Author: Ahmed Rilwan

Airport staff strike over bad food and bad bonuses

Maldives Airports Company Limited (MACL) employees working at Ibrahim Nasir International Airport (INIA) went on strike today over the low quality of food served at the staff cafeteria as well as cuts to the annual company bonus.

The protest began early this morning and continued until around noon. At around 10:30am, the managing director of the company arranged a meeting with a five member group representing staff, as well as with the CEO Ibrahim ‘Bandhu’ Saleem.

While the protesters estimated that approximately 250 – 300 employs were ready to go on full strike, the situation was resolved following the meeting after employees were assured that solutions would soon be found for all their concerns.

Speaking to Minivan News, one of the five staff negotiators said that the main two demands of the protesters were the improvement of the conditions of the staff restaurant ‘Beach Rest Cafe’, and the resumption of the annual company bonus for employees – which has been “discontinued for the past two years”.

When disbursed by India’s GMR – the previous company that managed the airport – some would receive a bonus of MVR1500 while others would receive as much as MVR30,000, said the staff negotiator.

“It started with the Beach Rest issue. Even today they served rotten curry. This has been going on for a while now. We cant eat the food they prepare,” he explained.

MACL Corporate Communications Manager Hassan Areef said that the situation was resolved shortly after negotiating with protesters.

“Beach Rest is not run by the company, but we will talk to them and address the issue immediately,” he said.

When asked about the company bonus, he said that information would be revealed on that as progress is made, but assured that the company would this issue also.

“When the situation was resolved the staff were happy, they went back to work immediately,” Areef said.

Ibrahim Rasheed, a protester who took part in the dialogue, said that staff were promised the cafeteria issue would be addressed immediately and that another cafeteria would be established within two or three months.

Another protester said that the CEO had assured them the annual bonus would also be arranged shortly.

“He said it will be arranged very soon – as soon as the ongoing audit is completed. We were told that the bonus will be even better than before,” he said.

According to MACL staff concerned about the bonus, the issue has been taken to senior management several times within the past two years without any response.

In 2010, the GMR Male International Airport Pvt Ltd (GMIAL) – a consortium of the Indian GMR Group (77%) and the Malaysia Airports Holding Berhad (23%) — was awarded a concession contract to manage the airport for a period of 25 years.

However, President Dr Mohamed Waheed’s government prematurely terminated the agreement and the airport was handed over to the 100% government owned MACL in December 2012.

GMR later filed a compensation claim of US$1.4 billion for “wrongful termination”.

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EC dismissals: Majlis says commissioners’ removal was unconstitutional

The People’s Majlis has written to the chief justice and the attorney general, stating that the president and vice president of the Election Commission (EC) were removed contrary to the constitutional procedures governing their appointment and dismissal.

The letter – signed by Speaker Abdulla Shahid and Deputy Speaker Ahmed Nazim – also noted that the move contravened the Elections Commission Act.

According to Majlis, the content of the letter was based on legal advice of parliament’s counsel general after her analysis of the Supreme Court’s verdict.

The Supreme Court yesterday sentenced EC President Fuwad Thowfeek to six months imprisonment under Article 88(a) of the penal code, and ordered the enforcement of the sentence be delayed for a period of three years.

The verdict also declared that Fuwad and Vice President Ahmed Fayaz had “lost the right and legal status to remain members of the commission and that the pair’s seats on the commission have become vacant”.

The letter stated that it was the People’s Majlis which is tasked with the appointment and removal of EC members, and that for any given reason a member of that commission can only be removed by a simple majority of votes in a parliament sitting as “clearly stated” in Article 177 of the constitution and Article 14 of the Elections Commission Act.

“Referring to the said article of the constitution and the elections commission act, it is clear that the authority to appoint and remove member from that commission is especially reserved for the People’s Majlis without the involvement of any other party.”

The letter also said that the removal of the pair by the Supreme Court contravenes the procedures specified in Article 177 of the constitution and Articles 5, 10, and 14 of the EC Act.

The letter referred to a number of statements from the Supreme Court’s verdict nullifying parliament’s removal of Mohamed Fahmy Hassan from the Civil Service Commission (CSC) in March last year.

The Majlis today noted that the constitutional procedures for removing EC members and CSC members were the same, saying that the court’s previous ruling had said the following:

“It is clear from the letter of the constitution that the constitution does not allow any of the three powers of the state to carry out the constitutional jurisdiction or functions of another, and that it is clearly stated that the system of separation of powers, and check and balance established between three powers by constitution is an principal feature of the constitutional system and the constitution of the Maldives.”

