ICJ says Majlis has “decapitated the country’s judiciary”

The International Commission of Jurists (ICJ) has called this week’s removal of two Supreme Court judges an assault on the independence of the judiciary.

“The Maldivian parliament and executive have effectively decapitated the country’s judiciary and trampled on the fundamental principles of the rule of law and separation of powers in a democratic State,” said Sam Zarifi, ICJ’s Director for Asia and the Pacific.

Zarifi went on to call for the reinstatement of Chief Justice Ahmed Faiz and Justice Muthasim Adnan, labelling their removal by the People’s Majlis “astonishingly arbitrary”.

The two judges were removed following amendments to the Judicature Act passed last week, requiring a reduction of judges on the Supreme Court bench from seven to five.

After the Majlis approved the changes, the Judicial Services Commission (JSC) recommended the following day (December 11) that Faiz and Adnan be removed. The reasons for the decision have yet to be made known to either the public or the Majlis, which nevertheless voted to remove the judges on Sunday (December 14).

Article 154 of the 2008 Constitution says a judge can only be removed if the JSC finds them guilty of gross incompetence or misconduct.

Established in 1952, the ICJ is formed of 60 judges from around the world who utilise their legal expertise to develop and strengthen national and international justice systems.

“The superficial legislative and administrative maneuvers used to get rid of them [the judges] were grossly unfair and in flagrant violation of the Maldivian Constitution, UN and Commonwealth standards on independence of the judiciary, and the obligations of the Maldives under international law,” read today’s ICJ statement.

Both the Civil Court and private lawyers have unsuccessfully attempted to block the judges’ removal, with the Civil Court saying that the “unconstitutional” decision had the potential to “destroy judicial independence” in the Maldives.

While the Supreme Court ordered that the Civil Court hand over any files related to the opposition Maldivian Democratic Party’s complaint, the High Court has told private lawyers that it does not have the jurisdiction to rule on the matter.

Meanwhile, Commonwealth institutions have released a statement saying that judicial independence and the rule of law had been “severely jeopardised” by the decision.

Locally, the Maldivian Democracy Network has called the decision “a travesty in the guise of upholding the Constitution”, while Transparency Maldives also expressed concern:

“The impartiality and independence of the Supreme Court is not solely decided by the number of Supreme Court Justices but rather by the upholding of judicial integrity and principles,” said the anti-corruption NGO.

Immediately following his dismissal, Faiz – previously a stern critic of international commentators on judicial reform – said the move raises doubts over the separation of powers and the continuation of judicial independence in the Maldives.

“Today will be written down as a black day in the constitutional history of the Maldives. I state this is a black day for the constitution. Taking such a vote against the constitution is, I believe, disrespectful to the constitution,” he told local media.

The ruling coalition maintains the amendments – which include the breaking up of the High Court into regional bodies – will strengthen the judiciary and facilitate judicial reform.



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Judicial independence still an issue in Maldives, says US assistant secretary of state

US Assistant Secretary of State Nisha Biswal has said that judicial independence and politically-motivated threats remain an issue in the Maldives, despite the young democracy’s accomplishments.

“The United States remains committed to supporting Maldives as it works to consolidate the independence of its core governing institutions and establish democratic norms that respond to the will of its people,” said Biswal.

The assistant secretary of state for south and central asian affairs released a statement following her visit to Malé, during which she met with President Abdulla Yameen, senior cabinet members and civil society groups.

Biswal’s visit came soon after the controversial removal of two Supreme Court judges earlier this week, with numerous MPs reporting personal threats and physical assault in the hours preceding the Majlis vote.

Commonwealth groups have since expressed concern that the sudden removal of former Chief Justice Ahmed Faiz and Justice Muthasim Adnan has “severely jeopardised” the independence of the Maldives judiciary and the rule of law.

The US has previously been critical of the Maldives judiciary, noting that it was “not independent and impartial and was subject to influence and corruption” in the State Department’s 2013 human rights report.

The report also described “charges of Supreme Court interference to subvert the presidential elections process,” as among the most significant human rights problems in the Maldives.

