Author: Laura Restrepo Ortega

JSC quiet about charges against judges

The Judicial Service Commission (JSC) is filing charges against Criminal Court Judge Abdulla Mohamed and Civil Court Judge Mohamed Naeem, according to a story published on Miadhu today.

According to Miadhu, Judge Mohamed was charged, among other things, of obstructing the judicial procedure and for disciplinary issues, charges which he denied.

The article says the cases against Judge Naeem were charged by Maldivian Democratic Party (MDP) MP Mohamed Musthafa and President of Adhaalath Party, Sheikh Hussain Rasheed.

Sheikh Rasheed said in 2008, when he went to court over a defamation case, Judge Mohamed Naeem was the presiding judge.

Sheikh Rasheed said Judge Naeem unlawfully placed him under house arrest, and then had him arrested when he was meant to only get a warning for not showing up at his court hearing.

He then filed an official complaint against Judge Naeem. He said he had to go to the JSC every day to look at the progress of his complaint, so he withdrew his complaint today.

“I can’t waste my time,” he said.

Judge Abdulla Mohamed said he had “not yet” been informed about any charges against him by the JSC and said he had “no idea” what he was being charged of.

The JSC did not comment to Minivan News on the cases.

Likes(0)Dislikes(0)

Residential Properties Bill accepted by Parliament

The Residential Properties Bill intended to regulate the housing rental industry has been accepted by Parliament.

Independent MP for Kulhudhuffushi-South, Mohamed Nasheed originally presented the bill to the Parliament in November 2009, which aims to protect the rights of both tenants and landlords. It has been in the queue system since.

The bill was widely based upon the Residential Tenancies Act (1987) of New South Wales, Australia, and proposes the creation of a tenancy deposit scheme, with deposits made at the start of a tenancy to be held by the government rather than individual landlords.

There would be a limit on how much the deposit could be and tenants would have the right to appeal if they believe they are not getting a fair rental price.

When he first presented the bill in 2009, Nasheed told Minivan News stricter housing regulations are necessary in a city as overcrowded as Malé, where demand for accommodation dramatically outstrips supply, leaving tenants vulnerable to unscrupulous landlords.

Even then, Nasheed admitted the bill was controversial and said he was unsure it would be passed as it was, but now that it has been accepted by the Majlis, Nasheed said he has “greater hope that a compromise will be reached between those who agree with it and those who don’t.”

“I basically looked at it from a consumer protection point of view,” he said. “So far [housing] has been regulated by ordinary terms of contract.”

Nasheed said he wanted to protect the rights of both the tenant and the landlord, and hopes the bill will help the market by leaving “less room for undue influence.”

The bill was accepted by 45 votes, “seven votes above majority,” Nasheed noted. It will now be sent to a committee before being sent back to Parliament for approval.

“I hope it will all be over in six months,” Nasheed added.

knocking down house
Demolishing a house in Malé

A holistic approach to the housing crisis

Minister for Housing, Transport and Environment, Mohamed Alsam, said the bill “has got rather ridiculous things in it. It’s very foolish to control the market.”

Aslam said the government was trying a more “holistic approach” to the housing crisis in Malé by “diverting demand elsewhere.”

He said the best thing to do was to improve services in other islands and provinces, so people would want to move out of Malé and back to their homes.

“It’s a national development issue,” he said. “Other parts of the country aren’t attractive enough.”

Aslam said that is where the government’s decentralisation plan comes into play. “We have always seen the issue of housing as a broad development issue, not an isolated thing. If we leave Malé as it is, no law will regulate it.”

Although the minister did admit “certain elements of [the bill] are good,” he said “I don’t think I would go with it.”

Housing in Malé

With a growing population of over 100,000, Malé is among the most densely populated cities on the planet, and the housing crisis is only getting worse as more people migrate from other islands and demands grow, allowing rental prices to spike.

