdullah Farooq has ordered the removal of monuments gifted by the SAARC nations at the 2011 SAARC Summit “Building Bridges” held in Addu City.

This week, Addu City Council removed Bhutan’s monument – a wooden sign – following a demand from demonstrators at the nation-wide opposition-sponsored ‘Defend Islam’ protest on December 23 to that effect.

The council reported that the police surveillance necessary to preserve the monuments  in the current political climate had become unreasonable.

Certain interpretations of the Quran prohibit images of living beings. The Maldives Constitution, itself based on Islamic Shariah, states that no action which violates Islam can be upheld by the courts.

Farooq identified the monuments as “idols of worship” used by non- Muslims which could allow for the growth of other religions in the Maldives.

Farooq further argued that the monuments conflict with the regulations within the Religious Unity Act and were accepted into the country unlawfully according to the Contraband Act.

“No one has the authority to import anything prohibited under the law”, he said in the court ruling. Farooq has requested the Prosecutor General to take legal action against those responsible for setting up the monuments in Addu.

The monuments were unveiled by the leaders of Bangladesh, Pakistian, India, Bhutan, Nepal and Sri Lanka to commemorate the Maldives’ hosting of the SAARC Summit. The evening prior to Pakistan’s unveiling ceremony, its monument was knocked from its pedestal by protestors.

Although individuals were not detained over the matter the Islamic Ministry issued statements claiming that the monument’s illustration of the history of the Indus valley civilisation and a bust of Pakistan’s founder Mohamed Ali Jinah were idolatrous, and requested the government to remove those SAARC monuments which conflicted with Islam.

Addu City Council returned the monument to its mount prior to the ceremony, however it was subsequently set on fire by demonstrators when religious Adhaalath Party issued a statement claiming that “no Maldivian of sound mind” would allow idols or iconography of other religions to be erected in the country.

Opposition parties including Progressive Party of the Maldives (PPM) voiced their support for the vandals, and the ensuing months Sri Lanka’s monument of its national lion was decapitated, Nepal’s monument stolen and Afghanistan’s miniature minaret of Jam was sunk in a nearby harbor.

The Pakistani monument was “part of efforts by adversaries of Islam to turn the faith that Maldivians embraced 900 years ago upside down,” the party said at the time.

Meanwhile, State Minister for Islamic Affairs Sheikh Hussein Rasheed pointed public opinion to the historical value of Pakistan’s monument.

“The Pakistan monument showed how Pakistan became an Islamic country from its Buddhist origins,’’ Rasheed has previously stated, noting that, ‘’Although the monument does not contradict Islam, it should not be kept there if Maldivian citizens do not want it to be there.’’

Removal of the contentious monuments was one of the five demands of the December 23 protesters, who also demanded that the government prohibit Israeli airlines from operating in the Maldives.

Press Secretary Mohamed Zuhair observed at the time that taking down the monuments would diplomatically be very difficult for the government, “especially when it was handed to us by another Islamic country”, however he said the decision belonged to Addu City Council.

Following the removal of Bhutan’s monument three days ago, Addu City Councillor Hussein Hilmee said the council had sent a letter to the Foreign Ministry requesting that it inform SAARC member countries that it was taking the monuments down.

Deputy Sri Lankan High Commissioner Shaanthi Sudusinghe said at the time, “We have requested that if [the government] is unable to preserve the monument that they hand it over to us.”

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Chief Judge held “in good condition” at MNDF training center Girifushi

The Maldives National Defense Forces (MNDF) last night informed Chief Criminal Court Judge Abdulla Mohamed’s wife and parents of his whereabouts and condition, following complaints made by the family.

“The judge is under our supervision at Girifushi in Kaafu Atoll (an MNDF training facility. He has no injuries and is in good condition,” said MNDF Chief Spokesperson Abdul Raheem, discounting local media reports to the contrary as “false messages”.

The Maldives’ famous underwater cabinet meeting was held off Girifushi in 2009, catapulting President Mohamed Nasheed into the environmental spotlight.

This is the first time that an individual has been held in custody at an MNDF training facility rather than Dhoonidhoo detention center. Raheem said the MNDF did not wish to specify why the judge is being held at the training facility.

Criminal Court Chief Judge Abdulla Mohamed was arrested by the MNDF on the evening of Monday, January 16, in compliance with a police request. The judge’s whereabouts were not revealed until January 18, and the MNDF has acknowledged receipt but not replied to Supreme Court orders to release the judge.

Prosecutor General (PG) Ahmed Muizz lately joined the High and Supreme Courts in condemning MNDF’s role in the arrest as unlawful, and requesting that the judge be released.

According to the PG, police have to go through the PG’s Office to obtain an arrest warrant from the High Court.