Referring to the same verdict, the letter said that the court had stated that “all powers of the state should fulfil their jurisdictions and functions within the constitutional limits set for that power by the constitution”.

The same ruling also stated that constitutional procedures regarding independent institutions are there to ensure their independence. In this regard, the verdict noted that tasking the executive with appointment, the parliament with removal and accountability, and the chief justice with oath taking are also check and balance procedures established under the constitutional principle of separation of powers.

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Supreme Court imposes travel ban on Elections Commission members

The Supreme Court has today ordered Elections Commission (EC) members not to leave Male’ until a verdict is reached in the ongoing contempt of court case.

EC Director General Mohamed Shakeel has said the order was addressed to all four members separately.

EC President Fuwad Thowfeek has revealed that he yesterday asked the court for a two day medical trip to Sri Lanka.

“I requested to leave from Thursday to Tuesday, but I have now postponed the trip till the case is over,” said Fuwad.

The order came just hours after the court concluded a hearing in the ongoing contempt of court case against the commission today.

Today’s hearing had focused mainly on Thowfeek’s comments about the court’s guidelines, made in the Majlis government oversight committee on Monday.

The judges questioned Thowfeek over his statements, asking if he would follow the guidelines in the coming elections.

Similar comments made by EC members in the same committee were also used by the court in the previous hearing of the trial.

While Article 90 of the constitution provides parliamentary immunity for anything said in the People’s Majlis or it’s committees with the exception of statements “contrary to a tenet of Islam”, Justice Abdulla Didi today repeated his argument that contempt of court is against a tenet of Islam.

Chief Justice Faiz said that, even within the parliament, an ongoing case should not be discussed and when asked about such a case one could object to answering.

Judge and plaintiff in the same case

When Justice Dr Ahmed Abdulla asked if Thowfeek had made any comments stating that the court had acted against the constitution, he responded by saying that the judge, plaintiff, and defendant should be three separate people.

He said going against it would be against the spirit of the Constitution and Islamic Shariah.

Justice Abdulla Didi responded by saying that initiating a case on a court’s own accord is practiced in civilised societies and said that the constitution allows referring to practices used in democratic and civilised societies.

When Thowfeek reiterated that the court could not be a plaintiff in their own case, he was interrupted and asked not to create ‘fitna’ (mischief) without proper legal knowledge and warned that such comments could be considered as contempt of court.

The EC Chief later said the court’s Suo Motu regulation is against the spirit of the constitution and that it has created legal some conflicts.

Justice Abdulla Saeed explained that in Islamic Shariah and historical practice in Maldives it was the court or the judge that summoned people, and that prosecution by the state was recent innovation.

When Thowfeek asked if the case against EC was a criminal or a civil case, Justice Abdulla Didi said it was a Suo Motu case.

Following SC guidelines

The second major issue raised at the hearing was the obligation to follow all requirements SC guideline that came with the verdict which annulled the September 7 presidential poll.

Fuwad told the court that it was impossible to gain the signatures of all election candidates as required by the guidelines.

Justice Abdullah Saeed said that “the court verdict is the law and what is meant in the constitution” and warned that EC’s refusal to follow verdicts could prompt members of the public to do the same, leading to lawlessness in the country.

Though he insisted that the EC was willing to follow the verdict, Fuwad said that candidates could not be forced to sign the voters list.

Justice Adam Mohamed Abdulla explained the independence and powers of the judiciary, referring to Article 141 (d) and (c) of the constitution and other regulations.

He questioned the rest of the EC members separately about their views on Thowfeek’s comments on the case and the the Supreme Court guidelines.

All members agreed that the guidelines should be followed, but expressed there were difficulties in following these guidelines. Like Thowfeek, the statements of other EC members who tried to detail the difficulties were interrupted by the judges.

Justice Abdulla Didi said that the guidelines were not impossible, and criticised the commission’s spending on ballot boxes in foreign countries such as the UK.

The EC was accused of spending a lot of money on that included “staying in five star hotels”.

Stating that it was against international best practices, he said that if the EC wanted they could send the list to the candidates who refuse to come to Male’ and sign the lists.

EC members were first summoned to the court on February 12 when the court launched the trial on charges of contempt of court under newly introduced ‘Suo Motu’ regulations which allows it to initiate hearings on it’s own accord.

The next hearing of the trial have been scheduled for Sunday at 1400 hours.

