Author: Ismail Humaam Hamid

Supreme Court has removed right of appeal, claim legal experts

Legal experts have accused the Supreme Court of effectively removing the right of appeal after the bench shortened the time in which an appeal case can be filed at a higher court to 10 days.

In a ruling issued yesterday (January 27), the court revoked Article 15 and 42 of the Judicature Act and Article 85 of the Employment Act – which stipulates the current appeal durations – while a Supreme Court circular signed by Chief Justice Abdullah Saeed announced the new time frame.

The move has prompted legal experts to accuse the court of infringing upon the constitutional right to an appeal.

“They have taken out the appeal process,” says former Judicial Services Commission (JSC) member turned whistle-blower Aishath Velezinee. “Ten days for appeal will deprive people of the right to appeal.”

Another legal expert – who wished to remain anonymous – suggested that the new time frame would make it practically impossible for many people to lodge an appeal.

The Supreme Court ruling – signed by all five of the Supreme Court justices – said the current regulations are in violation of Article 42 of the Constitution which states the right to a “fair and public hearing within a reasonable time”.

The Judicature Act currently states that appeals to the higher courts will only be accepted within 90 days, while 180 days is allowed for cases adjudicated in island courts outside of the capital Malé.

Meanwhile, the Supreme Court circular stated that the establishment of two regional High Court branches under amendments to the Judicature Act means all appeal cases should be appealed in the region of the court issuing the decision.

According to the amendments passed by parliament last month – which also resulted in the controversial dismissal of two Supreme Court Judges – the nine member High Court will be divided into three branches with three judges assigned to each.

The two regional branches in the North and South will be allowed to hear appeals against magistrate court verdicts while only the Malé branch will be allowed to hear challenges to laws and regulations.

Constitutional rights

Velezinee claimed that by changing the regulations, the Supreme Court is “taking over the functions of the legislator” in an “attack on the Constitution”.

“No right is guaranteed anymore,” said the outspoken critic of the judiciary. “Supreme Court is under the constitution, but now it has gone above the Constitution.”

Velezinee has previously accused the Supreme Court of dominating the entire judiciary, and compromising the independence of the lower courts, via its close oversight of the Department of Judicial Administration.

Similar suggestions made by the Human Rights Commission of Maldives (HRCM) to the UN Human Rights Council last year prompted the initiation of ‘suo moto’ proceedings on charges of undermining the Constitution and the sovereignty of the country.

Velezinee was barred from the public gallery during the proceedings of the HRCM case in October.

Meanwhile, a prominent legal expert said that by shortening the appeal period, the Supreme Court is “trying to limit a fundamental right guaranteed by the Constitution”.

“The right to a timely trial should not overlap the right to appeal,” he said. “It is going to be logistically and practically impossible for most people to prepare an appeal case and submit it within ten days.”

He pointed out that most atolls do not have the adequate transportation systems to the nearest court branch, saying that it might be easier for islanders to travel to Malé to file an appeal.

Both he and Velezinee suggested that it normally takes in excess of two weeks to acquire the court report required to adequately prepare for an appeal case.


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Fuvahmulah Airport handed to government after costing STO MVR170 million

The State Trading Organisation (STO) has been losing MVR12 million (US$ 780,000) per year since Fuvahmulah Airport opened in 2011, Managing Director Ahmed Azim told Haveeru.

“I requested the government to take over the airport because it has been causing that much damage to the company,” said Azim, noting that the state-owned company had lost in excess of MVR170 million (US$11 million) since the airport opened.

Speaking at the 50th anniversary of the STO last week, President Abdulla Yameen said that he does not believe the STO will ever earn profit from the airport.

“Even though STO had to suffer numerous losses and had to bleed because of it, it has constructed an airport at Fuvahmulah,” said President Yameen – who had previously served as Chairman of STO. “We have decided to take over the airport and re-compensate the company for its losses.”

Upon assuming the presidency in November 2013, Yameen declared the STO bankrupt before Azim announced a campaign to cut operational costs by MVR50 million (US$3,242,542) in 2014.

Last week Yameen warned that “managing directors of state owned companies will change if the companies cannot perform” to the required standard, shortly after the dismissal of Maldives Airports Company Ltd chairman Ibrahim ‘Bandhu’ Saleem.