“They haven’t followed the procedures, and the authorities are in breach of law. They could be charged with contempt of the courts”, he said.

PG Muizz added that as MNDF has violated the Constitution he has ordered an investigation by the Human Rights Commission of Maldives (HRCM), and will evaluate the situation following the commission’s findings.

Raheem said the armed forces did not wish to comment on the PG’s statement.

According to government officials, military assistance was sought for reasons of national security.

In a televised statement on MNBC One on January 17, Home Minister Hassan Afeef said military assistance was sought during the arrest for “fear of loss of public order and safety and national security” on account of Judge Mohamed, who has “taken the entire criminal justice system in his fist”.

Judge Mohamed has been implicated in 14 cases of obstruction of police duty, Afeef alleged. Actions include ordering unlawful investigations, withholding warrants for up to four days, limiting the issuance of warrants to himself exclusively at times, disregarding decisions of higher courts, strategically delaying cases involving opposition members, and barring media from corruption trials, according to Afeef.

The judge has also released suspects detained for serious crimes without a hearing. One murder suspect proceeded to kill another victim.

Afeef further alleged that the chief judge “twisted and interpreted laws so they could not be enforced against certain politicians” and stood accused of “accepting bribes to release convicts.”

Defence Minister Tholhath Ibrahim Kaleyfan has said police had sent a letter to the armed forces on Monday, January 16, “requesting assistance to carry out its legal duty under article 71 of the Police Act, stating that the Criminal Court was not cooperating with police and that as a consequence of Chief Judge Abdulla Mohamed obstructing police work, the country’s internal security was threatened and police were unable to maintain public order and safety.”

MNDF therefore exercised authority under chapter nine of the Constitution and the Armed Forces Act of 2008 to take the judge into custody, he concluded.

Indicating the gravity of the moment, Minister Kaleyfan said, “I assure citizens that at this critical moment the country is faced with, the armed forces will do everything it must to restore national interest and defend the lawful government.”

The public has been protesting for six consecutive nights the detention of opposition party members who last week made statements of “hate speech” against the government, as well as the arrest of Judge Mohamed.

Meanwhile, the  ruling Maldivian Democratic Party (MDP) is circulating a petition calling for PG Muizz’s removal from office in a stated effort to clean up the judiciary.

“We are calling for a strong and independent judiciary for the people,” party chairperson and MP ‘Reeko’ Moosa Manik told Minivan News today. “The judiciary will never work without a PG, an AG, police and courts. They have to work closely.

“We have found that cases related to the opposition stay in the PG office. We do not believe the cases are being properly prosecuted,” Moosa said, estimating that the petition currently has 1,000 signatures. “We will be discussing the results in our parliamentary group before submitting it [to a parliamentary committee]”, he added.

Addressing the matter of Chief Judge Abdulla Mohamed, Moosa said, “this country will not stop for only one judge”, later adding that he holds Criminal Court Judge Abdul Ghazee responsible for the judiciary’s deterioration.

Moosa argued that MNDF’s actions against the judge were accordance with its duty to protect the Constitution. “MNDF are always responsible for the country. They are helping the police because the police currently have so many cases to investigate. The judge did not respect the police summons before, he assumed he was above the police. That’s not fair to the people.”

Speaking in his own capacity, Moosa continued, “If a judge does not respect the Constitution, who does? Article 207 of the Constitution gives the military the power to do what they need to do to defend the law.”

Moosa claimed “we will do anything to bring justice to the courts”, but added “ we don’t want to arrest anybody, we are calling on the people to please respect the country and bring justice for all.”

Spokesperson for former President Maumoon Abdul Gayoom’s Progressive Party of Maldives (PPM), Ahmed Mahlouf, was not responding to calls at time of press, however yesterday the party accused the government of trying to tip the country “into a state of emergency”.

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MDP to petition for removal of Prosecutor General

The Maldivian Democratic Party (MDP) intends to file a petition with parliament to remove Prosecutor General (PG) Ahmed Muizz from office.

The petition was announced during a party rally last evening at MDP headquarters during which MP Mohamed Shifaz requested MDP Chairperson MP Moosa ‘Reeko’ Manik “do this on behalf of our members who are always calling for a better judicial system”.

Shifaz said there are “many reasons why we don’t have confidence in the PG, and why many politicians have legal issues with the PG not sending cases to court.”

“Also he has good relations with [Chief Criminal Court Judge] Abdul Ghazee, people say they are always having coffees. We believe they shouldn’t have this kind of relationship in public.”

Calling for the PG’s arrest, Fuvahmulah MP Shifag Mufeed accused Muizz of incompetency in investigating corruption cases.

“To be honest, it’s the PG’s obligation to investigate the alleged US$800 million corruption case and the fact that he has failed is testament to his incompetence and violation of constitutional law”, Mufeed told local media earlier today.