Biswal yesterday noted that the Maldives has proven itself to be an “able partner”, with “great potential to serve as a model of a democratic and tolerant Muslim society that can have enormous influence on countries around the world.”

“We look forward to continuing cooperative efforts to address the great challenges of our time –from mitigating the effects of global climate change, to combating piracy, to countering the rise of extremist ideologies,” read the statement yesterday.

An additional report on terrorism from the State Department in May this year reported the Maldives Monetary Authority (MMA) as saying that funds were being raised in the country to support terrorism abroad. The suggestions were subsequently denied by the MMA.

The Maldives’ leadership positions at the UN Human Rights Council and its recent appointment as chair of the Alliance of Small Island States was also noted in Biswal’s statement.

Trade and investment

The assistant secretary welcomed the broadening and deepening of trade with the US in the wake of the first bilateral trade talks in October – five years after the initial Trade and Investment Framework Agreement (TIFA) was agreed.

Despite this delay, total trade between the two countries has more than doubled between 2009 and 2013, though US tourists visiting the Maldives represented less than 2 percent of the market share last year.

2013 saw US private equity firm Blackstone acquire both the Maldives’ major seaplane operators for an undisclosed sum, as well as the introduction of the US designed PISCES border control system.

The PISCES system was utilised in the controversial arrest of alleged Russian hacker Roman Seleznyov by US security personnel while in the Maldives in July. Seleznyov was subsequently transported to the US via Guam where he awaits trial.

US engagement with the Maldives has traditionally concerned foreign assistance to enhance maritime security, counter terrorism, and counter narcotics cooperation with Maldivian security forces.

Rumours of a Status of Forces Agreement – opening up the possibility of US forces being stationed in the Maldives – surfaced in 2013, before the newly elected President Yameen announced that any such deal would be likely to damage relations with neighbouring countries.

The US has also pledged to help the Maldives adapt to the negative effects of global climate change, pledging US$7.2 million (MVR111 million) for a adaptation projects last year.

Assistant Secretary of State Biswal reiterated the US’s commitment to enhancing the Maldives’ resiliency and crisis-response capabilities, praising the government and the public for their response to the recent Malé water crisis.

“The United States will continue to work with the government of Maldives on long-term water production and distribution assessments, and to develop rain-water catchment and desalinization projects to ensure supply of clean drinking water,” said Biswal.



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Funds for water crisis relief continue to pour in

The Government of Malaysia has pledged US$200,000 to the ‘Malé Water Crisis Management Fund’, while Japan is also reported to have given MVR13.9 million (US$903,000) to the Malé Water and Sewerage Company (MWSC).

The Maldives Ministry of Foreign Affairs has announced the Malaysian contribution via Twitter.

The government hopes to raise US$20 million to protect against future incidents, though the opposition and civil society groups have raised questions over the transparency of the fund.

China has already donated US$500,000 to the fund, while an anonymous Saudi donor immediately pledged US$1 million during the crisis, which left 130,000 residents of Malé without running water for seven days this month.

From within the Maldives, Universal Chairman Mohamed Umar Manik, Champa Brothers, Trans Maldivian Airways, and the Maldives Tourism Development Corporation have all donated US$100,000, while telecoms company Ooredoo has donated US$200,000.

Haveeru has reported that Japan has gifted the MVR13.9 million to fully repair the damage caused by the December 4 fire, though it is not yet clear whether the money has been given to the government’s fund or directly to the state-owned MWSC.

“Japan hopes that because of its donation, the residents of Malé City will have continuous access to clean drinking water,” Haveeru quoted a Japanese statement as saying.

Additionally, US Assistant Secretary of State Nisha Biswal has this week said the US intends to work with the Maldives on “long-term water production and distribution assessments” and to develop rain-water catchment and desalinisation projects to ensure clean drinking water.

Relief efforts included the arrival of fresh water supplies in multiple Indian military aircraft as well as passenger aircraft from China and Sri Lanka. Additionally, India sent two naval vessels, with China and Bangladesh also sending ships.

Both the UN in Maldives and the Human Rights Commission of Maldives praised domestic relief efforts during the crisis, which were led by the Maldives National Defence Force, alongside volunteers from the Maldives Red Crescent, who distributed free water throughout the capital.