Due to the high demand and low supply for housing in Malé, many people who own land choose to rent it out for extra income, either by renting a part of their house or giving the land for the construction of apartment buildings.

A 2008 report by the Human Rights Commission of the Maldives (HRCM) found that 68 percent of families in Malé were living in accommodation that “qualifies as slums by UN definitions.”

Additionally, they found survey participants spent 85 percent of their income on rent and utilities in Malé and Vilingili. They also found some landlords were increasing rent “at will” and forcibly evicting tenants if they were unable to meet their ever-increasing demands.

Effects of overcrowded areas

There are many other issues with overpopulation besides money and rental control; health problems, psychological welfare and even sexual abuse have all been directly connected to living in overcrowded areas.

Dr Jorge Mario Luna, World Health Organization (WHO) representative to the Maldives, wrote: “Several social problems are also faced within the household including child abuse, psychological impact in growing up in areas of overcrowding, breakdown of many families due to the hardship faced by them stimulating a ripple effect of social disorder for the families, particularly the children caught in the situation.”

Buildings in Malé
Buildings in Malé

Dr Luna added: “It is important to note that the major drivers, or social determinants, of health in urban settings are beyond the health sector, including physical infrastructure, access to social and health services, local governance, and the distribution of income and educational opportunities.”

Likes(0)Dislikes(0)

MDP MP Musthafa assures “I will never leave my party”

Maldivian Democratic Party (MDP) MP for Thimarafushi in Thaa Atoll, Mohamed Mustafa, has spoken against one of the amendments to the Tourism Act in Parliament this week, amendments proposed by his party.

Today he offered assurances that he “would still vote with MDP on the issue.”

Mustafa said he is mainly opposed to the extension of leases for resorts, which will lease islands to resort operators for a minimum of 50 years. This was proposed  to make the Maldives a “more investor-friendly environment,” according to former Minister of Tourism Abdulla Mausoom, who spoke to Minivan News yesterday.

Mustafa believes reducing costs for the investor means “one man is getting rich, while the poor are getting poorer.”

“We don’t need to extend a lease to 50 years,” he said, “rather, the government can implement the Taxation Bill.”

He said he does not see how the amendment is beneficial to the people of the Maldives: “Why are we giving the benefits to rich people and not the general public?”

Although he expressed his concerns over the proposed amendments, he said he wanted to “confirm to Minivan News that I will not vote against my party. It’s one of the best parties.”

“I have my own opinion,” he said, but he still believes “the MDP are [working] for the benefit of Maldivians.”

Mustafa also spoke about his “intimidation” by certain MDP members, but said it was not a recent issue and had nothing to do with the Tourism Act.

He said his comments concerning intimidation by his party were “regarding a previous case that went to criminal court” a year and a half ago over a payment issue.

Mustafa said he was acting as a mediator for a payment that needed to be made to someone, whom he claims is “a known money launderer and strong supporter of the DRP”, and this person tried to cash in the same cheque twice.

“He had no right to take the payment the second time,” he said.

Mustafa claimed the case was then taken to court and he was not informed about it. He said “some senior MDP members were behind the case, but they are not MPs.”

He said his comments were taken out of context by the media, “which is putting their own style into things they don’t know. They are poisoning the minds of the public.”

Concerning the recent rumours that he was planning on leaving the MDP and moving to the People’s Alliance (PA), he said “I will never move to the PA, that is totally false.”

“I have nothing against my party, we are on very good terms,” Mustafa noted, adding that “MDP is a democratic party. It’s the most democratic party in the Maldives, and we are working to perform our pledges.”

“We work very well, cooperate, do our best for our party,” he said, “we are very strong, we walk as one. I will never leave my party, I would rather resign [politics],” he added.

Likes(0)Dislikes(0)

Government’s bill reduces tourism revenue “but improves investor confidence”

The government has proposed an amendment to the Tourism Act that reduces the rent resorts pay as well as extending the lease period to fifty years, a move which would significantly reduce the government’s income from the tourism industry in the short term.