The corruption case implicated former President Maumoon Abdul Gayoom’s half brother Abdulla Yameen for alleged involvement in an international money laundering racket involving the Burmese oil trade.

PG Muizz could not be reached at time of press.

Deputy Prosecutor General Hussain Shameem has said the PG Office has not been contacted by MDP, but noted that nothing required the party to communicate with the accused.

“To remove the PG a party would have to first send the motion to a committee, which would forward the motion to the Parliament floor, where the motion would only be passed with a two-thirds majority,” Shameem explained.

“But previously the PG’s position has been that if the government files a ‘no confidence’ vote in Parliament, he will resign.”

Shifaz told Minivan News that the petition would be available for signing at MDP Haruge after 8:00pm this evening, and that all citizens of any party are invited to sign.

“Our main aim is to build a better judicial system. What happened in the past, we don’t want to see again,” Shifaz said, adding that the party hoped for 5,000 signatures. He said the matter still needed to be discussed by MDP’s parliamentary group.

Local media has reported that the party intends to submit the petition to Parliament within the next two days. Parliament is currently on recess until March. However, Parliament’s petition committee president and MDP MP Mohamed ‘Colonel’ Nasheed has been requested to expedite the process.

Nasheed said, “if I get any petition I will go according to house rules.”

MDP’s motion comes 24 hours after the PG sided with the High Court and Supreme Court in requesting the release of Criminal Court Chief Judge Abdulla Mohamed.

Chief Judge Abdulla Mohamed was arrested on January 16 for corruption and for “allowing his judicial decisions to be determined by political and personal affiliations and interests”, according to a statement by Foreign Minister Ahmed Naseem.

The courts subsequently cancelled hearings, and the Supreme Court ordered the Maldives National Defense Force (MNDF) to release the judge. The MDNF today confirmed that the judge was still being held and no decision had been made regarding the court order.

PG Muizz yesterday told media that police are required to consult the PG before taking a judge into custody.

Article 223 of the Constitution requires the PG to “(a) to supervise the prosecution of all criminal offences in the Maldives” including “(d) to oversee the legality of preliminary inquiries and investigations into alleged criminal activity; (e) to monitor and review the circumstances and conditions under which any person is arrested, detained or otherwise deprived of freedom prior to trial.”

Police provided crowd control outside judge’s home at the time of the arrest.

MNDF confirmed that their officers had taken the judge into custody but did not wish to comment on matters concerning their level of obligation to the PG.

Meanwhile, in a hearing of the case filed by the judge against the police summon Deputy Solictor General Ahmed Usham said MNDF does not have the authority to make arrests related to criminal offences, reports local media.

Ushaam alleged that the Attorney General’s (AG) Office had received no details of the arrest except from what had been reported by local media.

The Criminal Court also ordered the PG to prosecute the the Chief of Defence Forces within the next three days, along with others involved in “contempt of court”.
A group of lawyers filed a similar case at the High Court yesterday after MNDF ignored orders from both the High Court and Supreme Court for Judge Abdulla Mohamed’s immediate release.
Shifaz maintained that MDP’s petition “has nothing to do with the Chief Judge’s arrest”.
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DQP “pamphlet of hatred” filled with “extremist, bigoted and hate-filled rhetoric”: Zuhair

The President’s Office has issued a response to a 30-page pamphlet published by minority opposition Dhivehi Quamee Party (DQP), which accuses the government of participating in an anti-Islamic conspiracy.

According to translations of the pamphlet released by the President’s Office, “[President Mohamed] Nasheed’s big plan is to undermine Maldivians’ religion, introduce other religions into the country and encourage vice.”

According to the President’s Office Press Secretary Mohamed Zuhair, however, the pamphlet “contains a litany of extremist, bigoted and hate-filled rhetoric aimed primarily at President Nasheed and his administration.”

“There isn’t a sentence in this pamphlet that isn’t a slanderous lie against the government,” Zuhair was quoted as saying. “This is an official DQP pamphlet, colour printed and branded with their logo and contact details.

It has clearly been sanctioned, and probably written, by senior party officials including leader Dr Hassan Saeed”, he said, adding that Saeed and DQP members “should be thoroughly ashamed of themselves.”

A former Attorney General and 2008 presidential candidate, Dr Hassan Saeed made similar claims under the previous government in 2007, prompting then President Maumoon Abdul Gayoom’s government to contract UK security and private investigation firm Sion Resources for a surveillance operation dubbed ‘Operation Druid’. After a series of inquiries, it was clear that nothing untoward or anti-Islamic had taken place.

Saeed today said he would not speak to Minivan News. When asked whether other DQP members would be available for comment he retorted, “you can try your luck”.

