Author: Mohamed Naahee

Criminal Procedure Code to be completed by end of week: MP Moosa ‘Reeko’ Manik

Chair of Parliament’s ’241′ Security Services Committee, Maldivian Democratic Party (MDP) MP Moosa ‘Reeko’ Manik, has told local newspaper Haveeru that the country’s Criminal Procedure Code will be completed within a week.

“Even if it means meeting twice a day, the Committee members wish to complete the bill on criminal procedure during next week. There is unfinished work in the Parliament over the strengthening of the judicial system. So we are completing the bill on criminal procedure,” he was reported as saying.

Reeko added that representatives of both the Prosecutor General’s (PG) office and the Attorney General’s (AG) office would be assisting the committee with its work in analysing the current draft of the code.

Both Attorney General Azima Shukoor and Prosecutor General Ahmed Muizz were not responding to calls from Minivan News at the time of press.

Reeko added that Parliament’s Independent Commissions Committee will also assist efforts to complete the bill, while expertise of other relevant stakeholders would also be sought if deemed necessary.  He was not responding to calls from Minivan News at time of press.

The amendments follow a number of high profile murders that have taken place in the country this year.

In February 2012, a 21 year old man identified as Abdulla Muheeth was murdered by a gang after that allegedly mistook him for someone else.

On May 30, the body of a 16 year-old boy was discovered by police inside the park behind Kulliyathul Dhirasathul Islamiyya.

The following day, a 65 year-old man identified as Hassan Abubakur was found murdered inside his own house on the island of Manafaru in Noonu Atoll.

A month later, Prominent Lawyer Ahmed Najeeb was found brutally murdered.

On the same month, 26 year-old police officer Lance Corporal Adam Haleem was stabbed to death on Kaashidhoo island in Kaafu Atoll while trying to apprehend a suspected criminal.

The latest high-profile nurder was that of religious scholar and MP Dr Afrasheem Ali.

The MP, a representative of the government-aligned Progressive Party of the Maldives (PPM) was found murdered outside his home after returning home from appearing on the TVM show “Islamee Dhiriulhun” (Islamic Life) with Deputy Minister of Islamic Affairs Mohamed Qubad Aboobakuru.

Following the deaths, parliament was subjected to public criticism and condemnation over claims it had not passed adequate laws to combat fears of growing criminal activity in the country.

However, responding to the criticism, several parliamentarians claimed that they had passed the necessary bills and it was the responsibility of the authorities to execute the passed laws.

The recent murders have given rise to growing calls from the public to implement death penalty under Islamic Sharia.  The government of President Waheed has stated that it is in the process of proposing a bill on death penalty very soon.

Under Islamic Sharia, the death penalty is the punishment of a murderer (one who kills deliberately) and that he is to be killed in retaliation (Qisaas) unless the victim’s next of kin let him off or agree to accept the ‘Diyah’ (blood money).

In April 2012, the PPM MP Ahmed Mahloof proposed an amendment to the Clemency Act (Act no 2/2010) which would make performing the death penalty mandatory in the event it was upheld by the Supreme Court.

His amendment would require the President to enforce any death penalty if the Supreme Court issued the verdict of death, or if the Supreme Court supported the ruling of the death penalty made by either the Criminal Court or the High Court.

The move would halt the current practice of the President commuting such sentences to life imprisonment.

“I believe nobody would want to die. So if the death penalty is enforced, a person who is to commit a murder would clearly know that if he carries out the act, his punishment would be his life. I believe this will deter him from committing such acts,” Mahloof said following the submission of the amendment.

Maldivian Democratic Party (MDP) MP Ahmed Rasheed and later MP Ibrahim Muthalib had also previously submitted similar amendments to the Clemency Act, although both men subsequently withdrew the motions.

Although death sentences are issued by courts in the Maldives, traditionally those sentences a commuted to life imprisonment under the power vested in the President.

From January 2001 to December 2010, a total of 14 people were sentenced to death by the courts.  None of these sentences have been carried out.

The last person to be executed in the Maldives after receiving a death sentence was in 1953 during the first republican President Mohamed Ameen. Hakim Didi was charged with attempting to assassinate President Ameen using black magic.

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High court rejects Nasheed’s appeal challenging legitimacy of Hulhumale’ magistrate court

The High Court has rejected former President Mohamed Nasheed’s appeal challenging the legitimacy of Hulhumale’ Magistrate Court, and its summoning of him in connection to the detention of Chief Criminal Court Judge, Abdulla Mohamed.

The former President’s legal team appealed the  court’s summoning order issued to police to summon him to a rescheduled hearing to be held on Sunday at 4:00pm.

Nasheed and his lawyers did not appear at the court hearing, and police made no attempt to arrest the former President.

The trial, which has been described by present Home Minister and former Justice Minister Mohamed Jameel on twitter as a “historic criminal trial” has escalated political tensions in the country.

Nasheed’s legal team earlier on Sunday challenged the legitimacy of Hulhumale’ Magistrate Court, claiming that the court was formed in contradiction to the provisions stated in the Maldivian constitution.

Speaking to local media , member of Nasheed’s legal team and the former Minister of Human Resources Hassan Latheef said the Hulhumale court had “no legal capacity” to issue an order to police to summon Nasheed.

“In the appeal, we also intend to raise the question of legitimacy surrounding Hulhumale’ Magistrate Court.  We also hope that the High Court will make a decision on the legality of the formation of this court,” explained Latheef.