Despite being constructed as part of the STO’s social responsibility, the airport was not economically viable, said Yameen, warning that the boardrooms of state owned companies should consider such investments more carefully in the future.

Yameen did, however, call upon the STO to widen its scope into international global markets. He spoke of diversifying the company into numerous fields such as shipping and oil tanker operation, while promising government support for such ventures.

Fuvahmulah Airport – which has a runway of 1200 km runway – was constructed and opened in 2011 by the STO during former President Mohamed Nasheed’s administration. It operates flights to Malé and Gan International Airport, to the south.

Nasheed tweeted today that the airport would yield profits if the originally envisioned tourism activity were to be developed. The single island atoll has no resorts, and only a single guest house registered with the tourism ministry.

During his presidential election campaign in 2013, Nasheed had pledged to transform the island via 70 separate development projects, as well as awarding it city status.

With 8,579 people, according to the 2014 census, Fuvahmulah has the fourth largest population of any island in the Maldives.


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Economic Ministry stops issuing work permits to foreign photographers

The Ministry of Economic Development has decided to stop giving out work permits to foreign photographers starting from yesterday (January 26).

“We want to provide the opportunity to Maldivian youth and to ensure that photography stands up on its own as an established industry,” Minister of Economic Development Mohamed Saeed has told Haveeru.

“This will encourage small and medium sized businesses to develop,” he explained, adding that only Maldivians will be allowed to provide photography services in resorts.

The current government has pledged to create more jobs for local youth by replacing expatriate workers with Maldivians.

Maldives Photographer’s Association (MPA) President Mohamed Shafy told Minivan News that the government’s decision is a “huge accomplishment” for the organisation, which has been working relentlessly to provide more opportunity for local photographers.

Shafy said that foreign nationals were taking up opportunities which would otherwise be given to local photographers – especially at resorts – by demanding a smaller price than their local counterparts.

He explained that the association had discovered, via the recently passed Right to Information Act, that 14 foreign nationals were working in the photography industry in the Malé area, despite just 3 having been licensed throughout the country.

“We do not mind the photographers who come for a certain project or with famous celebrities,” said Shafy. “However, some of these resorts have foreign resident photographers for weddings and occasions while it could be Maldivians doing the job.”

Shafy said that the association has held talks with various government officials regarding the matter.

“We have had talks with tourism minister Adeeb, [former] defense minister Nazim and we were told they will try to change things around. So we did not think that the minister Saeed would take such a drastic measure.”

Another local photographer described the move as a “very good decision” which would provide a lot of opportunities to work at resorts.

While there are 1500 professional photographers registered with MPA, Shafy estimates that there are over 3000 photographers working professionally in the country.

“It used to be that tourists would come to the Maldives just for the underwater scenery and pictures. But now we see more honeymooners who want their pictures taken,” said Shafy, describing the potential of the industry.

He expressed his belief that the decision would prompt a lot of photographers who had given up on the profession to return to the industry.

The theme of ‘Maldivian work for Maldivians’ forms a major part of the government’s current policy for strengthening the economy and reducing youth unemployment.

Youth minister Mohamed Maleeh Jamal has told Minivan News recently that there are over 13,000 individuals in the youth unemployment registrar. Shortly after the current government took office in late 2013, the youth ministry said it would attempt to resolve unemployment by replacing expatriate workers with locals.

After pledging to create 94,000 jobs during its five year term, the government recently announced that it would be illegal to hire expatriate workers as cashiers starting from April this year.

Speaking at the time, Saeed said: “A large percentage of the Maldivian youth is unemployed and looking for unemployment. All they need is support and guidance.”

In December last year, former Managing Director at Maldives Airports Company Ltd Bandhu Ibrahim Saleem told a Majlis committee that difficulties with local staff had resulted in a dependence on foreign employees, and even military assistance, to keep the international airport running.

Saleem – who had been called before the Majlis to explain the high number of foreign workers at Malé international airport – was removed from his post for unspecified reasons last week.


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Updated Hajj regulation will help prevent fraud: Deputy Islamic Minister

Deputy Minister of Islamic Affairs Dr Aishath Muneeza has said that the updated regulations for Maldivian Hajj pilgrims would help prevent Hajj-related fraud cases in the future.