The court proceedings have been criticised by the civil society and the European Union.

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MDP majority will reform Supreme Court and JSC, says Nasheed

President Mohamed Nasheed has said that Maldivian Democratic Party (MDP) will change the number of judges in the Supreme Court and strive to bring their thinking closer to that of the people, and closer to justice.

“We can never accept the level of political influence and the ugly money of corruption that has entered most courts of Maldives. We have to reform these courts. Development for the Maldives can only be achieved if the people Maldives are able to get justice and equality.”

Speaking at a parliamentary campaign rally in Thinadhoo, Gaafu Dhaalu atoll, Nasheed said that the judicial watchdog will also be reformed by amending the Judicial Services Commission Act.

He said that the MDP’s priority was judicial reform, and that nothing else could be carried out in the Maldives without such reform.

Nasheed said that society does not accept the offering and taking of bribes by judges or their meddling in political affairs.

“We cannot accept the judiciary’s meddling with the Elections Commission under the parliament’s guardianship. With a Maldivian Democratic Party majority in the 18th People’s Majlis, we will – God willing – reform the judiciary,” he said.

Decentralisation

Nasheed said the MDP was competing in the parliamentary elections with a promise of obtaining the ownership of local resources for locals.

“We have to empower the councils. As long that power is retrained, we won’t be able to achieve the development we want,” Nasheed said.

Stating the central government in Malé could  not achieve development without decentralisation and the empowerment of local councils, Nasheed said that islands are capable of carrying out their development activities by themselves.

“The wealth of our country is widespread and enormous. Our people have even today started accepting that this is not the rightful amount for the people. Our objective is to get for the people their rightful due,” said the former president.

Referring to the ‘southern rebellion’ of 1959, Nasheed said that it was the same rightful due that the people of Thinadhoo and Huvadhoo hoped and protested for in the past.

“Back then most of us saw the people’s protests as acts against the state. By any modern standard they were protests. Excessive force was used to disperse those protests and many people died.”

“We don’t want to see that, but people will stand up if they these powers are not given to them, and they will work to get their powers,” Nasheed said.

A key objective of the MDP in the parliament was to hold the government accountable as an opposition party, he added, reiterating that the MDP would encourage the fulfillment of government pledges in line with the party policies.

During campaigning for his Progressive Party of Maldives last week, President Abdulla Yameen told party supporters that an MDP majority would seek to oust his government from office.

Indeed, following the local council elections in January, Nasheed pledged that his party would take advantage of any legal means to remove Yameen after what it maintains was a fraudulent presidential election last year.

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Foreign Minister calls on international community not to undermine Maldives’ judiciary

Minister of Foreign Affairs Dunya Maumoon has called on the international community to refrain from undermining the Maldives’ judicial system.

“We request our international partners to support us. We request you to contribute constructively in overcoming our challenges. We urge you not to undermine our judicial system,” said Dunya during the 25th session of the UN Human Rights Council yesterday.

“We call on all to respect our institutions, young though they may be. And we urge you to base your partnership with us on dialogue and cooperation, not on judgment and retribution,” she added.

She pledged the government’s commitment to “uphold universal human rights norms and values” without compromising the country’s “religious and cultural identity and heritage in the process of change”.

The Maldives Judiciary have been the subject of criticism from a number of UN and other international bodies in recent months.

The UN Human Rights Committee on civil and political rights has said it is “deeply concerned about the state of the judiciary in the Maldives”, while the United Nations High Commissioner for Human Rights Navi Pillay last year accused the Supreme Court of “subverting the democratic process”.

UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul expressed concern over the judiciary in a 2013 report, with the International Commission of Jurists (ICJ) had in 2011 stated that the Maldivian courts were failing to serve the public impartially.

As recently as last week the US state department described the Maldives’ judiciary as “not independent and impartial” and “subject to influence and corruption”.

The Supreme Court is currently pursuing contempt of court charges against the Elections Commission over comments made  in a privileged parliamentary committee regarding the annulment of last year’s presidential election first round.

European Union and civil society groups have expressed concern over the courts current proceedings.

Democratic transition and human rights

Dunya said the country’s “long walk towards consolidating human rights” began with her father, President Maumoon Abdul Gayoom’s reform agenda in 2004 and it was this agenda that brought a democratic constitution and “full separation of powers” to the Maldives.

Acknowledging that some “setbacks” were faced in the journey, she said that the Maldives has today reached further maturity in its democratic evolution with the “peaceful conclusion” of a “fully transparent” presidential elections.