The team had filed for a temporary court injunction to halt the trial until the appeal case was concluded.

Former MP and President of MDP Ibrahim ‘Ibra’ Ismail echoed similar remarks,raising doubts on the legitimacy of Hulhumale’ Magistrate Court.

Writing on his personal blog, Ibra claimed that the constitution had very clearly mentioned that trial courts would be defined and created by a law.

“When Parliament created courts by the Judicature Act, there was no ‘Hulhumale’ Court’ designated as a Magistrates Court,” he wrote.

“The Supreme Court itself is still sitting on the case of the validity of the [Hulhumale’ Magistrate Court]. It was created by the Judicial Service Commission (JSC), without authority derived from law. Therefore the validity of any orders or judgments issued by this court is questionable, and the Constitution says no one has to obey any unlawful orders, ie, orders which are not derived from law,” he explained.

He also cast doubts on the legitimacy of the JSC’s decision to appoint a panel of judges to look into the case.

“The Judicature Act does make some provision for Superior Courts (Criminal Court, Civil Court, Family Court and Juvenile Court only) to appoint a panel of judges for some cases. Such panel has to be decided by the entire bench or Chief Judge of THAT court. In this case, a panel of judges from other courts was appointed by the JSC to [Hulhumale’ Magistrate Court]. The JSC does not have that authority by Law,” he contended.

“There is more than ample grounds to contend that the summons was issued by an unlawful panel of judges, sitting in an unlawful court, which had already issued an unconstitutional restraining order which was ultra vires,” he added.

Nasheed was initially to appear at the Hulhumale Magistrate Court on last Monday but instead decided to depart on his party MDP’s campaign trip ‘Vaudhuge Dhathuru’ (‘Journey of Pledges’) to southern atolls, defying a previous court order that he remain in the capital.

On September 26, Hulhumale’ Magistrate Court ordered that the former President be confined to Male’, ahead the court case.

The court officials claimed that such a travel ban was the “standard procedure” followed by all courts to “necessitate those accused in a case to obtain permission from the relevant court to leave the country”.

Following Nasheed’s failure to present himself on last Monday’s hearings, Hulhumale Magistrate Court asked the Maldives Police Service to “produce” Nasheed for the rescheduled hearings but was “not to be detained”.

Initially upon reception of the Hulhumale Court’s request, Police Media official Sub-Inspector Hassan Haneef said the authorities would enforce the “court order” to summon Former President Mohamed Nasheed to the court.

However, police on last Saturday said in a statement that, given the phrasing of the request made by the Hulhumale’ Magistrate Court, Nasheed could only be produced to the court with his consent and the request did not mention to detain him.

The statement by the police stated that “producing someone out of his will” would mean to “limit his freedom” and therefore it amounted to an arrest which was not mentioned in the court’s request.

Hulhumale’ Magistrate court initially rejected the case forwarded by the Prosecutor General against former President, stating that the court did not have the jurisdiction to look into such cases as stated in the Judicature Act.

The state then appealed the decision in High Court and won its case where the Hight Court invalidated the decision.

Deputy Prosecutor General Hussain Shameem, dissenting the decision of Hulhumale’ Magistrate Court claimed that the court did have the jurisdiction to hear the case of former President.

He contended that should the court maintain its decision against hearing the case, there were few other judicial alternatives in trying to ensure a “fair trial”.

The High Court ruling stated the case was based on the “unlawful detention” of a person, adding that magistrate courts have the jurisdiction to proceed with such cases.

Following the High Court ruling, Hulhumale’ Magistrate Court decided to re-accept the case and proceed with the hearings.

On January 16, Chief Judge Abdulla Mohamed was detained by the military, after he had opened the court to order the immediate release of former Justice Minister, current Home Minister and deputy leader of the Dhivehi Qaumee Party (DQP), Dr Mohamed Jameel Ahmed.

The former Home Minister Hassan Afeef said at the time that military assistance was sought for “fear of loss of public order and safety and national security” on account of Judge Abdulla, who had “taken the entire criminal justice system in his fist”.

Judge Abdulla’s arrest sparked international criticism of the Nasheed administration as well three weeks of anti-government protests in January, leading to Nasheed’s controversial resignation on February 7.

Along with Nasheed, former Defence Minister Tholhath Ibrahim as well as three other senior military officers are facing charges over the arrest of the judge.

Nasheed has meanwhile vowed to his supporters that his name would appear on the ballot paper of the next presidential election, and that he was “not in the mood to be straitjacketed and put in a dungeon.”

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Felivaru Fisheries Maldives Chairman sacked over allegations of corruption

Chairman of Felivaru Fisheries Maldives Ltd (FFM), Mohamed ‘Inthi’ Imthiyaz was yesterday sacked from his position over allegations of corruption.

Spokesperson of Presidents Office Abbas Adil Riza told local media that Imthiyaz was removed from his position following an investigation of corruption by the Anti-Corruption Commission (ACC), allegations which included issuing of several cases of canned tuna on credit to a paper company under his name.

Imthiyaz is also the Registrar General of the Jumhoree Party (JP), led by business tycoon MP Gasim Ibrahim.

“The government’s view is that when a person is alleged to be involved in corruption he should be removed from his position in government or government affiliated company. Such cases will be investigated by independent institutions and being in such a position may hinder the investigation. So that was the principle that the government viewed,” said Riza, who is also a fellow JP council member.