Muneeza told Minivan News that the new regulations published in the Government Gazette today would make the whole Hajj process more transparent and accessible.

“We have brought major changes to the existing Hajj regulations,” said Dr Muneeza, who also serves as Chair at the state owned Hajj Corporation – officially inaugurated last week (January 20).

Dr Muneeza said one of the biggest improvements to the regulation was the introduction of a new bank guarantee to be held at the Islamic ministry paid by the Hajj agencies, requiring the agencies to deposit 25 percent of the price per head when submitting proposals.

The regulation states that the deposited money will be used to cover any required expenses which have not been paid for by the agency such as airlines or hotel payments. It also states that the money will be taken to the ministry if it receives news that the agency has taken more customers than the quota assigned to the company.

While the Hajj Corporation is to handle 50 percent of the quota given by the Saudi Arabian government, the remaining slots are equally distributed to three private companies after a bidding process.

“We have also changed the requirements of agencies submitting proposals to the ministry,” explained Dr Muneeza. “The managing director of the company should now have five years’ experience of taking people to Hajj compared to the previous one year of experience”.

Under the new regulations, the license will not be released to the company if “anyone convicted or suspected fraudulent Hajj transactions are present in the board of directors or management,” requiring the companies to hand in the criminal records of all board members while submitting the proposals.

“The new law would also require the agencies to submit a timeline to the ministry giving itself deadlines such as the dates by when tickets are brought, money is taken from customers. This allows the ministry to keep track of the agencies while giving them some leeway to construct their own timeline,” said Dr Muneeza.

Speaking at the ceremony inaugurating Hajj Corporation last week, Islamic minister Dr Mohamed Shaheem Ali Saeed – while pledging to reduce the cost of the pilgrimage  – said that the government has become more involved in the Hajj grips after the activities of unscrupulous Hajj companies.

Last year, the government covered the expenses of 121 defrauded customers of the Al-Fathuh Hajj Umra Group with an amount in excess of US$500,000.

Dr Shaheem revealed to the press that Al-Fathuh only informed the ministry that it would be not be able to take the customers to Mecca the day prior their departure.


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China dismisses Nasheed’s claim of military base in Laamu Atoll

China has denied former President Mohamed Nasheed’s suggestions that the Maldivian government is planning to hand over large parts of Laamu Atoll to China for a military base.

A Chinese embassy press statement released yesterday described Nasheed’s allegations as “completely false”.

“It is a common knowledge that China pursues a national defense policy that is defensive in nature”, read the press release. “China does not maintain any military in any foreign country”.

“China always upholds the five principles of peaceful coexistence in its foreign relations, and believes in peace, development, and win-win cooperation. This is also the foundation for China-Maldives relations which are not only mutually beneficial but also transparent to the outside world,” it continued.

While speaking to the press after returning from a trip to Abu Dhabi last week (January 22), Nasheed had alleged that the Maldives was to hand over large parts of the southern atoll to China for a military base on a 99-year lease, in exchange for US$2 billion.

While speaking at the inaugural ceremony of the Laamu Atoll link road – to be built and financed by the Chinese government – last month, President Abdulla Yameen revealed that the government had identified the area as a potential special economic zone (SEZ).

Following the Chinese response, Nasheed today (January 25) tweeted: “it is encouraging to see the Chinese Government reconsidering their strategic plans in the Indian Ocean”.

Regional presence

China’s rising economic presence in the Indian Ocean region has stoked concerns in New Delhi that China is creating a ‘string of pearls’ to encircle India, including Chinese investments in ports and other key projects in Sri Lanka and Pakistan.

Last month, the Maldives officially agreed to participate in China’s Silk Road trade route, becoming the third country to do so, while also revealing that the two countries have agreed to engage upon free trade in the future.

Chinese state media has connected the Maritime Silk Road Project, which which will link China to the east coast of Africa and the Mediterranean, to the proposed ‘iHavan’ transshipment port – one of five mega-projects designed to take advantage of the US$18 trillion worth of goods transported across the seven degree channel annually.

The British armed forces maintained a base in Addu Atoll between the Second World War until 1976, while a leaked Status of Forces Agreement with the US in 2013 prompted speculation about a new military base, though this was subsequently denied by US officials.