DQP members Dr Mohamed Jameel Ahmed and ‘Sandhaanu’ Ahmed Ibrahim Didi were summoned for questioning at 8pm on Thursday, January 12.

Saeed accompanied the pair as their lead lawyer. Since that time, Jameel has been detained twice and Didi has been detained once, although they have both been summoned for questioning every night since except for Friday. Didi was not summoned on Monday.

One of DQP’s vice presidents Abdullah Matheen was also briefly detained.

At 2312 members, DQP is the sixth smallest of the nation’s 15 political parties. No other DQP members had responded to phone calls at time of press.

Meanwhile, opposition supporters have protested the police action against DQP leaders on a nightly basis on the grounds that the government is impounding the people’s freedom of expression, granted under Article 27 of the Constitution.

Portraying the government as sympathetic to the Jewish people, the pamphlet contends that the President aims to undermine national unity by attacking the national religion of Islam.

“When the Nasheed administration established diplomatic relations with the biggest enemy of Islam [Israel], the government agreed to change the school curriculum and teach our small children about the goodness of Jews,” reads page seven of the pamphlet.

Deputy Minister of Education Dr Abdulla Nazeer believed the accusations were “baseless lies”.

“We haven’t had any such discussions at any stage during the reform of the curriculum,” he said.

Nazeer pointed out that as the school curriculum had not been revised since 1984 at the time that the current government took office, the Ministry had issued 7,000 surveys and held 200 public meetings to get the public’s input on the matter.

He added that information discussed at a curriculum symposium is publicly available on the ministry’s website. While the ministry has added a group of elective subjects, Nazeer noted that Islamic and Dhivehi studies were mandated according to the public’s request.

The only subject that comes close to teaching about the “goodness of Jews” would be the broad, non-religious discipline of Social Studies.

“The O-level pass rate has improved from 27 percent to 35 percent over the pass three years, and this year we are hoping for 40 percent. Parents, schools boards and teachers are working very hard to improve the school system.

“Unfortunately, some social and oppositional elements are not happy with these efforts and are looking for ways to ridicule the government,” Nazeer concluded.

The DQP pamphlet also criticises the government’s foreign policy as evidence of its penchant for the Jewish people.

“The government accepted the responsibility of monitoring and reporting on the human rights situation in Iran. This task was assigned to Nasheed’s former Foreign Minister Dr Shaheed. There is no doubt that this was a reward for the Nasheed administration’s efforts to strengthen ties with the Jews and please the Jews,” the pamphlet reads on page 20.

“The Jew’s plan and way of thinking is to divide Islamic countries,” it adds, further claiming that Maldivian government officials hold secret identities as “Christian priests”.

Directing accusations at neighboring SAARC countries, DQP claims that the cultural monuments gifted at the 2011 SAARC summit hosted in Addu City are really “religious statues, depicting other Gods for praying [towards].”

Sri Lankan President Mahinda Rajapaksa is also implicated for unveiling his country’s statue of the national lion – a “statue for praying”, DQP claims.

According to DQP, the monuments prove President Nasheed’s involvement in an international conspiracy to introduce other religions into the Maldives.

Following repeated acts of vandalism and theft, the monuments were recently removed to a secure location by Addu City Council. Officials have claimed that the acts against the monuments were not religious but political, and noted that the stolen Nepalese monument was a simple block that read “Nepal”. Other accusations target people who dance and women who wear skirts as “disrespectful towards Islam”, reads the President’s Office translation.

Dancing is frowned upon by conservative interpretations of Islam. However, the popular Maldivian dance and drumming tradition of bodu beru engages men in dancing activities.

According to Press Secretary Zuhair, DQP’s statements have “[undermined] the religious harmony of the country” by using the constitutionally-granted right to freedom of expression as an excuse to engage in hate speech.

“With rights come responsibilities. Freedom of speech does not entitle you to maliciously shout ‘fire’ in a crowded theatre,” he said. “Similarly, you cannot spread malevolent lies about the government, whip up hatred against people and undermine the religious harmony of the country and claim it is your right to do so under freedom of expression.”

Meanwhile, the President has requested Minister of Islamic Affairs Dr Abdul Majeed Abdul Bari to investigate DQP’s allegations and advise on the proper response–whether to form an independent commission to investigate the matter, or request Dr Bari to seek the counsel of his colleagues.

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Sri Lankan tourism model could benefit local industry and exposure

While Maldives niche market continues to draw elite dollars, Sri Lanka’s tourism industry earned more money in 2011 than its island neighbor, statistics suggest. However, the Maldives’ move into the mid-market sector could expand horizons for budget travelers and Maldivians alike.

On January 6, Reuters reported that Sri Lanka’s tourist arrivals hit a record high in 2011 with a 30.8 percent jump to 855, 975; in 2010, the country experienced a 64.8 percent jump. Sri Lanka’s state revenue from tourism also rose by 46.7 percent to US$735.7 million in the first 11 months of last year.