The bill was proposed by MDP MP Ibrahim Mohamed Solih, who said the main aim of the bill “is to improve investor confidence and performance of the tourism sector.”

Solih said rent would be charged depending on the resort’s area and not number of beds. Resorts are now to pay US$7 for each square metre.

Resorts would also be categorised according to their size; the smallest group being from 100,000-200,000 m²; the second from 200.000-400,000 m², and the largest is above 400,000 m².

Solih said this will ease the burden on resort owners and will help resorts currently under construction around the country.

He noted that this would reduce the government’s income from the tourism sector from Rf 1900 million (US$148 million) to about Rf 1300 million (US$101 million).

Creating an investor-friendly environment

Minister of Tourism, Arts and Culture, Dr Ali Sawad, said the amendments to the Tourism Act will create more macro-economic opportunities in the Maldives.

“It is geared towards achieving three objectives: the first is transforming leases to land rent. The second is phasing out the bed tax, and the third is increasing the lease from a minimum of 35 years to a minimum of 50 years.”

Resorts currently pay a flat rate of US$8 per occupied room, per night, known as the ‘bed tax’, however the resort industry has criticised this as a disincentive to increase capacity and promote expansion, and limited potential revenues in the future.

Dr Sawad said since all the revenue streams are linked, any amendments to the bill will have a “ripple effect on the economy” and would create an environment for greater investments as investment costs are decreased.

He assured that the amendments would bring in more revenue starting from next year, but admitted the government would see “a slight drop [of revenue] during the transition. It’s all part of a larger fiscal policy.”

The amendments to the bill would ultimately “not lower revenue” from the tourism industry, as they were intended to make investment in the Maldives “more attractive.”

Former Minister of Tourism Abdulla Mausoom said “we definitely have to create a positive investment environment in the country,” because in the last year and a half, “investor confidence has been down.”

He said the outcome of both the tourism bill and the taxation bill “are not certain.”

“The Maldives is very small and our natural resources are limited,” Mausoon said. “The government has a responsibility to look after our resources.”

He said he believed “it is not in the best interest of the country” when an investor is willing to pay a better price and the government had set a lower fixed price.

“We should facilitate and investor-friendly environment without eliminating the competitiveness of the market,” he said.

Mausoon suggested the government set a minimum fixed rate and have bidders propose higher bids from there. He said most of islands desired by resorts were what he termed, “micro-islands” or those less than 10 hectares in size (less than 0.1 km²).

“The government has a responsibility to safeguard our assets,” Mausoon said, noting that if investors are willing to pay more, “they should be allowed to pay more.”

‘Sim’ Mohamed Ibrahim from the Maldives Association of Tourism Industry (MATI) said “we think this a very forward-thinking bill. Obviously there are little tweaks needed, but overall it’s a good bill that has come at the right time.”

Sim said “the government has worked closely with the tourism industry to develop this bill” and had consulted with the industry “at every stage.”

Bed tax and island lease vs. GST and land rent

Currently, the cost a resort pays the government is based on the number of beds it has. Dr Sawad said on average, the government was making anywhere from US$3,500-20,000 per bed every year, generating a total of US$47 million in revenue from the bed tax per year.

He said a “conservative estimate” of how much revenue the government’s proposed Goods and Services Tax (GST) is expected to bring in was over US$60 million a year. He noted that the tax revenue would continue to increase as the tax net widens.

Dr Sawad said the bed tax would be phased out in the next three years when the GST is in place.

He also said the leases for resorts currently brought in around US$78 million, while the land rent should collect about US$60 million a year.

“By addressing the lease rent head on, we will be able to reduce investment costs, which makes for a more attractive investment,” he said.

However Mausoom said the land rent increases the uncertainty for the tourism industry, because there is no guarantee as to how many beds will be developed on then land: “A resort owner can build as many rooms as possible.”