President Abdulla Yameen was reported to have said, during a visit to Sri Lanka last year, that he had decided against pursuing the SOFA deal for fear of upsetting regional neighbours.

President Xi monitoring progress

The Chinese press release noted today that China had been a close neighbour of the Maldives for centuries, and that bilateral relations had “expanded greatly in recent years”.

“We hope that Maldivian politicians can conduct more dialogues that are conducive to China-Maldives friendly relations, and engage in more actions that could promote the mutually beneficial cooperation between our two countries.”

The Chinese Ministry of Foreign Affairs is also reported today as saying that President Xi Jinpeng was closely monitoring the progress of the Hulhulé bridge project and development of Ibrahim Nasir International Airport (INIA) – both of which China has expressed an interest in.

An agreement for a feasibility study into the bridge linking the airport island of Hulhulé with the capital Malé was signed with China late last year, while financial arrangements for the development of INIA are said to be under discussion with China’s Exim Bank.

A preliminary contract agreement for the airport’s development was signed during President Xi’s visit to the Maldives in September – the first by a Chinese head of state to the Indian Ocean nation. President Xi expressed hope at the time that the bridge might be named the Maldives-China friendship bridge.

President Yameen has made clear his intention to further pursue already rapidly expanding ties with China, announcing a policy shift to the east while criticising the interference of western powers.

China also accounts for one third of all tourists visiting the Maldives.


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Government considering racing track in Hulhumalé, says Tourism Minister

Tourism minister Ahmed Adeeb has said the government is considering building a racing track in Hulhumalé, saying that motor racing deters youth from crime.

Adeeb’s comments came at the conclusion of the ‘Motor Racing President’s Challenge 2015’ last night (January 24), with the minister acknowledging that the island’s master plan for artificial island made no provision for such a facility.

“Creating a master plan takes years and it is not essential for Hulhumalé to always have a racing track,” Haveeru reported Adeeb as saying. “We are, however, trying to build a track that would last at least six years and one that can host international events.”

The two day event, organised by the Maldives Motor Racing Association (MMRA), concluded last night with awards handed out by President Abdulla Yameen for the winners.

Speaking at the opening ceremony of the competition this weekend, Adeeb said it was necessary to develop racing as a sport in the Maldives as it deters the youth population from crimes and drug abuse.

“These kind of sports prevent the youth from straying into criminal activities and drugs. Racing especially can only be done with good discipline, this is not a sport you can participate in unless you are sober,” said Adeeb.

The competition – which saw women participating in a racing event for the first time – was split into various categories as superbike racing, car racing, and various tiers of motorbike racing.

While President Yameen handed out the winning awards to all first prize winners, Adeeb handed out awards for the runners-up, and recently appointed Minister of Defense Colonel (retired) Moosa Ali Jaleel gave awards for those finishing third.

First Lady Fathimath Ibrahim was also awarded a shield of recognition by MMRA for the work she does towards developing the sport.

Adeeb said that despite motor racing being a widespread sport in the Maldives, it faces a considerable amount of restriction such as the lack of racing track and difficulty acquiring racing equipment. However, he noted that local racers had fared well despite these difficulties.

The second phase of the Hulhumalé development has begun, with Belgian company Dredging International reclaiming 240 hectares, doubling the size of what the current government government has designated a youth city.

At the official reclamation of the second development phase last week, President Yameen called on young people from around the country to relocate to the Malé suburb.

He has previously pledged to establish a ‘technopolis park’, entertainment, and sports facilities, and facilities for tourism and fisheries industries, while Hulhumalé Development Corporation officials have also said phase two of the project will feature a monorail to Ibrahim Nasir International Airport.

Source: Haveeru, Avas, Vaguthu


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Items confiscated by police do not belong to Nazim or his family, say lawyers

Former Defense Minister Colonel (retired) Mohamed Nazim’s legal team says that items confiscated by police at his apartment last weekend do not belong to him or his family.

Nazim’s lawyers released a press statement today saying that the former minister wanted to to make it clear to the public that he does not know who the “items” belong to.

Former Attorney General – and former cabinet colleague of Nazim – Azima Shukoor will head the legal team who today said that their client did not commit any act in violation of the law and that “he would like to assure everyone that he would not do anything in violation of the law in the future.”

Nazim – who was also acting health minister – was dismissed from his post on Tuesday (January 20), three days after police raided his apartment in the Galolhu ward under a court warrant.