Stating that president Abdulla Yameen, her uncle, had brought stability to the Maldives, Dunya highlighted the ratification of anti-human trafficking and anti-torture acts.

“The government of president Yameen has proven to be resilient and committed to ensuring a free and fair environment for the people in exceeding their political rights as citizen”. She said.

Referring to the controversial transfer of power in February 2012, Dunya suggested that the people of Maldives had since shown their commitment towards “actualizing democracy through due process” even when faced with international criticism and political upheaval.

HRC membership

Addressing the council for the first time since Maldives’ re-election for a second term as a member of the council, the minister said that being a member had helped Maldives to take ‘some unprecedented and bold measures’ to bring national human rights mechanisms up to international standards.

Dunya said the Maldives had been vocal against terrorism, religious extremism, and Islamophobia throughout its first term, while also speaking for the people of Palestine, Libya , Syria, and all those affected by climate change – with a special focus on the rights of women, children, and persons with disabilities.

She reiterated the Maldives’ call to cease all acts violence against innocent civilians of all communities in the Central African Republic. She said Maldives will continue to stand by “brothers and sisters” in Palestine and called for it to be recognised as an independent and sovereign state with full membership of the United Nations.

The foreign ministry has stated that Dunya will meet UN Secretary General Ban Ki-Moon, UN High Commissioner for Human Rights Navi Pillay, Secretary General of the Organisation of Islamic Cooperation (OIC) Mr Iyad Ameen Madani, and other bilateral and multilateral partners, during her stay in Geneva.

The Maldives council delegation will discuss issues such as human rights and the environment, and freedom of expression and opinion, and will also discuss freedom of religion or belief with the OIC.

The foreign minister’s statement at the council can be viewed here.

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Saudi Prince pledges mosques and aid for Islamic, health, and education sector

Crown Prince of Saudi Arabia, Salman bin Abdulaziz has pledged to build ten “world-class” mosques in Maldives, Saudi news agency Arab News has reported.

Quoting Maldives’ Islamic minister Sheikh Mohamed Shaheem, the agency stated the prince donated US$1million to the ministry for “various projects” and another US$1.5million for health projects.

Prince Salman pledged to provide aid in the education sector, and Shaheem explained that an invitation was extended to him to visit Saudi Arabia and discuss way to bolster ties in “matters related to religion and education”.

Yesterday Shaheem left for Saudi on an official trip.

Other areas in which Saudi cooperation was sought during the prince’s visit include the ministry’s mosque ‘Waqf‘ fund, Center for Holy Quran, and in Hajj pilgrimage affairs.

The report said that “it was not immediately known” if the the Maldivian proposal seeking US$300 million credit facility was discussed during the meeting. The credit facility – to finance the Maldives budget deficit – was pledged by the prince during former President Dr Mohamed Waheed’s visit to Saudi in July 2013.

At the time DrWaheed told local media that it would be a 5-8 year loan with an interest rate of 1-2 percent.

Saudi Arabia has already agreed to donate seven mosques this year, with MVR28.8 million allocated for six of these mosques in the Islamic Ministry programmes for 2014.

Fifty Scholarships to study in Saudi Arabia were also announced recently, with just fourteen applications being received by the initial deadline. In January, a group of Saudi Islamic Scholars visited the country to conduct religious education ‘dawra’ program for local scholars.

Haveeru reported that female Islamic scholars were excluded from these discussions, while the Saudi scholarships also require female students to be accompanied by a male ‘guardian’ or mahram during their time studying in the country.

Islamic scholars from Saudi also conduct religious education ‘dawra’ programmes annually in the Maldives as a selection process for the Saudi funded Islamic education programs for a selected number of students.

Prince Salman is expected to spend some time in the Maldives on holidays before returning to Saudi Arabia. During his official meeting with President Abdulla Yameen he discussed economic and diplomatic cooperation between the two countries.

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Police to form a ‘K-9 dog squad’ to combat drug trafficking

As part of the government’s anti-drug trafficking efforts, the Ministry of Home Affairs has requested the Maldives Police Service (MPS) form a ‘K9 dog squad’.

Upon the ministry’s request, police will soon begin working on establishing the squad, a police official told today. According to the official, local police officers are to be trained for the squad.

Quoting the ministry, local news outlet CNM has reported that a total of fifteen officers would be trained for the purpose.

Police have earlier worked on bringing sniffer dogs into the country as counter-trafficking measure on several occasions. It was included in the organisation’s strategic action plan 2011 -2013, while in late 2012 Indian assistance was sought in bringing police sniffer dogs.