“This US$7 per square metre is very misleading,” he added, noting that “the government will only be getting three set rents: US$1 million [per month] for the islands in the smallest bracket. For the middle bracket it will be US$1.5 million, and US$2 million for the larger islands. It doesn’t make sense.”

He pointed out the smallest bracket—those islands smaller than 200,000 m²—“should catch at least US$1.4 million, if you multiply it by US$7 per square metre. It’s totally misleading.”

Another thing he believes is unfair is the government’s decision to wait until the GST is in place before ratifying the Tourism Act. “They can’t put a condition like that,” he said, “it’s putting an extra burden on resort owners.”

Mausoom also said he believed there were “many discrepancies” in how the MDP is trying to consolidate the different bills and acts concerning fiscal policy, and said “the government has to start singing the same song. A song that is nice to the Maldivian people, nice to the investors, and nice to the tourists.

Sim explained that the amount the government will lose in land rent (compared to the current lease and bed tax scheme) would be offset by the GST levy, “which would go hand-in-hand with this bill.”

He said adding the business profit tax, GST and land rent, the resorts will “probably pay more than they do currently alongside existing government revenues from customs duties.”

He added that the three year waiting period to phase out the bed tax “is a bit long and [we] will try to lobby for one year.”

Sim also noted that the major issue with the Maldives’ tourism industry is capacity: “The industry can only grow through an increase in capacity. The current situation is good for people who have established, successful properties, [but not for new investors].”

The new system, he said, would offer businesses “certainties” and reduce the current level of “maneuvering” occurring within the industry.

Likes(0)Dislikes(0)

Government is still “one man show”, says Vice President Dr Waheed

When Vice President Dr Mohamed Waheed appeared as the first-ever guest on VTV’s new show Hoonu Gondi (Hot Seat) on 12 April, he took the opportunity to say he was “not completely satisfied” with his job.

The aftermath of the Vice President’s interview has brought his comments to television shows, newspapers and blogs, with headlines exploiting his words as criticisms directed to President Mohamed Nasheed and his leadership.

Speaking to Minivan News, Dr Waheed said although he usually does not do interviews, but in a small community like Malé “people know when someone is not happy” and he felt he needed to speak out.

“I made a fairly measured response [to the question], careful not to be too critical of the government,” Dr Waheed said. “It is time to get rid of that fear of speaking out.”

He said people had been waiting for him to say something about his role as the country’s first elected vice president, and felt he needed to express “what is good, and what is not working” in the current government.

“This is also my government. Clearly there are ways it could be stronger,” he said.

Dr Waheed said he felt the government should be “shaped in the spirit of democracy and good governance,” adding that “we still have a lot to learn.”

He said he held the responsibility to tell the people who elected him how he felt about the government, their over-all performance and his role in it. “It’s my responsibility to express my feelings,” he said, “I think people in power should express themselves.”

Dr Waheed’s feelings were that the “way we function in [this] government is not too different to what it used to be. It’s still one man running the show,” he said, but assured he was “not picking issues” with the government, but “talking about democratic process.”

One of the main reasons for his dissatisfaction was that he doesn’t feel he is sufficiently involved in the decision-making process. “I don’t feel I am able to contribute, that consultation is not there.”

He said that while it was the president’s privilege not to consult him on everything, he thought the core of a democratic government should be “more inclusive and participative.”

“The people of the Maldives didn’t elect me to sleep for five years. I believe I am part of the leadership of this country and it is necessary for me to be involved,” Dr Waheed said. He added “the government will be stronger if the president consults with us.”

He also expressed concern over the fact that the current government won the 2008 elections on a coalition-party platform, but is now being run by a single party, the Maldivian Democratic Party (MDP).

However Dr Waheed said this was “nothing that can’t be fixed”, as the government “is going through a learning process.”

He also believes the government is doing a good job in delivering their promises to the people.

“For any government, the first few months have to go into planning,” Dr Waheed said. “There has been a lot of work laying those foundations and results will be seen shortly.”