President’s Office spokesperson Ibrahim Muaz tweeted at the time that Nazim had been “expelled from his post due to an ongoing investigation”.

On the same day, Muaz announced that Major General (retired) Moosa Ali Jaleel had been appointed as the new minister of defense and national security.

Police subsequently told the press on Tuesday that they had found dangerous weapons at Nazim’s house during the search, though they denied knowing it was Nazim’s home before the raid.

“We found dangerous weapons at his house,” said Spokesman for Commissioner of Police Ahmed Shifan. “Nazim and some of his family members were questioned regarding the weapons but they failed to adequately respond to the questions.”

Speaking to the media the same day, Nazim said that recent events had shown that no Maldivian was assured of safety and security.

“This gives an alarming signal that entering any house, at any time and to do anything is possible. The defence minister is the most senior official standing beside the president,” he said during a press conference held at the studios of DhiTV.

“It is how things are in all parts of the world. If the situation is so that the minister’s house can be raided at any time, no Maldivian citizen will have safety and security”.


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Maldives’ resorts among world’s best, but industry insiders express concern over Green Tax

Three Maldivian resorts have been named among the world’s top 25 hotels by TripAdvisor, but industry specialists have expressed concern over the new green tax and rising prices.

Gili Lankanfushi Maldives placed top in the recently announced Traveler’s Choice Awards, based upon the quantity and quality of reviews posted on the website, while two other Maldivian resorts – Cocoa Island and Constance Moofushi – ranked at number six and fifteen, respectively.

The survey by the world’s largest travel website acknowledged over 8,100 properties based on one year’s worth of reviews and opinions from its 315 million unique monthly visitors.

“We are very glad that three of our resorts got included as top hotels in the world,” said Maldives Association of Tourism Industry Secretary General Ahmed Nazeer.

Four other Maldivian locations were named as part of the top 25 hotels in the Asian region. Baros Maldives was awarded ninth place on the regional list, Soneva Fushi placed 13th, while LUX* Maldives and Komandhoo Maldives Resort earned 21st and 22nd, respectively.

Meanwhile, industry specialists have expressed concern that the Maldives might soon become an overpriced destination due to increasing taxes and service charges, with the latest levy taking the form of a US$6 green tax.

“The green tax will definitely have an impact,” said Shafraz Fazley, Managing Director of Viluxur Holidays to ttgasia.com. “It is (already) becoming too expensive to go to top resorts because of all the service charges and taxes.”

The US$6 green tax was announced in November last year with the tourism minister Ahmed Adeeb saying that the revenue generated from the tax will go into managing waste from local resorts and other islands.

Rising arrivals, rising costs

The tax is part of  new revenue raising measures outlined in the record MVR24.3 billion (US$1.5 billion) state budget for 2015, which also includes the addition of ten resorts to the current 109 registered facilities. These measures are anticipated to raise MVR3.4 billion (US$220 million) in revenue for the government.

The green tax will be introduced 11 months after the abolition of the US$8 per night bed tax, and one year after the hike in the Tourism Goods and Service Tax (T-GST) from 8 to 12 percent. Airport service tax was also raised from US$18 to US$25 in July 2014 for visitors leaving the country.

Maldives Association for Travel Agents and Tour Operators President Abdulla Ghiyas was reported as having told TTG that the resort contracts will be unaffected as the bed tax had been taken into account, though the opposition has previously called the levying of this and T-GST simultaneously as “double taxation” on the industry.

“Have a look at the TripAdvisor Forum,” Michelle Flake from Koamas Luxury Escapes told TTG. “I am sure people are moaning and saying it will be too expensive for them to come soon.”

After receiving more than one million tourists for the second consecutive year in 2014, the tourism ministry estimates that the Maldives will see 1.4 million tourist arrivals this year.

Speaking to Minivan News about the past year, however, Tourism Employee’s Association of Maldives Secretary General Mauroof Zakir said that, despite the increased arrivals, the tourism industry suffered as a whole in 2014.

“Total tourist arrivals have increased compared to the previous year. However, as arrivals from Europe and Russia decrease, less income is generated as the replacing Chinese visitors spend less and stay for lesser periods,” said Zakir.