President of ACC Hassan Luthfee confirmed to Minivan News that the case was filed and the investigation completed.

Imthiyaz, who is currently on a trip to Dubai, told local media he was not aware of the government’s decision to remove him from his position and rebutted the allegations, claiming that he had not done anything corrupt for government to remove him from the position.

“This case is about an allegation that one of the shops that I run took canned tuna cases on credit. Following the allegations I checked the transactions of the shops to confirm whether such a request was carried out but I didn’t find any. Also the board of FFM had not approved any such transaction,” he said earlier.

He further stated that he was giving full cooperation to ACC and added that he had been away from his business following his involvement in politics. Imthiyaz alleged the case was filed in ACC by political opponents to tarnish his image.

Minivan News tried contacting Imthiyaz but his phone was switched off.

Imthiyaz was the former Deputy Chairperson (Administrative) of the opposition Maldivian Democratic Party (MDP) but changes sides to the JP in February 2012 following the transfer of power. He was later nominated to the position of chairman of FFM by JP under its coalition agreement with the government of President Mohamed Waheed Hassan.

FFM is a government owned company formed during President Mohamed Nasheed’s tenure, after the splitting of the Maldives Industrial Fisheries Company (MIFCO). Factories in Felivaru Island and Kooddoo Island were separated from MIFCO and made as into two different government companies: FFM and Kooddoo Fisheries Maldives (KFM) respectively. FFM specialises in producing high quality canned tuna and cooked loins for local and export markets.

Meanwhile corruption allegations have been levied up against several other appointees to the government companies.

Yesterday, Managing Director of MIFCO Hassan Shafiu and board members Ali Saifuddeen and Mohamed Wajeeh Ibrahim were also sacked from their positions over allegation of corruption.

Local newspaper Haveeru reported that the three were removed from their positions.

Minivan News tried contacting Shafiu but did not respond at time of press.

Speaking to Minivan News, ACC President Hassan Luthfee confirmed both cases had been filed.

He further added that Imthiyaz’s case had been finished and had sent a letter to Presidents Office regarding its findings. However he said that the MIFCO board members case is still under investigation and declined to provide any details.

Minivan News tried contacting Presidents’ Office Spokesperson Abbas Adil Riza but he did not respond at time of press.

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MDP MP facing charges of terrorism over February 8 retaliatory protests

The Criminal Court has given Maldivian Democratic Party (MDP) MP Mohamed Rasheed ‘Matrix Mode’ the opportunity to appoint an attorney to defend himself from charges of terrorism.

The MP for mid-Hithadhoo constituency, along with 43 other protesters including a city councillor from Addu City, are facing terrorism charges for their involvement in the events that took place on February 8, a day after controversial transfer of power in the Maldives.

Following the controversial transfer of power on February 7, thousands of MDP supporters, led by ousted president Mohamed Nasheed, took to the streets opposing the newly installed regime, claiming that it was an illegitimate government installed during a police and military mutiny.

The protesters were met with a violent police crackdown that saw numerous protesters injured and detained, including ousted President Nasheed himself.

Retaliatory protests spread across the country including the southern MDP stronghold of Addu, where Mayor Abdulla Sodig was beaten by protesters and taken to the Addu regional hospital. Several government buildings including police stations and courts were set ablaze during the chaos.

Out of the 43 people now facing criminal charges, hearings for 36 protesters have been previously carried out. None have yet been sentenced.

During Sunday’s hearing, Rasheed and another participant of the events of February 8 were given three days to appoint an attorney to represent them in court.

The state attorney did not read the charges in the hearing, but the Prosecutor General (PG) earlier told local media that Rasheed was charged for allegedly threatening police on the Seenu Gan course way.

He is also charged with inciting violence and calling upon protesters to attack Seenu Gan Police Station and the officers there, and calling for people to attack the Feydhoo Magistrate Court and Hithadhoo Police Station, the PG said.

The PG also said that the MDP MP was charged under article 2(f) and 2(g) of the Anti-terrorism Act, and also article 6 of the same act.

If Rasheed is found guilty of the charges, he will face a sentence of 10 to 15 years imprisonment or banishment, which will cost him his seat in the parliament.

After the hearing, in a brief statement given to media, Rasheed rebutted the charges stating that he “was not someone who would attack on public property”.

“I am one of those people who worked very hard to bring developments to Addu City during the tenure of [former] President Mohamed Nasheed. Why would I call upon the people to do something to destroy that? I do not believe this,” he said.

He further stated that the supporters of the current government and the media outlets that are politically aligned to government had continuously accused him of being a terrorist, but said the case itself revealed that he was not a terrorist.

“It is only today I have come to know of the charges. Government aligned newspapers, police and senior officials of this government including ministers and the Presidents’ office spokesperson are accusing me of setting ablaze public property and carrying out terrorist attacks,” he said.

“But according to the charges levied up against me, it is not true. The criminal charges do not mention that I did such things, instead the case is built on what I said,” he added.

Last August the PG pressed terrorism charges against more than 40 individuals accused of setting the Seenu Gan police station on fire on February 8, including many MDP activists and elected officials.

The former ruling MDP condemned the “false charges” pressed against “elected representatives of the people of Addu City” and a number of citizens as “politically motivated”.