As the Maldives has not yet celebrated its second year under a democratic government, the vice president is sure these issues can still be resolved.

He said the government must be “much more consultative. We need to be more clear on what is being assigned and how that can be achieved.”

Dr Waheed defended his statements on ‘Hot Seat’ by reiterating that “I don’t see why we should be hiding our feelings now. We did not bring about this change to work in despair.”

He noted that despite the headlines today, “everything is OK” between him and the president.

Press Secretary for the President’s Office Mohamed Zuhair said the vice president’s interview “was not in an official capacity [as vice president], but as a party leader.”

“If he was going in official capacity we would get a notice, but this time it did not happen,” Zuhair said.

Dr Mohamed Jameel, president of the Dhivehi Qaumy Party (DQP), one of the parties that joined the MDP-led coalition that elected President Mohamed Nasheed’s administration in the 2008 elections, said he “agrees with Vice President Waheed completely.”

“I think [lack of consultation] is the very reason why many politicians from the coalition went away,” he said, adding “this is the final blow in the coffin.”

He said the problem was the government’s attitude: “Ever since they were elected, they have been saying it was a win for the MDP only.”

Dr Jameel said he thought the MDP had been “hijacked at gun point by their activists” and now the government was “conveniently giving into their demands.”

President of the Adhaalath party Sheikh Hussain Rasheed Ahmed, another coalition partner, said all the coalition parties had been having problems for a while “due mainly to political competition.”

Likes(0)Dislikes(0)

DRP claims Lhohi arrests were politically motivated

The Dhivehi Rayyithunge Party (DRP) has expressed concern that five arrests made in Lhohi island, Noonu Atoll last Friday were politically motivated.

Police Sub Inspector Ahmed Shiyam confirmed five people were arrested in Lhohi last Friday night for starting a fight. He said they were taken to the island’s court and were being kept for seven days while investigations continue.

Two other people were injured in the fight and were taken to hospital, Shiyam said, but they were not seriously injured.

Shiyam noted the fight was most likely “unrelated to politics,” but added that as the investigation is ongoing, there was a possibility it this might prove otherwise.

Spokesperson for the DRP Ibrahim Shareef said “the island councillor planned all of this.”

He said “the boys who were arrested weren’t even on the island” but were attending a DRP rally in Miladhu. “When they returned, police were waiting for them, and accused them of a mugging.”

Shareef said the five men arrested were DRP activists on Lhohi and the island councillor arrested them for political reasons. “The island councillor burned the DRP flag,” he added.

He said “very strange things are happening,” on the islands, most of which “the leadership in Malé doesn’t know about.”

A source at the Lhohi island office told Minivan News the fight was “nothing political,” but was rather an act of revenge.

The source said a man was attacked by five people “because he had tried to push another man’s wife earlier.”

After sunset, the woman’s husband and brother, along with some of their friends, attacked the man and beat him, the source claimed. “He was injured and taken to hospital,” he said, adding that the man was now recovering.

Likes(0)Dislikes(0)

HRCM report on persons with disabilities highlights gaps in equality

The Human Rights Commission of the Maldives (HRCM) in conjunction with the UNDP have this morning presented their report on the rights of persons with disabilities in the Maldives.

The report, Activities Addressing Rights of Persons with Disabilities, is a “baseline assessment” of the rights and challenges concerning disabled people in the Maldives, as well as a number of recommendations from the HRCM on how to improve the lives of those with physical or mental impediments.

The report shows that in 1981, when the first ever screening was conducted in the Maldives, there were 1,390 people with disabilities, or 0.9 percent of the population.

In the 2000 census, the number rose to 4,728 which comprised 1.75 percent of the population. In 2002, the figure had risen further to 3.4 percent, or 9,216 people.

The most recent census (a preliminary report by Handicap International in 2009) showed 8.1 percent of the population has either temporary or permanent disabilities, including 4.7 percent with severe permanent functional limitations.