Singapore provided technical assistance in repairing the damaged panels in the MWSC’s desalination plant.

Malaysia was among the countries thanked by Minister of Foreign Affairs Dunya Maumoon earlier this week.

“The people and the Government of Maldives are heartened by the strong show of solidarity and humbled by the generosity of our friends,” wrote Dunya.



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Maldives falls in press freedom index for fourth year

The Maldives has fallen in the Reporters Without Borders (RSF) Press Freedom Index for the fourth consecutive year, dropping 5 places to 108th out of the 180 countries ranked.

The index reflects the degree of freedom that journalists enjoy in each country and the efforts made by authorities to ensure respect for this freedom.

After serious attacks against opposition-aligned journalists last year, 2014 marked a new low in Maldivian journalism as the Minivan News journalist and blogger Ahmed Rilwan disappeared in what is widely regarded as an abduction.

The RSF index is again topped by European nations – Finland, Norway, and the Netherlands – while Eritrea, North Korea, Syria, Somalia, and China are again among the lowest scoring countries.

After the Maldives rose as high as 51st in the index in 2009, recent years have seen a steady decline, slipping to 73rd by 2011, 103rd in 2012, and 108th last year.

RSF also released its annual indicator of the global level of media freedom for the second time this year, which increased by 61 points – or 1.8 percent, suggesting a slight decline in respect for freedom of information worldwide.

With over 700 journalists killed worldwide over the past decade, UNESCO last year launched the International Day to End Impunity for Crimes against Journalists, which was observed on November 2.

Rilwan’s disappearance

In early November this year, the Police Integrity Commission accepted a case filed by Rilwan’s family alleging police negligence in the investigation into the 28-year-old’s disappearance.

The Maldivian Democracy Network has also asked the police watchdog to investigate the police’s failure to investigate dangerous criminal activity outlined in a report into the disappearance.

The report by UK-based private investigators concluded radicalised gangs to have been the most likely culprits in the abduction.

Police immediately dismissed the document as politically motivated, though they have yet to make significant progress in the investigation, with Home Minister Umar Naseer telling the media that some cases just could not be solved.

Publication of the details of the MDN report by the media also resulted in threats against journalists, which have frequently followed the publication of stories about the capital’s growing gang problems.

Minivan News journalist Ahmed Rilwan - missing for 131 days

A landmark “Threat Analysis Report” carried out by the Maldives Broadcasting Commission in May found that 84 percent of journalists surveyed reported being threatened at least once, while five percent reported being threatened on a daily basis.

2014 also saw the first criminal proceedings initiated against a journalist since the introduction of the 2008 constitution, though charges of obstructing police duty against Channel News Maldives journalist Abdulla Haseen were later dropped by the state.

Rilwan’s disappearance is the first such instance of its kind in the Maldives, although near fatal attacks were carried out on the blogger Ismail Hilath Rasheed in 2012 and the Raajje TV reporter Ibrahim ‘Asward’ Waheed in 2013.

Noticeable problems

Following Rilwan’s disappearance in August, journalists from across the Maldives joined to declare that his abduction was a threat to all, calling for an end to persistent intimidation faced by the press.

“As intimidation of press grows, and attacks against journalists, equipment, and buildings continue, we are extremely concerned over the delays in bringing to justice those who commit these acts,” read the landmark statement.

Meanwhile, oversight of the industry – one of the key measures in the RSF index – continued to be negatively affected by internal problems within both the Maldives Journalist Association (MJA) and the Maldives Media Council (MMC).

After the last three attempts to hold new elections for the MJA were disrupted, Vice President Ali Shaman said that the continued absence of members had left the association unable to form a quorum for meetings.

“Due to the delays, the MJA’s functions have not been that effective,” said Shaman, who suggested that the introduction of a working journalist’s act could improve the conditions for journalists in the country.

An MJA meeting in August resulted in accusations of assault against one editor and the resignation of MJA President Ahmed ‘Hiriga’ Zahir, while the editor accused subsequently received a death threat via SMS.