In a statement, the party said that it believed the charges represented “a deliberate attempt by the regime to destabilise the country”.

“Aside from politically motivated legal action, senior members of Dr Waheed’s regime, including Home Minister Mohamed Jameel, have publicly stated that the regime will arrest President Nasheed and ensure he spends the rest of his life in jail. These statements have been made despite the fact that a trial has not taken place, and while the Minister himself has stated that the ‘judiciary seems to be operating wantonly… and needs to increase public confidence,’” the statement read.

The government of President Mohamed Waheed Hassan has promised that action would be taken against the “terrorist acts” of the protesters and will be brought to justice.

No action has been taken against the police accused of brutality in the February 8 crackdown, however one officer indicted by the Police Integrity Commission (PIC) has since received two promotions.

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State Foreign Minister Dunya attacks Amnesty report as “heavily biased”

Former President Maumoon Abdul Gayoom’s daughter and current Minister of State for Foreign Affairs, Dunya Maumoon, in a press conference today dismissed the international human rights NGO Amnesty International’s report on the Maldives.

The report titled “The other side of paradise – a human rights crisis in the Maldives” chronicled the human rights abuses in the country that took place following the controversial transfer of power.

The report detailed a number of incidents of police brutality on February 8, including attacks on Maldivian Democratic Party (MDP) MPs Eva Abdulla and Mariya Didi.

“The overall objective of these violent attacks has been to silence peaceful government critics and stifle public debate about the current political situation,” said the report.

“Based on Amnesty International’s interviews with survivors of these violent attacks, it appears that many were targeted by security forces because they were MDP ministers, parliamentarians or supporters,” it read.

The report recommended that the Maldivian government “ensure prompt, independent, impartial and effective investigations into allegations of violence by officials.”

“Those suspected of offences involving such violations, irrespective of rank or status, must be prosecuted in proceedings which meet international standards of fairness,” the report read.

Speaking to members of the press – who did not include opposition-aligned Raajje TV – Dunya  stated that the majority of the allegations stated in the “heavily biased” report were not true

“I am not saying that nothing happened. There were incidents that took place. But the report did not highlight on the arson attacks that took place in Addu City on February 8,” she said.

She further went on to stress that Amnesty must verify information that they receive before deciding its factual accuracy.

“Instead of just listening to just one party, Amnesty must thoroughly observe the happenings that take place in the Maldives,” she stressed.

Furthermore, the state minister stated that it was not the government’s wish to comment on “reports like that”, but “said it does not mean that government is dismissing all the reports that came out, concerning human rights abuses in the country”.

However, Amnesty’s researcher in the Maldives, Abbas Faiz, had a dissenting view.

“Without an end to – and accountability for – these human rights violations, any attempt at political reconciliation in the Maldives will be meaningless,” he said

Meanwhile, Minister of Home Affairs, Mohamed Jameel Ahmed earlier made similar remarks on the report as Dunya, criticising Amnesty International for failing to seek the comments from the government.

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

“An international group of the caliber of Amnesty should have heard the other side as well. But they had failed to obtain our comments,” Jameel said.

The Amnesty report recounts sustained and pre-meditated beatings of protesters with a variety of weapons during the violent crackdown.

Some of those interviewed reported people being attacked in their hospital beds, whilst others recalled torture and further degradation whilst in detention.

Whilst Amnesty stated that several of its human rights recommendations were reflected in the Commission of National Inquiry’s (CNI) report, which was released on August 30, but Jameel argued that the CNI had highlighted misdemeanors of protesters which did not make it into the Amnesty report.

“CNI (Commission of National Inquiry) report had clearly highlighted the actions of demonstrators during protests in the Maldives. The foreign observers labelled the actions of demonstrators as cowboy tactics,” Jameel told Haveeru.

In their closing observations, Professor John Packer and Sir Bruce Robertson, advisers to CNI appeared critical of the anti-government protesters.

“Some would want to call an example of the rights of freedom of expression and assembly. In reality it is rather more bully boy tactics involving actual and threatened intimidation by a violent mob,” reported Packer and Robertson.

“The demonstrators undermine the peace and stability, carry out attacks while being inebriated, carry out attacks with sharp objects and damage private property. Even internationally such actions are regarded as violence. However, the Amnesty report has ignored all such things. It is extremely one sided and unjust,” said Jameel.

However, in relation to Jameel’s remarks, Amnesty International’s spokesperson rebutted the claims contesting its impartiality.

“Amnesty International is an independent and impartial human rights organisation without any political affiliation. We are not alone in highlighting the human rights violations since the transfer of power this year,” he said.

He also dismissed Home Minister’s remarks that the NGO had failed in getting the remarks of the government.

“In compiling our report we talked at length with government and police officials in Malé and Addu during our visit to the country in late February and early March. On the occasions they responded we have included their comments in our documents,” he said.

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MDP MP Ilyas Labeeb summoned to police over charges of disrupting public peace

Opposition Maldivian Democratic Party (MDP) MP Ilyas Labeeb has been summoned by police regarding allegations of “disrupting public order” on August 31.

Labeeb told local media today that police claimed he had unlawfully passed police barricades set up in Orchid Magu during protests.

“In the chit police sent to me it did not state the reason for my summoning. So at the police station, I did not answer to any questions and exercised my right to remain silent,” he said.