Dogs were also brought in from Sri Lanka for security operations during the 2011 SAARC Summit held in the Maldives . On that occasion the dogs were handled by Sri Lanka’s police elite special forces unit Special TaskForce (STF).

In October 2002 two sniffer dogs were brought to the Maldives from Sri Lanka, and were used at Ibrahim Nasir International Airport under the supervision of National Security Service – and later the Maldives National Defence Force.

In 2008, the chair of the parliamentary committee on narcotics, Ibrahim Mohamed Solih said that, to that day, no drugs were ever confiscated with the help of the two dogs. He said the committee’s investigations found that the dogs were in fact unable to recognize drugs.

Speaking to Minivan News today, an MNDF spokesperson confirmed that the two dogs did not remain in the country, though he was unaware of what had happened to them.

Under the unlawful imports act of 1975, dogs can only be brought into Maldives with a special permission from the Ministry of Defense and National Security.

Local interpretation of Islam is that dogs are impure animals and should not be touched or taken into one’s home. Scholars have declared that touching a dog even accidentally would require any Muslim to wash that part of the body seven times.

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Elections will go ahead, even without voters list signatures: EC President

The People’s Majlis elections scheduled for 22 March will be held as planned, the Elections Commission (EC) President Fuwad Thowfeek has said.

Speaking about the election on Television Maldives’ ‘Raaje Miadhu’ programme, Thowfeek said that he hoped all candidates would sign the lists, but that even if they did not the elections would be held regardless.

“I don’t believe we should bring any change to the election. So it will be held as planned,” he said.

The voter list signatures mandated by the Supreme Court were not obtained during the recent local council elections held in January.

Approval of voter lists by all candidates was mandated by the Supreme Court guidelines in the verdict annulling the first round of the presidential election held in September 2013.

The EC has described these guidelines as “restrictive”while the court have been criticised by the United Nations for “subverting the democratic process” in the Maldives with “onerous” and “difficult to satisfy” guidelines.

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Pensions office performs U-turn on benefit increase

After initially reporting that the promised pension increase from MVR2300 to MVR5000 could not be done this month, the Maldives Pension Administration Office (MPAO) today confirmed that it is working to transfer the MVR5000 by tomorrow.

The CEO of the office had yesterday told Haveeru that it had not received the additional funds for the increase and that it would therefore transfer the current MVR2300, giving the rest when the government released additional funds.

“They are doing this to fulfill a government pledge. This has nothing to do with the pension fund. We will not increase it to MVR5000 by taking money from that fund. What we will do is transfer it when the government provide us with it,” Manik was quoted as saying.

The state funded pension for all citizen’s above the age of 65 was introduced in 2009 at MVR2,000, and was later increased to MVR2,300 through an amendment to pension legislation.

A further increase to MVR5000 – starting from March 2014 – was an election pledge of President Abdulla Yameen, though changes to the amount disbursed from the existing pension funds will require another amendment to the act.

Cabinet minister Ahmed Adeeb has recently assured that the increase would take place in March as promised, saying that it can be funded through a sustainable model based on long term bonds and T-bills.

Adeeb also talked about the prospect of combining various funds such as housing, health insurance, and pension funds into a single fund.

The government had already allocated MVR470 million (US$ 30.5 million) in the state budget for the MVR2,300 allowance (US$149). These funds will now be invested in the retirement pension fund or in financial instruments such as T-bills in order to generate the monthly MVR5000 stipend, Adeeb has said.

Following Manik’s comments yesterday, Adeeb told Haveeru that the delay was due to the first of the month falling on the weekend and “because it is a new allowance”.

Yesterday, MPAO CEO Manik stated that eighty percent of the pension funds are already being invested in T-bills sold by the government to finance the budget deficit, and that discussions with the government are underway to invest the rest of the funds in bonds.

While the government maintains this to be a sustainable model of financing the increase in pensions, critics have argued that, with a MVR1.3 billion (US$84.3 million) deficit budget, the move will plunge the country further into debt.

“These are loans, and taking loans is acceptable to invest in to increasing productivity. But this is not such an investment, this is something the government is spending. Eventually people will have to bear the burden of this,” former Economic Development Minister Mahmud Razee has remarked.

Last December, the central bank and regulator – the Maldives Monetary Authority – advised the state to pay all due treasury bills and treasury bonds and to turn existing short-term debts into long-term ones.

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