Last year’s Maldives visitor survey in January 2014 appeared to confirm Zakir’s point, showing that Asian tourists stayed for shorter periods of 3 to 4 days while the average stay for European tourists was between 7 and 11 days.

According to the Tourism Yearbook 2014 – published by the tourism ministry – average duration of stay by tourists is declining, from 8.6 days in 2009 to 6.3 days in 2013.

The Chinese and Russian tourist markets are two of the fastest growing in the world, with arrivals increasing by an average of 54 and 10.7 percent, respectively, between 2009 and 2013.

Adeeb has acknowledged the negative impact of the falling Russian rouble on arrivals, saying that the Maldives must diversify its tourism markets as the international arena “heats up”.


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High Court resumes Hulhumalé Magistrate Court appeal case

The High Court has scheduled a hearing for January 28 in former President Mohamed Nasheed’s appeal case into the legitimacy of the Hulhumalé Magistrate Court.

The case, which challenges the legality of the bench assembled to try Nasheed for the January 2012 detention of Criminal Court Judge Abdulla Mohamed, has been stalled since April 2013.

Hisaan Hussain from the opposition leader’s legal team said that the former president and his representatives have received the chits from the High Court regarding the hearing.

“The chits from the high court said it was a preliminary hearing,” said Hisaan.

“However these kind of meetings are usually where documents are exchanged and do not happen in the middle of an ongoing trail, therefore we are regarding this as a hearing.”

Meanwhile, in a press statement today the Maldivian Democratic Party (MDP) said that Nasheed has been “receiving threats that he will be arrested as soon as he returns to the Maldives” from his visit to Abu Dhabi.

Nasheed – who has recently urged the government to expedite the trial – tweeted today that he will be cutting his trip short after hearing of the government’s intentions to arrest him and will arrive tomorrow afternoon.

The former president was arrested in October 2012 after the Hulhumale Magistrate Court issued a warrant following his failure to adhere to court summons.

Also charged with the detention of Judge Abdulla Mohamed were prominent figures from the Nasheed government, including Major General (retired) Moosa Ali Jaleel.

Jaleel was appointed as minister of defence yesterday following the dismissal of Mohamed Nazim, who is being investigated on suspicion of keeping illegal weapons in his home.

The Prosecutor General’s Office has subsequently said it will not be withdrawing with the charges against the new defence minister, while President’s Office Spokesman Ibrahim Muaz told Minivan News that the cases of Jaleel and Nazim are not comparable.

“There is a massive difference between security services finding dangerous weapons and an ongoing case intiated by a previous administration. The president has decided to trust Jaleel even with the pending case,” said Muaz.

Stalled case

In a statement today, the MDP noted that the threats to arrest Nasheed come at a time when “President Yameen’s government has been threatening various political figures while undermining the Constitution”.

Chief among the complaints levelled against the government are recent amendments to the Judicature Act which saw the removal of two of the Supreme Court’s seven judges.

Also included in the amendments was the division of the nine-member High Court into three regional branches, with only the Malé branch allowed to hear challenges to laws and regulations.

Speaking at a party rally last weekend, Nasheed suggested the president had been attempting to strike a deal regarding the charges related to Abdulla Mohamed’s detention. “I am the bad guy,” he reminded the president.

Last November, Nasheed also told the press that the judge’s detention had been wrong, blaming his former defense minister Tholhath Ibrahim for the decision.

Nasheed has appealed at the High Court against the legitimacy of the Hulhumalé Magistrates bench – assembled by the Judicial Services Commission (JSC) – saying that judges on the bench on cases must be appointed by the senior judge of the court, arguing that such decisions were beyond the remit of the judicial watchdog.

He has also questioned the establishment of a Magistrates Court in the Malé suburb, arguing that Hulhumalé is considered to be part of Malé City under the Decentralisation Act and therefore require a separate Magistrates Court.

Other critics of the court included then-JSC members Sheikh Shuaib Abdul Rahman and former Speaker of Parliament Abdulla Shahid, who argued that the judicial watchdog had acted unconstitutionally in assigning magistrates to a particular case.

United Nations Special Rapporteur on the Independence of Judges and Lawyers Gabriela Knaul, noted at the time that the  “appointment of judges to the case, has been set up in an arbitrary manner outside the parameters laid out in the laws”.


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