He also dismissed the allegations of police stating that he had never done anything in contrast to “the constitution or any law”.

The MDP MP, representing one of six seats from Addu City, also alleged that police had summoned him after finishing the investigation of the case.

“They said that they would send the case to Prosecutor General within a week. It gives the idea that they’ve already finished the case,” he said.

Police Media Official Sub inspector Hassan Haneef confirmed Labeeb was summoned for unlawfully passing the police barricade and disrupting public order.

On the same day, former State Minister of Foreign Affairs Aslam Shakir was also arrested on the same grounds and his case has now been forwarded to the Prosecutor General (PG).

Labeeb is the latest addition to the series of MDP MPs being summoned to police following the controversial transfer of power on February 7 in which the MDP led government was ousted.  Almost all now face criminal charges, which may potentially result in them losing their seats.

Arresting of opposition MPs

On June 21, police concluded a case involving MDP Spokesperson MP Imthiyaz ‘Inthi’ Fahmy and sent it to the PG requesting Inthi be charged with disobeying orders, obstructing police duty and physically assaulting a female police officer during an MDP demonstration on May 29, that followed the dismantling of the former ruling party’s protest camp at Usfasgandu.

However in a statement condemning “excessive use of force” against demonstrators, Amnesty International reported that according to MP Imthiyaz, “police in Dhoonidhoo told him he was arrested for ‘disrupting peace’. The next day, in court, police stated that he had been detained for ‘physically attacking a woman police officer.”

Former MDP Chairperson MP Mariya Ahmed Didi was summoned to police police for questioning today regarding confrontations that took place after police entered the MDP protest camp at Usfasgandu on May 29. Didi was also questioned for her alleged involvement in a “plot to attack police officers”, said police at the time.

Police also sent cases involving MDP MPs Hamid Abdul Ghafoor and Ibrahim ‘Bondey’ Rasheed to the PG, requesting the public prosecutor to press charges against MP Hamid for obstructing police duty and requested MP Rasheed be charged for obstructing police duty, assaulting police officers, threatening and creating unrest.

On August 4, Ibrahim Rasheed was arrested and the Criminal Court placed him under house arrest for five days on charges of threatening and attacking a police officer and obstructing police duty.

According to a statement issued at the time by the MDP, Rasheed was taken into custody from a popular cafe in the capital Male’ by “20 militarised police.”

“MP Ibrahim Rasheed was arrested under a warrant obtained by the police relating to an incident two days back on 30 July when it was reported that the MP was “bitten” by a policeman while in the process of being arrested for participating in a protest rally,” the statement read.

Photos surfaced on social media showing bruises on the MPs’ back and the prescription letter from private hospital ADK where he was treated.

On July 22, MP Hamid Abdul Ghafoor was arrested after he broke through the police barricades near the Maldives Monetary Authority (MMA).

“We warned him and let him go as he first broke through the police barricades. We arrested him for obstruction of police duties after he broke through again,” police said in a statement.

In a statement following Hamid’s arrest, the MDP said Hamid and other protesters were arrested in violation of the laws stipulated under the constitution and international covenants Maldives is party to.

On August 18, PG pressed terrorism charges against over 40 individuals accused of setting the Seenu Gan police station on fire on February 8, including MDP MP Mohamed Rasheed and Addu City Councillor Ahmed Mirzadh.

Terrorism charges carry a jail term of 10 to 15 years.

Also, Police this Wednesday concluded an investigation in to a case submitted to them by the Judicial Administration and Prosecutor General, regarding Maldivian Democratic Party (MDP) Chairperson MP ‘Reeko’ Moosa Manik’s pronouncement last year that he was opening his own court.

Minivan News tried contacting MP Labeeb and MDP Spokesperson MP Imthiyaz Fahmy, but they had not responded at time of press.

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MPL accused of creating fake ports worker union to dismiss employment rights violations

The Maldives Port Workers Union (MPWU) have accused Maldives Ports Limited (MPL) of forming a “paper union” to shove aside the alleged violation of employee rights by the state corporation.

Sacked MPL employee and President of MPWU, Ibrahim Khaleel, told Minivan News that his former employer was trying to “fabricate the truth” about the violations of rights of their employees.

The ‘Maldives National Port Workers Union’ was formed just five days after MPL received a letter from the Asia Pacific Regional Office of International Transport workers Federation (ITF), which had raised concerns over the alleged employment rights violations.

“[ITF] sent a letter raising concerns of the employment violations in MPL to its management. So what they did was instead of addressing the issues and concern, they formed a paper union, legally recognised it and made the Maldives Port Workers Union illegal,” Khaleel explained.

He further claimed that MPL had labeled the union – which is registered with the ITF and International Labour Organisation (ILO) – as a “political gang” working against the current government of President Mohamed Waheed Hassan.

“They are attempting to destroy the union by sacking its leaders, including myself, and suspending or taking action against those who raise their voice. This is unconstitutional,” Khaleel challenged. “The constitution ensures us the right to freedom of assembly, right to strike, and freedom of expression. They terminate our employment contract because we practised our constitutional rights.”

MPL Media Coordinator Ibrahim Rilwan did not respond at time of press.

Exchange of letters

In a document received by Minvan News, MPL Chairman Abdul Matheen Ahmed allegedly responded to ITF’s Asia Pacific Regional Office, stating that MPL was “extremely surprised” by the statements in ITF’s letter.