Meanwhile, the work of the 15 member MMC – established under the 2008 Maldives Media Council Act to establish and preserve media freedom – has also been hindered this year by delays to internal elections.

All members of the council were confirmed in early December after issues regarding the eligibility of inactive media outlets had delayed the MMC elections by four months.

Observers sent from the EU to oversee this year’s Majlis elections suggested that lack of clarity in the media regulatory framework should be addressed, suggesting a merger between the Media Council and the Maldives Broadcasting Commission.

The council did, however, hold the first Maldives Journalism Awards this year, although the absence of government officials appeared to contradict pledges to respect and protect journalists.



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Maldives should forget about mitigating climate change, says Bluepeace

The Maldives should forget about stopping the effects of climate change and focus instead on adaptation, says environmental NGO Bluepeace.

“Mitigation is something we have to forget about at the national level,” said Bluepeace Executive Director Ali Rilwan.

Rilwan’s comments come after the conclusion of UN climate change talks in Peru, which have resulted in an agreement slammed as “very weak” by environmental groups.

“We don’t have much faith,” said Rilwan, citing the international community’s failure to follow through on previous commitments. “Locally, we have to look at adaptation. Maldives is the most low-lying country – we have to have dry land.”

As talks concluded in Lima, a delegation of cabinet ministers headed to Beijing for economic talks that will include plans for oil exploration in Maldivian territorial waters – a policy Rilwan described as “ironic”.

China-Maldives Joint Committee on Trade and Economic Cooperation

“On paper, there are a lot of adaptation programmes, but in reality you don’t see it happening,” he said, perceiving a lack of concern about climate change within the Maldives.

Former President Mohamed Nasheed, who has gained international acclaim as an environmental activist, has recently expressed his concern that the chance to mitigate the effects of climate change has been missed.

“The world has lost the window of opportunity to mend its ways,” he told the International Bar Association in October, suggesting Maldivians were likely to become the world’s first climate change refugees.

“Big emitters have sentenced us. The world temperature will rise, and the seas will rise over our nose.”

“And what restitution, if any, can be made for the damage done to us – damage we warned about, but did not cause? I fear that these questions will be answered one day, not in the abstract, but in a court of law. And I fear that we, the people of the Maldives, will be the star witness.”

Lima Declaration

The Lima Declaration sets out a framework which further differentiates developing and rich states, as well as retaining plans for a “loss and damage” scheme to provide financial support to “vulnerable” developing nations.

However, plans to determine what information countries should provide in future emission reduction pledges were watered down after fierce negotiations.

The word “may” instead of “shall” was eventually used in the final text regarding quantifiable information to show how states intend to reduce emissions targets.

WWF officials have said the declaration text “went from weak to weaker to weakest and it’s very weak indeed”, while Friends of the Earth International said fears the talks would fail to deliver “a fair and ambitious outcome” had been proven “tragically accurate”.

The reduction pledges are required prior to the COP 21 climate change talks in Paris next December, which will seek to decide upon a new framework for a universal and legally binding agreement on climate change.

Maldivian representatives in Lima told the conference this week: “We do not want to be in Paris to get perished”.

Maldives delegation at UN climate conference in Peru

Noting the recent pledges to the Green Climate Fund – intended to raise $100 billion a year by 2020 – Ambassador Ahmed Sareer said that “as a small island developing state that is constantly facing an existential threat, the current pledges are simply not enough”.

Officials from the environment ministry were not responding to calls at the time of press.

The Maldives has recently become chair of the Alliance of Small Island States (AOSIS), while former President Maumoon Abdul Gayoom has called on larger nations to allow vulnerable states to take a lead in climate change policy.

Ambassador Sareer said this week that the Maldives’ share of global emission is negligible, and that the government of Maldives was striving to make the country resilient.

The Ministry of Environment and Energy reported that Sareer also attended a number of fringe events in Lima, telling attendees at a Japanese event of the Maldives’ plans to reduce dependency on fossil fuels.

As part of a move to reduce this dependency – which consumes around 30 percent of the country’s GDP – the current government has pledged to work with international groups to explore the potential of oil and gas reserves in the country.