The HRCM report states that “lack of standard definitions of disability and different survey methodologies do affect the number of persons screened as having disabilities.”

The Maldives signed the UN Convention on the Rights of Persons with Disabilities (CRPD) in 2007, but the Parliamentary approval needed to ratify the convention was only reached in January 2010.

Although rights for persons with disabilities are part of the Constitution, the proposed bill on protecting rights of persons with disabilities was sent back to Parliament by the president for reconsideration in January 2010.

According to the HRCM, the bill was sent back “because it was found crucial to amend the bill in line with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).”

Education

The HRCM reported that approximately only one out of every ten children with disabilities is enrolled in school. This means 230 children out of 2,250 with disabilities in the entire country are attending school.

Jamaluddin School, Ghiyaasuddin School and Imaduddin School are currently the only schools in Malé which offer a full curriculum for children with disabilities. This began in 1985 when Jamaluddin School opened up enrolment for children with hearing disabilities.

There are currently eleven schools nation-wide which provide for children with disabilities.

The Ministry of Education had planned to set up “minimum one school in each atoll that enrols children with special needs by 2010” but the HRCM report says in most schools, “classes are accommodated with multi-handicapped children with a limited number of teachers.”

Training teachers to work with children with special needs is another major issue, as is creating an action plan for children with disabilities and improving special education policies.

The HRCM reported that “there is virtually no access to or transition to secondary level education for children with special needs.”

Health services

The HRCM has pointed out that “human resources and facilities required to address mental health is lacking.”

According to the report, there is no mental healthcare available in Malé; there are only two psychiatrists working in the country who deal mostly with drug rehabilitation.

There is also a lack of quality residential care. There were more than thirty-one persons with disabilities waiting for a place at the Home for People with Special Needs in Guraidhoo as of March 2010. In contrast, there were thirty-one other patients who had been discharged but not taken home.

The HRCM said “their families aren’t taking them home. Some have been there for over six years.”

There are currently 137 beds in six wards around the country. A seventh ward was built in 2009, but cannot start functioning until furniture can be brought in.

The government is also providing “approved essential psychotropic drugs free of charge to registered psychiatric patients.” Patients can send in a form to the Ministry of Health and Family to get approval for free medications, including anti-depressants and anti-psychotic drugs.

The government also provides assistive devices, such as wheelchairs, crutches, spectacles, hearing aids and special seats with children with cerebral palsy.

Employment and financial assistance

The HRCM states “the most obvious gap in services provided to persons with disabilities is lack of employment services.”

They note that there is no support from the government in helping disabled people find jobs, and 72 percent of working age men and 93 percent of working age women with disabilities were not in work as of 2008.

The HRCM believes one of the biggest challenges with employment is that many employers have low expectations about what persons with disabilities can and cannot do, thus excluding them from the workforce due to discrimination.

The HRCM stated that “although assistive devices are available from the government, there is limited information made available to persons with disabilities.”

The government currently provides a monthly allowance of Rf 1,500 (US$118) for legally blind persons through the Ministry of Finance and Treasury, but “there is no income assistance to persons with other forms of disabilities.”

Access to buildings and transport

The HRCM has recognised limited access to premises and on transport as one of the major service gaps for people with disabilities.

They note that “inaccessibility of the built environment is a major contributing factor that decreases the number of workplaces available to persons with disabilities,” and suggests that homes, hospitals, schools, mosques, government offices, courts and shops be “more accessible and user friendly.”

Although they note there is “evidence of genuine attempt to address this issue” in the Family and Children Service Centres, the National Building Code must be amended in order to eliminate obstacles to indoor and outdoor facilities.

“The roads, pavements, road signs and traffic lights are not designed to be friendly for persons with disabilities…it’s lamentable that wheelchair access is not possible even on ferry services between Malé and the airport.”