Meanwhile, the Maldives has seen its own tourist arrivals jump to a record high of 1 million in 2011 – triple the country’s population.

The elite level of a Maldives vacation would suggest an elite revenue; use of the airport alone costs the 1 millions tourists approximately US$18 apiece, bringing US$21 million to the State last year. Yet in spite of the higher arrival rate, Maldives Inland Revenue Authority (MIRA) statistics estimate state revenue from tourism in 2011 at US$374 million–half its neighbor’s intake.

MIRA’s statistics are subject to two wild cards–the newly implemented Goods and Services Tax (GST) which left many items undeclared, and the possibility that some yachts aren’t declaring their total profits. Corruption is also a concern across the region, in which many countries have developing government infrastructure. “In the old days, there was no tax or GST,” said Managing Director of Maldives Marketing and PR Corporation (MMPRC) Simon Hawkins. “But now we have an accounts footprint from the GST, which will be available by 2013, so we will have a better idea of how money is being spent and where it’s going,” he added.

In addition, Sri Lankan nationals have more options for travel within their own country than the average Maldivian does among the islands. Even for Maldivians who could afford a resort trip, the un-Islamic stigma of the resorts is socially prohibitive and limits domestic tourism.

While Finance Ministry officials have been unable to clarify the discrepancy, Sri Lankan officials have pointed to the grassroots nature of their own tourism industry.

Listing the variety of vacations available in Sri Lanka, one official noted that the tourism industry is integrated into the local culture, and money paid to guest houses, restaurants and cultural and entertainment services goes directly into the economy.

By contrast, a Maldivian vacation typically happens on an island isolated from local culture and economy, feeding chunks of revenue to the expatriate workers and foreign investors who dominate resort operations.

While both countries compliment each other, Maldives is hard to beat, said Hawkins.

“Most people who go to Sri Lanka are backpackers. The beaches are okay, but people go for the cultural experience,” he said. “The most common package is the honeymooners who want to spend a week in Sri Lanka and a week in the Maldives. The general consensus is its more expensive in the Maldives but its worth it.”

According to State Minister of Tourism Thoyyib Waheed, the Maldives elite niche is a product of high-stakes bidding.

“In the last five years the government has given away many islands to the highest bidder. Because of that process, the winning bidder cannot develop a resort for the mid-market. To earn a return on the investment, the bidder has to aim for the high-end market,” he said.

Pointing to the dwindling arrivals from Europe, Waheed explained that during the global recession tourism operators have more Europeans requesting budget vacations.

“They’re looking for those rooms, especially the UK market, but we don’t have them. We need to provide for that charter market.”

While Sri Lanka may attract more budget backpackers, statistics suggest it is also pulling more of the Maldives’ main markets – flush Europeans and curious, recession-proof Asians.

In 2011, Western European arrivals jumped 22.7 percent, accounting for over ⅓ of tourist arrivals that year. South Asian arrivals jumped 35.3 percent, rivaling their Western European counterparts, government data suggests.

As a result, “the government is targeting annual revenue of $2.75 billion by 2016 from 2.5 million expected visitors attracted by Sri Lanka’s beaches, hills and religious and historic sites, while aiming for $3 billion in foreign direct investment,” Reuters reports.

Looking ahead to 2012, Sri Lanka is expecting a revenue in excess of US$1 billion – a 20 percent increase from 2011.

Deeper in the Indian Ocean, the Maldives appears to be edging into the mid-market sector.

According to State Minister Waheed, land lease rates have dropped from previous levels to encourage more mid-market tourism projects–and benefit the local economy. “The President’s view is, why can’t tourists come and stay in an empty room of a local home? There are so many empty rooms on the islands, everyone shouldn’t come and stay in a resort. In Germany tourists can stay in bed & breakfasts. In Maldives, it doesn’t have to be five-star.”

According to MMPRC, 88 percent of Maldives hotels are four star and above, giving it the highest propensity of hotels in terms of the high-end market anywhere in world. It also enjoys the highest occupancy rate (75 percent) world-wide.

While Maldives will maintain its one island, one resort image, it is aiming for more variety. Two projects in Laamu Atoll Gan are actively moving in that direction.

J Hotels and Resorts is expected to bring two 300-bed hotels and 69 guest houses to the 25 hectare area along with recreation activities, water sports and restaurants. Tourism Minister Dr Maryam Zulfa has said the Ministry is keen to see the Asseyri Project succeed.

“Right now we can’t cater to the mid-market tourists who want to have options when they make a trip to or within the Maldives,” Zulfa explained. “This will give them that opportunity. And the basis of the project will be the natural beauty – the beach, lagoon and reef are absolutely fantastic.”