Minister of Fisheries and Agriculture Shainee told media that the government would discuss the issue with two Chinese companies this week as a delegation headed to Beijing for the first China-Maldives Joint Committee on Trade and Economic Cooperation.

India has already offered to assist in oil exploration within Maldivian territorial waters, while a seismic survey was carried out by a German research vessel in August.



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Laamu Atoll identified as potential SEZ as Yameen inaugurates link road

President Abdulla Yameen yesterday inaugurated the Laamu Atoll link road, revealing that the area has also been identified as a potential special economic zone.

The president stated that the road – to be built and and financed by the Chinese government – was symbolic of the close ‎friendship between the two nations.

Meanwhile, the Maldives has officially signed up to China’s Maritime Silk Route project, with economic development minister Mohamed Saeed signing an MoU during the first meeting of the Joint Committee on Trade and Economic Cooperation in Beijing today.

The agreement will allow the Maldives to take an “active role” in the construction of the project as well as sharing information on national economic development plans, explained the foreign ministry.

Chinese state media have previously reported that the route will pass the intended site of the Ihavandhippolhu Integrated Development Project – or ‘iHavan’ – in the Maldives northernmost atoll.

President Xi Jinpeng has repeatedly called upon the Maldives to become involved in the project, which Xinhua has reported to have the support of over 50 countries.

One such urging came during Xi’s state visit to the Maldives in September – the first by a Chinese head of state, representing the rapidly expanding ties between the two countries.

The Laamu link road project was also unveiled during Xi’s visit. The 15.1km road will become the longest in the country, linking four of the atoll’s 13 administrative islands.

President Yameen said yesterday that the ‎road development project was integral to realising the developmental ‎aspirations of the atoll. He also announced that the area may be selected as a special economic zone.

Facilitated by the government’s flagship Special Economic Zones Act, the proposed deregulated areas have provoked criticism on grounds of transparency and the disempowerment of local authorities.

A minimum investment of US$150 million is required for SEZ developments, with no zones having been announced since the act was passed in August.

The president also noted during yesterday’s inauguration ceremony that the government’s Thumburi ‘Integrated Resort Development’ project – touted as a ‘responsible’ way to expand mid-market tourism – was also located in the atoll.

Signs of burgeoning China-Maldives ties were evident elsewhere yesterday as representatives of the Chinese People’s Liberation Army met with Minister of Defence Colonel (retired) Mohamed Nazim to discuss the acquisition of sea ambulances.

After pledging to provide ambulances in all 26 of the country’s atolls, the government has this year introduced services in six. Local media reported that additional vessels will be purchased with Chinese assistance.

As well as pledges to assist with the redevelopment of Ibrahim Nasir International Airport and construction of the Malé-Hulhulé bridge, in the past two months China has gifted the Maldives 200,000 energy efficient lights, 200 waste bins, fresh water during the recent water crisis, and US$500,000 towards the subsequent relief fund.



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Silk road deal to be concluded in China-Maldives economic committee

The Maldives will officially join China’s Maritime Silk Road Project during the first ever China-Maldives joint commission on economy and trade in Beijing today.

A high level delegation of cabinet ministers left Malé yesterday evening (December 14), telling local media that the Maldives would officially join the trade route.

“With projects such as oil exploration and bridge construction in the agenda for discussion, the meeting will benefit economies of both countries. This is a great achievement to us as well,” Minister of Economic Development Mohamed Saeed told Haveeru.

An MoU establishing a Joint Committee on Trade and Economic Cooperation was one of a raft of agreements signed during the historic visit of President Xi Jinpeng in September.

The Maldivian delegation sent to Beijing also includes Minister of Fisheries and Agriculture Dr Mohamed Shainee, and Minister at the President’s Office Mohamed Hussein Shareef.

Shainee told media that discussions would be held with two Chinese companies regarding the search for oil, adding that the opportunity for neighbouring countries to join the search would be available.

India has already offered to assist in oil exploration within Maldivian territorial waters. The announcement that the administration of President Yameen would resume the Maldives’ decades-long search for oil was followed by a seismic survey by a German research vessel in August.