The HRCM suggests that improving roads and transport to be more accessible will not only help those with disabilities, but will also benefit the elderly, parents with prams, and people carrying groceries.

The HRCM made numerous recommendations in their report, including how to improve leadership and commitment from the government and community; teaching sign language to staff at the Ministry of Health and Family and the Maldives Police Service, among others; and improving access to information for people with disabilities on how their lives can be bettered through government policies.

NGOs

There are several NGOs working to improve the rights of disabled people in the Maldives, such as Hand in Hand, Association of Disability and Development, and Handicap International among others, but the Care Society is currently the only one who provides services and has been working with people with disabilities for eleven years.

Shidhatha Shareef from the Care Society said “clearly, we have a long way to go. Many services are still not available [for persons with disabilities].”

She said the NGOs are also facing many challenges and limitations, especially regarding staff training and public awareness.

The Care Society runs a school for children from zero to twenty-five years of age with disabilities. They are currently catering to 55 children and are trying to promote education services on other islands.

Shidhatha said one of the bigger problems with education concerning children with disabilities is that most schools only take children with very limited to moderate disabilities, and not those with more severe disabilities.

She said the best way the government can help improve the lives of persons with disabilities is by “prioritising the issue,” and added “we do hope the bill [on protecting rights of persons with disabilities] is ratified soon.”

Shidhatha said despite all the work being done to ensure the rights of persons with disabilities, such as signing the CRPD, “people with disabilities do not have equal rights.”

Likes(0)Dislikes(0)

Unregistered marriages leave children unable to inherit, warns Family Court

The Family Court has claimed that unregistered marriages occurring in the Maldives are denying children the legal rights of those born to ‘registered’ couples.

According to Maldivian law, children born out of wedlock can face difficultly obtaining legal recognition for matters such as claiming their inheritance.

Permanent Secretary for the Ministry of Islamic Affairs Mohamed Didi confirmed that children born to couples who exchange vows in unsanctioned private marriages do not have the same legal rights as children born to those who marry legally.

“It’s a serious problem,” Didi said, explaining that such children can experience problems claiming inheritance and tracing their family.

“The children cannot find their family line or claim their property,” he said.

There were “certain religious people” giving false information to others in small communities, he said, who were instructing their followers to marry “according to Islam and not Maldivian law.”

Didi noted that although these marriages could technically be recognised by Islam, “the country’s law says we have to register a marriage.”

He said the ministry is running “awareness programmes giving proper information to people,” as well as providing education through the media, information sessions at the ministry and during Friday sermons.

Didi said the ministry “has not found clues” as to why certain religious scholars are marrying people outside the law, but he thinks the only reason is “they want to have a bigger group of followers.”

The Family Court confirmed it was dealing with some cases involving private marriages, and said if the marriage was not registered at the court, it was not technically legal.

Couples receive a certificate through the court which proves they are married, she explained.

Children born to couples who are not registered will not appear under the father’s name and “will not have legal rights”, the court registrar noted.

Press Secretary for the President’s Office Mohamed Zuhair said the problem was all down to the “concubine business.”

According to legal procedures concerning polygamy, for a man to marry more than one woman, the first wife must give her consent for her husband to marry someone else. In this event, his finances and ‘level of commitment’ will be examined by the court.

Zuhair said some men who did not pass the requirements were getting married outside the law.

“The problem is that divorce is then also not legal, and children are unable to claim their inheritance,” he said, noting that although the marriage could be recognised under Islam, it was not recognised under Maldivian law.

Zuhair noted the greater issue behind these ‘private marriages’ was the discussion by Islamic scholars over whether State laws should stand alone from Shari’a, although “of course State law is influenced by Shari’a law.”

“The Constitution gives power to the State,” he said, “but certain Islamic scholars believe this shouldn’t be the case.”

A source who wished to remain anonymous from an island “well known for these type of illegal marriages” told Minivan News that “there is a group of people who believe the Constitution of the Maldives should not be followed because it is not based on Shari’a law.”