She added that commercial components of the area would be rented out to different parties, thus involving more local entrepreneurs in the Maldives tourism-based economy.

In February, Reveries Boutique will become the first resort to open on a local island. Offering rooms available for under US$200 and the option of strolling into town for fish curry or mashuni, management aims to “explore the idea that parts of the Maldives are open for people of all types.”

Locals stand to gain in both income and experience.

Allowing guest houses in local islands would bring more jobs and new businesses to those areas while raising the rate of interaction between locals and tourists. Waheed added that the government is taking steps to help tourists navigate the country, rather than remain stationary on resort islands.

The same rule applies to Maldivians.

While Maldivians don’t normally go for vacation in the Maldives, they do spend high amounts abroad, “although vacations are often combined with medical treatments”, Waheed pointed out. High domestic costs also make international travel an attractive alternative–a return flight to Addu can cost more than the airfare to Colombo and back.

Although inter-island transport has improved in recent years, “locals don’t really know where to go or where to stay,” said Waheed. “The steps we are taking now will give locals more opportunities to travel around the Maldives.”

In August 2011, Sri Lanka’s “The Sunday Times” advised the nation to follow the Maldives’ lead.

“Resorts in the Maldives charge rates from US$200-300 upwards to over $1000 per night, and the authorities are now looking to attract the mid-market clientele which is also Sri Lanka’s market – though the two markets have different attractions”, read the article.

While Sri Lanka’s product is less luxe its method appears to bring more to the government, and theoretically the people working in the tourism industry. Moving into the mid-market sector could open opportunities for Maldivians seeking to gain a slice of the nation’s highest-earning industry, as well as offer them more exposure to their own country.

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Ferry services accomodate medical staff shortage

Ferry services in Raa Atoll are helping the Rasgetheem community cope with dwindling medical staff.

With the island’s only doctor on a four-day leave, medical services beyond simple blood pressure tests have been suspended. Meanwhile, the clinic’s nurse remains on duty to provide basic services to Rasgetheem’s 952 residents.

Although the lack of a doctor would seem insupportable for any community, a Rasgetheem council member said new ferry services have accommodated the inconvenience.

“Since the ferry opened people are choosing to go to Ungoofaru, it’s only one-and-a-half hours by ferry”, she pointed out.

The council member said a second doctor had been requested, however the council understood that none were available.

Of Raa Atoll’s 15 inhabited islands, none have more than one doctor and there is no back-up physician to fill in when doctors go on leave. In most cases, island doctors are limited by skill set and technology.

Ungoofaru Regional Hospital Assistant Manager Hussain Shiham said medical staffing was one of the atoll’s biggest concerns.

“Staffing here is very weak, especially doctors. Right now Raa atoll, Noonu atoll and Baa atoll don’t have gynecologists. Raa atoll doesn’t have a dentist or an orthopedist. We have applied for over 19 medical personnel, but the medical council hasn’t approved any,” said Shiham.

Shiham explained that the regional hospital has requested staff, even submitting applications for positions received from medical professionals in Italy, Russia and the Ukraine. “But the medical council won’t accept Russian graduates because their school system isn’t registered internationally,” he said.

When asked about the Atoll’s relationship with the medical council, Shiham said he was unclear about the election process and supposed that council members had political motivations.

Assistant Director of the Ministry of Health and Family, Fathimath Lamiya, said new hires had been delayed by flaws in the recruitment process which exposed communities to medical malpractice, but corrected that the changes had not created the current staff shortage.

Previously, she explained, members of the health sector assumed that approval to recruit staff members was equivalent to approval to practice medicine.

“The councils are mandated to regulate health professionals and ensure that they meet certain standards,” Lamiya said. “In most countries you have to be registered with a board or council to certify that you are able to practice. Many weren’t, but now they are being registered.”

New regulations under the Health Ministry aim at reducing the time, cost and risk of hiring foreign medical staff.

“All candidates will submit qualifications to get approval, but now they can use photocopies rather than original documents,” Lamiya said, adding that the previous system requiring original documents involved candidates coming into the Maldives and, if not approved, receiving a paid flight home at the Maldivian employer’s expense.

“Now, candidates will get their recruitment approval before they arrive, the Human Resources Ministry will require that approval to issue a visa, and upon arrival they can register with their original documents in the island councils,” Lamiya said.

She observed that the shortage of medical staff was a concern, but hoped the new process would ensure that good doctors are hired.

Meanwhile, Shiham said, health professionals on Raa Atoll make ends meet.

“Ferry rates have dropped significantly, so people are coming more and more to the regional hospital,” he said, acknowledging that the service has boosted cooperative efforts among the islands.

“If a person has a serious health condition [when the doctor is away], then people will get a launch to take him to a nearby island. The nearest is only three minutes away. A nurse is usually in a health center nearby, and I think we can provide services”, he said.