China’s Silk Road scheme is said to have caused concern in India, though Chinese state media has reported that more than 50 states have expressed willingness to join the project this year.

Shifting east

President Xi has repeatedly urged the Maldives to get involved in the trade route, which will link China to the east coast of Africa and the Mediterranean and is said to pass the Maldives’ northernmost atoll – the proposed site of the Ihavandhippolhu Integrated Development Project.

The ‘iHavan’ transshipment port – one of five mega-projects envisioned by the government – is designed to take advantage of the US$18 trillion worth of goods transported across the seven degree channel annually.

Attempts by the Yameen administration to attract foreign investors – which has included the introduction of the Special Economic Zones Act – have yet to result in any major deals, though China has signed agreements relating to the promotion of the Malé-Hulhulé bridge and the development of Ibrahim Nasir International Airport (INIA).

After a team of Chinese surveyors carried out a feasibility study into the bridge project last month, ministers last night told the press that they would seek to expedite the project while in Beijing.

Additionally, attempts would be made to secure deals for the development of the runway at INIA, the delegation explained. Consultants from Singapore’s Changi International Airport have been hired to oversee the development, with the tourism minister citing their experience working with Chinese contractors.

The delegation also explained that discussions would be held with China’s Ministry of Commerce regarding a free-trade areas, as well as discussing obtaining cheaper oil.

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.

Yameen last week laid the foundations for 704 housing units in Hulhumalé, part of an arrangement for 1500 to be built by ‎the China Machinery Engineering Corporation as part of the further development of Hulhumalé – another of the government’s mega-projects.



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Japan gifts 100 million yen to government, Hitachi MVR1 million to water crisis fund

Japan has today gifted the Maldives ¥100,000,000 (US$840,000) in grant aid, while Japanese company Hitachi has pledged MVR1 million (US$64,800) to the ‘Malé Water Crisis fund’.

During an official ceremony held at the Ministry of Foreign Affairs this morning, Maldives foreign minister Dunya Maumoon and Japanese Ambassador Nobuhito Hobo signed the grant agreement.

Both Hobo and Hitachi Executive Vice President Junzo Najazima also visited President Abdulla Yameen to inform him of the company’s contribution to the relief fund established during this month’s water crisis in the Maldives’ capital.

The President’s Office reported that Junzo was in Malé as part of a team sent to inspect the fire damage to the Malé Water and Sewerage Company’s (MWSC) desalination plants – which left 130,000 people without running water earlier this month.

Hitachi purchased 20 percent of MWSC’s shares in 2010, with its corporate website explaining that it has since played a role in improving the company’s operations. The Maldives government still retains 80 percent of the company.

President Yameen is said to have discussed the recovery efforts with his visitors, which the controversial US$20 million fund is said to be contributing towards.

“President Yameen underscored the ‎‎Government’s commitment to find a total solution to the issue, and to ‎establish a fallback system for future emergencies,” reported the President’s Office today.

After being announced by Minister of Defence Colonel (retired) Mohamed Nazim, the fund was criticised by civil society groups as well as the political opposition for a perceived lack of transparency, with the government’s task force stating that the use of the fund had not yet been determined.

Details of a 20,000 tonnes storage facility as well as reimbursement for relief efforts later emerged. 24 hour running water was resumed, and relief efforts halted, last weekend.

The Chinese government as well as private donors from the Maldives and Saudi Arabia have already contributed to the fund, while naval ships from India, China, and Bangladesh delivered fresh water during the crisis.

During his state visit to Japan in April this year, Yameen met with the president of Hitachi, thanking the company for its for its cooperation with the State Trading Organisation and for its interest in energy-related projects in the Maldives.

The Japan International Cooperation (JICA) – Japan’s overseas development assistance, oversaw projects worth US$450 million to the Maldives in development assistance between 2004 and 2010.

Projects benefiting from Japanese aid have included the first mechanisation of fishing vessels between 1973-76, the development of Malé’s seawall between 1987-2003, and the extension of loans amounting to US$34 million for post-tsunami reconstruction.