He said these people claimed that judges at the courts were “apostates” and that marriage under a Maldivian court could not be recognised under the tenets of Islam.

He said people who do not follow this group “would also be considered apostates.”

He said many people involved with this group were also not sending their children to school because they would have to sing the school song “as they believe singing is haraam, and also claim the school uniform is not very ‘Muslim’.”

Likes(0)Dislikes(0)

Presidential Commission member resigns over “political influences”

Presidential Commission member Idham Muizzu Adnan resigned from the commission yesterday, claiming a lack of transparency and impartiality.

The Presidential Commission is an independent body created by President Mohamed Nasheed in May 2009 to investigate corruption allegations in the country. The president was also responsible for appointing all of its members.

Spokesperson for the Presidential Commission, Abdulla Haseen, said the commission’s mandate was to investigate corruption cases, particularly targeting people accused of corruption under the previous regime.

However Adnan, who has worked with the commission since it was created, said he resigned because of “certain political influences” that were being imposed on the commission.

“I agree the president has the power to dictate [how the commission is run]… but he should do it in a reasonable and impartial manner,” Adnan said.

Adnan said sometimes the commission was pressured “not to call on certain people” when investigating a case, or was advised not to disclose certain information to the public.

“In decree, the commission is to function independently… [it] should not be used as a tool to protect people or attack opponents.”

Furthermore, “we should be allowed to disclose any information [we find],” he said, “because these corruption issues need to be investigated.”

Adnan said a press conference scheduled for yesterday evening was cancelled at the last minute on request from the President’s Office, which made him reconsider his position in the commission.

“I feel [the commission] cannot function in an impartial manner,” Adnan said.

Haseen confirmed Adnan’s resignation and said Adnan “is really concerned about transparency… he is not satisfied with our decision to postpone a press conference.”

Haseen confirmed the scheduled press conference was postponed “on the advice of the President’s Office.”

He said the commission gives press conferences “frequently” and this one was postponed “because the issue is quite controversial.”

The Presidential Commission is allowed to share information with the public, Haseen said, but “we have some limitations.”

Haseen explained that once the investigation of a case is completed by the commission, a press conference will normally be held before the registration report is sent to the police. The police then have to send it to the Prosecutor General’s office, who decide whether the case will be sent to court.

Although Haseen said the President’s Office “never intervenes with the process” of investigation, on this occasion, “Mr Adnan is not happy about it.”

Haseen said the commission regularly seeks the president’s advice, since “he appointed the commission, it is related to his advice,” and their investigations are always “cooperative.”

Haseen said the issue of the commission’s transparency was “nothing to worry about.”

Press Secretary for the President’s Office Mohamed Zuhair said President Nasheed expressed his regret about Adnan’s resignation, and thanked him for his sincerity and the legal advice he provided the commission.

Zuhair noted the President created the commission to strengthen the role of the Anti Corruption Commission (ACC) and the Human Rights Commission of the Maldives (HRCM), among other independent commissions

“The Presidential Commission is an auxiliary body to help police and other agencies at the front line of legal matters,” Zuhair said.

He said he believed Adnan “jumped the gun” with his resignation.

“He may have other assumptions [about the commission],” Zuhair said.

Zuhair said the press conference that was cancelled yesterday had originally been scheduled for Thursday, but the commission postponed it until Sunday “for their own reasons.”

He said the president then wrote a letter to the commission asking for the details of the press conference, “saying he should be informed of the key points to be made public.”

Zuhair said “it would not be the decent thing to do to go ahead with the press conference without giving the president the facts he wanted. It is the Presidential Commission. The president is the head of this body.”

He said the president “didn’t want to jeopardise the legal process” by revealing certain information before the case was made public and sent to the police. “The president wanted to know whether the commission had a water-tight case.”

But he assured “there was no order [made] to stop the press conference.”

Likes(0)Dislikes(0)