The letter addressed to ITF official Mahendra Sharma further stated that the MPL as “a corporate entity” exercises its “right to take disciplinary action against staff when they are in breach of their employment contract”, and said it had been the practice since the formation of the company.

MPL, in the letter, further claimed that it did not “deviate from any Maldivian government regulation” during the course of its action and “will not do so in the future”.

“Hence we are quite surprised on this issue you are talking about. Please make this clearer to us. As to the events you have stated in the letter, we are sure it has not taken place in our company and nor is our human resource department aware of any such issues,” read the letter.

The letter also goes on to describe the MPWU as an “unfounded, illegal association”, attempting to defame the MPL.

“Moreover let us bring to your notice, given the present political situation in Maldives’, many such unfounded, unauthorised illegal so-called associations and unions could be sending you such letters, to try and defame the government internationally.”

“It would be our humble request for your organisation not to get entangled in such unfounded allegations brought forward by politically’ motivated groups and gangs,” Abdul Matheen Ahmed wrote.

MPL requested the ITF communicate instead with the “Maldives National Port Workers Union (MNPWU)” -the ‘paper union’ Khaleel has alleged was created by the ports authority itself.

The MNPWU meanwhile dismissed all claims of the MPWU and said that no employment rights violations were taking place.

ITF General Secretary responds

Meanwhile, another letter received by Minivan News, which was sent by the General Secretary of ITF David Cockroft to President Waheed, described MPL’s actions as “an anti-union campaign” and raised concerns over “the systematic targeting” of the leaders of MPWU and its members by MPL.

The letter strongly rebutted the assertions made by the MPL Chairman that the ITF had not fully examined the facts surrounding the situation, and said it takes “serious cognisance” in situations where workers were “denied trade union rights, threatened and victimised” for conducting legitimate trade union activities.

“May I also draw your attention to the fact that the ILO warranted the MPWU complaint legitimate enough to write to the Maldives government concerning the issues which have been raised with it,” read the letter.

The letter also contested the MPL’s claim over the legitimacy of MPWU, where it stated: “The Maldives Port Workers Union is an officially registered trade union, having received its registration certificate from the Ministry of Home Affairs on 29th May 2011. It was also a member of the Maldives delegation to the ILO’s International Labour Conference held in June 2011,”

“On 29th August, the ITF Regional Secretary for Asia Pacific received a written response from Abdul Matheen Ahmed, the Chairman of Maldives Port Limited which incorrectly referred to a different union and which denies that the termination of employment of the MPWU’s President, an MPWU Executive Member and 6 MPWU members, the suspension of a further 49 MPWU members, and the reassignment of many other MPWU members to other ports has taken place,” read the letter.

The letter also raised doubts over the alleged ‘paper union’, the MNPWU, stating that it “appears to have been registered at the Ministry of Home Affairs five days after our Regional Secretary sent his correspondence to the Chairman raising the serious trade union rights violations within Maldives Port Limited”.

Cockroft, in the letter, further urged President Waheed to ensure that the Maldivian constitution and employment laws were fully respected and upheld by the MPL.

“I request that you use your office as President of the Republic of Maldives to instruct the Chairman and management of Maldives Port Limited to respect the country’s constitution and employment laws and immediately halt their anti-union campaign against members of the MPWU, and to enter into a real dialogue and conciliation process with MPWU which will result in a negotiated settlement which addresses the legitimate grievances of members of the MPWU.”

‘Maldives National Port Workers Union’

Speaking to Minivan News, a founding member of the new Maldives National Port Workers Union, Ibrahim Rasheed, said the union was registered last month and it was “very difficult” for him to comment on it because they were still working on the inaugural meeting and the elections of the union.

“Yes, we registered the union last month. But we still have to hold the inaugural meeting and the elections so it is very difficult to comment on the union or what we plan to do,” he said.

Asked why another union was formed when MPWU already existed, or if the union was formed because MPWU had failed to do its job, Rasheed simply said that it was not because MPWU was not upholding the rights of the employees but because “anybody can form a union.”

“It is not like that. You see, even in some islands there are more than one association, so like that what is wrong with having two or even five unions? That is why we thought of making another union,” he said.

Rasheed assured Minivan News that the MNPWU would provide more details about itself, and assured the publication it would be invited to cover the inaugural meeting.

However, Rasheed later called Minivan News back, referring it to another individual, stating that this person “would give more information” about the union.

“You should also call the number I gave. He is more active. You know, even if a couple forms a company, it would usually be the husband who would get more involved, so like that he is more involved in it than I am,” Rasheed said.

The phone number Rasheed provided was switched off when Minivan News called it.

Political motive

In April 2012 seven staffs at MPL were suspended from their jobs at the state company for participating in protests held by ousted Maldivian Democratic Party (MDP)’s anti government protests.

MPL Media Coordinator Ibrahim Rilwan at the time confirmed the suspensions, but said he did not know the specifics regarding the case. The code of conduct does not prohibit participation in political activities, but staff can be disciplined if they transgress good behavioral norms, he added.

However some staff at MPL alleged that the senior officials of the state corporation had warned employees to not to participate in protests, and that action would be taken by those who do.

An employee who wished to remain anonymous said, at the time, that he too had been warned by his directors not to attend MDP protests. Furthermore, he added that he had not yet seen the company’s code of conduct.