For services beyond the capacity of the regional hospital, Shiham said a four hour ferry to Male’ was available for Rf 580 (US$35).

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Inmates Creativity Fair reveals creative side of jail

“I’m improving my painting, and it’s helping me make improvements in my life. It’s now an interest.”

Adam Arif is four years into a 25-year sentence at Maafushi jail. Participating at the 2012 Inmates Creativity Fair, held in the National Art Gallery from January 12 to 14, he said the arts program has improved daily life at Maafushi, and that the fair was a good chance to see the Male‘ community.

“The art projects allow them to gain valuable skills and hold a normal routine while in prison,” said Mohamed Asif, Assistant Superintendent of the Department of Penitentiary and Rehabilitation Services (DPRS). Inmates who choose to participate in the government-sponsored program work from 9 am to 12 pm, break for lunch, and then again from 1 pm to 3 pm. “It’s like a full job,” he explained. “Otherwise they’d just be sitting behind bars.”

Organised by DPRS, the fair was hosted by inmates and DPRS staff wearing orange tee-shirts sporting the logo “Accept Me”. Paintings, jewelry, handbags, model ships, plant arrangements and even vegetables available for sale were produced by the 80 to 100 male and female participants from Maafushi and Asseyri, most of whom were not formerly artists. They receive Rf900 (US$360) per month.

But business could expand.

“We’ve had a lot of positive comments from people, requesting us to open a shop because they want to buy more. We plan to launch a website to sell the prisoners’ artwork at the end of next month”, Asif said.

With most objects sold by 8:30 pm on the last evening of the fair, Asif estimated that the fair earned Rf1 million (US$64,850). However, he was careful to point out that the earnings are not a profit.

“The money goes back to the government, and is incorporated back into the budget and used to provide more tools for art projects,” he said. “The problem is, actually, we want a revolving fund. We’d like to sell and make a profit and then be able buy more materials and repeat the process. But at the moment, because of legislating governing financial procedures, we aren’t authorised.”

Although the inmate arts program is funded by the government, Asif believes financial autonomy would improve the program. “We are going to introduce a prison club, like the police club, so we can have our own budget to buy and sell,” he explained.

While Asif pushes for independence within the practice of prison reform, he acknowledges that significant improvements have been made in the past few years.

“There is renovation being done at Maafushi, Asseyri, and how they are going to build a new prison at Nanaykurandhoo,” he pointed out. Although the parole system is far from strong, Asif noted that the 2011 Second Chance Program had released 337 inmates since its inception in September, only 30 of whom had returned to prison, mostly from drug relapse.

Maldivian prisons currently house approximately 1000 inmates–0.3 percent of the national population. Nearly three-quarters of the prison population has been incarcerated for drug offences.

According to a 2011 report released by the United Nations Development Program, however, the prison system is poorly equipped.

“The problem in the Maldives is that there aren’t proper prisons,” co-author and UNDP program specialist Naaz Aminath told Minivan News in a previous article. “There is no structure to support the prisoners who are there.”

Inmates surveyed complained about a lack of structure in prison life, listing torture, inhumane treatment, drug availability and false hope from politicians as key factors.

“Plus, there isn’t much to read there,” Aminath explained. Only Asseyri and Maafushi prisons have ‘libraries’–rooms with a few books located outside the gated complex. “It’s risky to go there because it’s not within a protected area, and there simply aren’t enough staff to organise daily library trips. Really, I wouldn’t even call it a library.”

When asked which rehabilitation programs were most needed, inmates most commonly requested religious education (86.4 percent), counseling therapies (76.1 percent) and life skills (75.1 percent).

While the Second Chance program is re-integrating prisoners into society, other steps are improving the situation behind bars.

In 2011, an education program helped over 100 prisoners prepare for their O-levels. A much-anticipated Drugs Bill was passed during Parliament’s last moments of 2011, re-structuring the court procedures for those accused of drug offenses and offering an overhaul of the rehabilitation system. Asif further anticipates that a Prisons and Parole Bill which was sent to Parliament in June 2010 will be approved by March of this year.

Speaking at the fair’s opening ceremony on January 12 President Mohamed Nasheed, himself a former inmate of Maldivian prisons, said the emerging democratic system and reviews of the Constitution have contributed to improvements in the prison system. The President added that cooperation within the community would be measurable by initiatives taken to formulate prison reforms.

Comparing current prison conditions to those of the former regime, the President further stated that existing and pending legal framework offers a second chance for criminal offenders and asserted that torture and oppression faced by prisoners in this country were a thing of the past.

A comment book at the fair revealed an array of positive public responses. Supportive comments such as “this is the best thing I’ve done in 2012 so far” and “this shows that all the prisoners need is guidance in becoming useful people in society” were interspersed with statements of support from former inmates and suggestions for an inmate’s music group, football team and body-building club.