In May, JICA completed the ‘Project for Clean Energy Promotion in Malé’ with the installation of the last of 740 solar panels which were installed in 12 government buildings under the US$11.1 million (MVR141.5 million) grant aid solar energy project launched in December 2011.



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Transparency Maldives notes “grave concern” over undemocratic trends

Transparency Maldives (TM) has called upon the state and political parties to operate within the Constitution, and to respect democratic norms and principles.

“Transparency Maldives notes with grave concern the increasing trend of undermining democratic practices and institutions by the State,” read a statement from the NGO today.

TM cited the attempts to reduce the number of judges in the Supreme Court, the sudden removal of the auditor general by the parliament, and the resolution  of the opposition Maldivian Democratic Party (MDP) calling for the presidency to be handed over to Jumhooree Party (JP) leader Gasim Ibrahim.

The MDP, private lawyers, and civil society groups have also heavily criticised the – now successful – attempts to remove Chief Justice Ahmed Faiz and Justice Muthasim Adnan from the Supreme Court.

In a statement released prior to the Majlis decision to remove the pair, TM argued that their removal would further undermine the independence of the judiciary.

“The impartiality and independence of the Supreme Court is not solely decided by the number of Supreme Court Justices but rather by the upholding of judicial integrity and principles,” argued the anti-corruption NGO.

TM said the decision to dismiss the pair without publicising the criteria used to deem them guilty of gross misconduct or gross incompetence – as required in Article 154 of the Constitution – raised questions about the fairness of the process.

“The criteria used must be objective, based on merit, transparent and well-publicised so that any public concerns about the process may be addressed.

The NGO suggested that amendments to the Judicature Act also denied the judges in question the right to defend themselves prior to their dismissal – a point also made today by the Maldivian Democracy Network.

Auditor General removal

Similarly, Auditor General Niyaz Ibrahim was removed from his post in October after pro-government MPs introduced amendments to the Audit Act.

“TM notes that the recent amendment to the Audit Act which abruptly ended the tenure of the sitting Auditor General, before the Constitutionally mandated seven-year term serves to undermine the independence of the Auditor General’s Office,” said today’s statement.

The press release further noted that the removal of the auditor general is only constitutionally allowed for proven misconduct, incapacity, or incompetence.

Niyaz’s removal was justified on the grounds that the Audit Act predated the 2008 Constitution and thereby did not include the current responsibilities, powers, mandate, qualifications, and ethical standards required for the post holder.

Niyaz chose not to stand again for the post, requesting the High Court to place an injunction against the new amendment – though his replacement was sworn in on November 24, within on hour of his approval by the Majlis.

“It must be noted that the passing of the amendment and the consequent removal of the Auditor General coincided with the release of an incriminating audit report against a Government Minister.”

The same day the Majlis authorised Niyaz’ removal, Niyaz had signed an audit report which implicated Minister of Tourism Ahmed Adeeb in a US$6million corruption scandal.

Adeeb – also Progressive Party of Maldives deputy leader – was quick to dismiss the report as politically motivated, while the government appears to have taken no further action in the case – despite pre-election pledges to root out corruption.

“TM calls on state authorities to ensure that heads of independent state institutions are given the autonomy to do their mandated work free from insecurity.”

MDP Gasim decree

Finally, TM denounced the MDP’s resolution which called on President Abdulla Yameen to hand power to JP leader Gasim Ibrahim.

The position taken by the party’s national council last week was condemned by TM as an “attempt to destabilize the elected government and infers overriding the electoral processes stipulated in the Constitution.”

The MDP leadership suggested that growing gang violence – which has resulted in four murders in the capital this year – coupled with the water crisis meant the president should step down.

“The president is not fulfilling presidential duties and ruling in absentia. So it is better for him to handover governance to Gasim Ibrahim,” said former President Nasheed during the meeting.

“TM reminds that any change in government should only be brought by a vote of the people and calls on state parties to not undermine the electoral processes of the country.”

The PPM responded to the resolution last week by accusing the MDP of attempting to disturb peace and unity during the water shortage.

The PPM also characterised the national council decision as an “undemocratic and uncivilised” attempt to topple a legitimately elected government.



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