“They do not share the code of conduct when they recruit you. I have not seen this, I don’t think anyone has. I don’t even know what it says,” he said.

“A lot of MPL staff are MDP supporters. So the senior staff send people to MDP protests to monitor and take pictures of who attends. The whole point of this is intimidation,” he alleged.

Last July, MPWU accused the MPL of violating employee rights, alleging the state-owned company had unfairly dismissed four employees due to their political activism.

In a letter sent on July 12 to MPL CEO Mahdi Imad, MPWU President Khaleel said: “Although the constitution guarantees freedom of expression and freedom of assembly, it is now common within MPL to stop employees from expressing certain political views, and violate the employment act by unfairly dismissing employees and transferring employees to different departments without prior warning or explanation of any offense committed.”

Following the concerns of MPWU, The World Federation of Trade Unions (WFTU) expressed concern over the allegation claiming “infringement of trade union rights and freedoms,” and called upon President Waheed to immediately terminate its “attack” on members and the leadership of the MPWU.

Meanwhile, last month a leaked audio of former Deputy CEO of MPL Ahmed Faiz discussing the hiring of individuals to loudly promote President Waheed in local cafes.

In the 15 minute audio, Faiz spoke in detail about his intention to hire his audience as government supporters, President Waheed’s reluctance to maintain ties with the Progressive Party of Maldives (PPM), an intention to “wipe [former President] Maumoon out of the political picture”, other problems arising in the current ‘unity’ government, his own influence within the State Trading Organisation (STO), and large amounts of money being illicitly obtained.

“What I’m saying is, this government is now appointing people to different posts and it’s getting structured in the manner we want. Now there are a lot of things that I can do. Material benefits can be gained, and lots of other things. Credit from STO (State Trading Organisation) worth millions of rufiya, that’s absolutely welcome,” he says in the alleged audio clip.

Faiz also stated his intention to gain wealth and money in the audio clip, saying no means would be spared.

“I will only be able to acquire money when the condition to getting more money is put in place. We’ll be able to get more money now than we have ever managed to get from this country all our lives. This is what I want. I want money too,”

Faiz is a member of President Dr Mohamed Waheed Hassan’s Gaumee Itthihaad Party (GIP), and was previously appointed by him as the Managing Director of the Maldives National Broadcasting Corporation (MNBC).

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US provides US$20,000 to restore vandalised artifacts in national museum

The United States has provided a financial assistance of US$ 20,000 (MVR 308,400) to the National Museum to help restore and repair artifacts placed in the museum.

The assistance was provided from the Ambassador’s fund and was handed over to the government of the Maldives by the newly appointed Ambassador to Maldives and Sri Lanka Michele Sison.

Speaking during the ceremony, Sison stated that the financial assistance represented the importance that the United States gave to the museum.

The national museum was not only important to tourists, students and visitors who frequently visit the museum.

“This museum is also very important to researchers and scholars therefore it is very important the relics be preserved,” she added.

Deputy Director General of the Heritage Department Ali Waheed told local media that when the museum first opened in July last year, it was not in the best conditions and therefore some amount of the funding would be spent on upgrading the facilities.

He also said the museum is talking with the US to send some of its staff abroad for training. The restoration of the damaged artifacts was also a priority.

Waheed said that on February 7 a group attacked and vandalised the artifacts in the pre-Islamic section, and the hall which was used to display the artifacts had to be closed for repairs.

Speaking to Minivan News, Assistant Curator of the Museum Ahmed Ashraf told Minivan News that they had not yet confirmed “how the funds will be spent, but most likely it will be used to repair some damaged artifacts, bring in technical expertise as well as train the staff working here in the museum.”

“We sent the proposal to get funds before February 7. However following the damage incurred to the artifacts during the mob attack on February 7, they took a report from us about the damages. The funding includes the repairing of the damaged artifacts on February 7 and other artifacts as well,” Ashraf said.

He added that there was a “lot of damage done to the artifacts” on February 7 and “unfortunately some of the artifacts were totally destroyed and cannot be recovered.”

”Most of the artifacts were made from limestone and it is not as easy as fixing something made of wood. So a lot of work needs to be done,” he said.

The Buddhist statues were destroyed by mob in an act of vandalism a museum official described at the time as causing “unimaginable damage” to Maldivian heritage.

A group of five to six men stormed into the building twice, “deliberately targeted the Buddhist relics and ruins of monasteries exhibited in the pre- Islamic collection, destroying most items beyond repair.”

“This is not like a glass we use at home that can be replaced by buying a new one from a shop. These are originals from our ancestors’ time. These cannot be replaced ever again,” the official exclaimed.

According to a source, a coral stone Buddha head, an 11th century piece recovered from Thoddoo in Alifu Atoll, was smashed up by the attackers. It was one of the most significant pieces at the museum.

In May the Maldives Police Service (MPS) forwarded a case to the Prosecutor General against four persons suspected of destroying the historical artifacts.

Police Sub-Inspector Hassan Haneef told Minivan News at the time that no information could be revealed regarding the identity of the four suspects. A number were detained at the scene following the incident, however no formal arrests were made.

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Commonwealth Special Envoy Sir Don McKinnon arrives in Male’ for post-CNI discussions

Commonwealth Secretary General’s Special Envoy to the Maldives, Sir Don McKinnon, has arrived to Male’ yesterday to discuss the report released by the Commission of National Inquiry (CNI) following its investigation into the controversial transfer of power on February 7.