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Supreme Court backs down from issuing ruling on legality of selling pork and alcohol

The Supreme Court has rejected the government’s request for a consultative opinion over whether the Maldives can import pork and alcohol without violating the nation’s Shariah-based constitution.

Pork and alcohol are prohibited items under Shariah law.

The judges unanimously rejected the case on the grounds that the matter did not need to be addressed at the Supreme Court level.

The Court did note, however, that pork and alcohol have been imported under provisions of the Contraband Act and that there is a regulation in favor of the trade. As no law has declared the regulation unlawful, the import of pork and alcohol is indeed legal, the court claimed.

Meanwhile, Article 10 of the Constitution states that “No law contrary to any tenet of Islam shall be enacted in the Maldives.”

The Constitution also states that any law not struck down by the courts is valid.

The government last week requested a consultative opinion from the Supreme Court on the matter to level a heated debate over the compatibility of resort tourism and Maldives’ national religion Islam, prompted by protests on December 23, 2011 in defense of Islam.

Responding to demands made of the government by the protesting coalition of religious NGOs and opposition parties, the government issued a circular closing spas in all resorts and announced it was considering a ban on pork and alcohol, in a move to align government policies with Islamic standards.

While the trade of alcohol is not conducted by the government, the government receives a significant profit of the trade from the Goods and Services Tax (GST).

In particular, opposition Jumhoory Party (JP) Leader and MP ‘Burma’ Gasim Ibrahim owns Villa Hotels resort chain and is allegedly one of the biggest beneficiaries of the alcohol trade.

A tolerant society with a dependent economy

Since resorts first opened in the Maldives in the 1970s, tourism has been the core of the island nation’s economy. To accommodate the industry as well as the national Islamic faith, in 1975 the Ministry of Economic Development regulated the sale of pork and alcohol to tourist establishments (Act 4/75).

While there is no regulation or set of guidelines specific to spa operations in resorts, Article 15(a2) of the Goods and Services Tax Act stipulates that spas are legally accepted in the Maldives as tourism goods, and therefore may be operated in compliance with tourism regulations.

After its formation in 2009 the Parliament had nine months to reject any legislation which did not conform with the Constitution.

Parliament did not reject the regulation on the sale of pork and alcohol in 2009, thus allowing it to stand by default.

Speaking to Minivan News last week, Attorney General (AG) Abdulla Muiz believed that although the regulations were clear, legal clarification would mitigate concerns. He suggested that the recent debate has had more to do with internal politics than the oft-cited public preference.

“We are quite a tolerant society, although there a few elements which walk a hard line,” he observed. “I don’t think there is a public concern over the sale of alcohol and pork in resorts.”

The AG pointed out that the majority of the nation’s citizens are primarily interested in the quality of their daily life. He added that the population of 350,000 is annually trumped by the over 700,000 tourists would come to- and invest in – the Maldives.

“If there is a decision prohibiting the sale of alcohol in the tourism sector, it will have a great impact on the economy. The 2012 State Budget of Rf14 billion [US$946.8 million] is very much based on the estimated revenue from the tourism sector. And the government has obligations to investors–it has leased 100 resorts and awarded 5o to 60 islands for development. I hope the Supreme Court will take the economy into account,” he said prior to the Court’s decision.

Muiz said a court ruling would assure investors that the current system is valid.

A problematic profile

Two months ago, protestors demanded that UN Human Rights Chief Navi Pillay be “slain” for her comment against flogging as a punishment for extra-marital sex. One month ago, the coalition formed by religious groups and opposition parties for the “defend Islam” protest called for stricter regulations in keeping with Shariah law, notably stricter regulations on the sale of pork and alcohol and the closure of massage parlors “and such places where prostitution is practiced.”

International media subsequently reported the story with varying degrees of accuracy, presenting a Maldives starkly different from widely-marketed white sand and turquoise waters.

Noting that the tourism sector had suffered many cancellations in past weeks, MATI Secretary General Sim Ibrahim Mohamed previously pointed out that “people get jittery when you talk about fundamentalism, radicalism, extremism–since 9/11 these have been very sensitive words.”

Speaking to Minivan News last week, religious conservative Adhaalath Party chief spokesperson Sheik Mohamed Shaheem Ali Saeed said, “Maldivians are very nice people, you don’t see any country like the Maldives in the Islamic world, so why would we want to damage these people? These are Muslim people and they like moderate views.”

Calling tourism “the backbone of our national economy”, Shaheem said he was “100 percent sure there is no prostitution in the tourism industry here. It is very professional, it is the most famous tourism industry in the world and is accepted by the international community. Why would we want to attack ourselves?”

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