Presidents Office Spokesperson Abbas Adil Riza told local media outlet Sun Online that McKinnon was to visit Maldives before the release of the CNI report, but had to delay his visit because President Mohamed Waheed Hassan was not in town, and because of the holidays that followed.

Riza further stated that the government believed that this would be the farewell visit of McKinnon in his capacity as the Special Envoy.

He also added that the government would acknowledge the efforts made by the Commonwealth in helping resolve the political crisis that followed after the transfer of power, but added that the government “sees no role for the Commonwealth any more in the domestic issues of the country”.

Riza did not respond to calls at time of press.

Minivan News understands that Sir Don McKinnon is set to meet both President Waheed and his predecessor, former President Mohamed Nasheed.

McKinnon’s visit comes at a time where the current government of Maldives and the Commonwealth are at loggerheads over the issue of Maldives still being in the formal agenda of Commonwealth Ministerial Action Group (CMAG).

President Waheed has already sent letters to member states of CMAG demanding the immediate removal of Maldives from the CMAG’s agenda, claiming that the report by the CNI clears all doubts on legitimacy of the current government.

State Minister of Foreign Affairs and daughter of former President of 30 years Maumoon Abdul Gayoom, Dunya Maumoon, has already hinted about an impending withdrawal of Commonwealth membership if the Maldives is not removed from the formal agenda of the Commonwealth’s human rights and democracy arm.

Speaking at a press conference held in the Foreign Ministry on Wednesday, Dunya said, “We call on all the member countries of the CMAG to remove us from the agenda at the earliest possible opportunity. We do not altogether deserve to have been put on this agenda.”

Dunya stated that following the release of the report by the Commission of National Inquiry (CNI), many foreign countries had complimented the commission’s work. While she expressed concerns that “reactions from two countries are somewhat worrying”, she declined to name either country.

CNI Report

On August 30, CNI released its report into the circumstances surrounding the controversial resignation of former President Mohamed Nasheed and the transfer of power on February 7, stating that the transfer of power was legitimate and that it was neither a coup d’état nor a resignation under duress.

The CNI was initially a three member panel (Dr Ibrahim Yasir, Dr Ali Fawaz Shareef and Chairman Ismail Shafeeu), formed by President Waheed Hassan to examine the circumstances surrounding his own succession to presidency.

The Maldivian Democratic Party (MDP) of ex President Nasheed and the Commonwealth subsequently challenged the impartiality of the CNI, and it was reformed to include retired Singaporean judge G. P. Selvam and a representative of Nasheed’s, Ahmed ‘Gahaa’ Saeed.

Retired Court of Appeal judge from New Zealand, Sir Bruce Robertson, and Canadian UN Legal Advisor Professor John Packer, were appointed as international advisers representing the Commonwealth and UN respectively.

Nasheed’s representative Saeed resigned from the CNI on the evening of August 29, denouncing its credibility and alleging that the final report excluded testimony from key witnesses as well as crucial photo, audio and video evidence.

According to the published report, the change of government was “legal and constitutional”, and the events of February 6-7 “were, in large measure, reactions to the actions of President Nasheed.”

“The resignation of President Nasheed was voluntary and of his own free will. It was not caused by any illegal coercion or intimidation,” the report claimed.

In addition, “There were acts of police brutality on 6, 7 and 8 February 2012 that must be investigated and pursued further by the relevant authorities.”

The report dismissed the MDP’s allegations that the government’s ousting was a ‘coup d’état’, stating that the Constitution “was precisely followed as prescribed.”

“There appears nothing contestable in constitutional terms under the generic notion of a ‘coup d’état’ that is alleged to have occurred – quite to the contrary, in fact,” the report claimed.

“In terms of the democratic intent and legitimacy of the authority of the Presidency, as foreseen in the Constitution, President Waheed properly succeeded President Nasheed.”

“As President Nasheed clearly resigned and now challenges the voluntariness and legitimacy of his action, the onus is on him to establish illegal coercion or unlawful intimidation.”

Counter report by Sri Lankan legal experts

A legal analysis of the CNI report by a team of high-profile Sri Lankan legal professionals – including the country’s former Attorney General – prepared upon the request of the MDP stated that it was “selective”, “flawed” and had exceeded its mandate.

The legal analysis’ authors include two Sri Lankan Supreme Court attorneys – Anita Perera and Senany Dayaratne – and the former Sri Lankan Attorney General Shibly Aziz.

The analysis focused on five main areas: the CNI’s compliance with its mandate, the procedure pursued in exercising this mandate, the evidence gathering process, the adherence to the “imperative dictates” of natural justice, and the legal issues which ensue from this.

“The Report offends the fundamental tenets of natural justice, transparency and good governance, including the right to see adverse material, which undermines the salutary tenets of the Rule of Law.” Read the report

The report further suggested that there was “in fact adequate evidence to suggest that duress (or even ‘coercion’ and/ or illegal coercion as used by CNI) is attributable to the resignation of President Nasheed.”

“Even by the yardstick of ‘coercion’ or illegal coercion which the CNI has incorporated for reasons one cannot fathom- given the clear mandate- , ex facie the events accepted by the Commission and without anything more, does strongly and convincingly establish the ‘coercion’ or ‘illegal coercion’, the yardstick chosen by the Commission,” it read.

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