Category: Politics

MP Colonel Nasheed defects to DRP, claiming MDP “undisciplined”

Opposition Maldivian Democratic Party (MDP) MP for Nolhivarum constituency Mohamed ‘Colonel’ Nasheed has opted to join the government-aligned Dhivehi Rayyithunge Party (DRP).

The DRP was founded by former President Maumoon Abdul Gayoom and now led by his former vice presidential nominee, MP Ahmed Thasmeen Ali, after a split in 2011 that saw Gayoom and his supporters leave the party to form the Progressive Party of Maldives (PPM).

During a small ceremony held at the DRP head office, Nasheed signed to the party in front of party leader Thasmeen.

The defection comes the day following his defeat in the MDP’s parliamentary group elections, in which he contested for the position of one of the two deputy leaders.

MP Nasheed placed last after receiving five votes out of the 30 members. However, he said during the ceremony that the defeat in the party election had nothing to do with his defection to DRP.

Speaking during the ceremony after joining the party, the MP said that even though former President Mohamed Nasheed had a vision to reform the country, his aides never had the same thinking.

He also claimed that he joined DRP because he wholeheartedly believed the DRP was consistent in upholding its policies, and had“civilised” policies to offer for the nation.

“MDP is a party that I love. To sell MDP’s ideology, I took it on my own shoulders and carried it to the international stage. I spent days in imprisonment to uphold that ideology. But the truth is that our former presidents can do little to help this country. We cannot remain tied with the past,” he said.

Nasheed argued that whenever there was a conflict of opinion among a group of members the matter should not be settled “in the wrestling ring”.

He also said that both the parliament and the courts deserved privileges and respect.

“All boys who get ‘A reports’ are in DRP”

“In my view, we should never disrepute the state organs. At the same time I do admit to the fact that both the country’s legislature and judiciary have their problems. I believe the DRP is the only disciplined party that can solve the problems in a civilised manner,” he said.

Nasheed also criticised the recent anti government protests led by the MDP, contending that freedom of assembly should be exercised within the law.

“I do not believe that it is freedom of assembly when protesters overturn a passing van,” he said. “I believe in the right to freedom of assembly. But it is not freedom of assembly when you shatter the windows of a car and injure two school boys in it.”

Nasheed, who spoke highly in favor of his new party, said that DRP was a formidable vehicle that only needs to be activated by a few young people.

The MP claimed the party “has the most able and competent individuals in the country”, which is reflected from the performance of DRP cabinet ministers.

“All those boys who get ‘A reports’ are in DRP and all those who gets ‘B reports’ are with the MDP. What we are seeing today is that the country is being run by boys who end up with ‘C reports’ while those who get ‘A reports’ and ‘B reports’ are kept sidelined. This is something that public should clearly think about,” MP Nasheed said.

MP Eva Abdulla and Ilyas Labeeb calling the shots in deciding party whip line: Colonel Nasheed

Nasheed also alleged that MP Eva Abdulla and MP Ilyas Labeeb were calling the shots in deciding the party whip line in parliamentary votes, and claimed that there was no discussion between the remaining members of the parliamentary group.

“[MDP’s] whip line comes depending on what Eva Abdulla and Ilyas Labeeb feel about the matter. That is not how I want to follow the party whip line. When you vote in parliament, the first priority is the nation. The nation is bigger that any of our individual interests,” Nasheed said, expressing his frustration.

“The DRP is a party that upholds principles. Those principles are followed by the members of the DRP parliamentary group. When we don’t vote on a matter, we have reasons and justifications to our actions,” he said.

Following the addition of a member to his party’s parliamentary group, an ecstatic Ahmed Thasmeen Ali said that Nasheed and he had common views and principles.

The DRP leader described MP Nasheed as a person of both conviction and principle.

“The way he acts in parliament will prove whether he is a person who sticks to principle,” Thasmeen said.

Meanwhile DRP Deputy Parliamentary Group Leader Abdulla Mausoom tweeted welcoming Nasheed’s decision to join the party.

“Happy Day! Welcome [MP Mohamed ‘Colonel’ Nasheed] to DRP, the responsible political party of Maldives,” he tweeted.

MDP response

Speaking to Minivan News about the defection, MDP Spokesperson MP Hamid Abdul Ghafoor said that MP Nasheed and the rest of the parliamentary group members did not share common thinking.

Although he said he did not know the exact reason for the defection, Ghafoor suggested that the move could be for the reason that Nasheed wanted to assure his re-election to parliament.

“Maybe it was an attempt to secure his re-election. But we see that re-election possibilities are high within our own party. We also noticed that he was working very hard to get a position in the parliamentary group which did not bear much fruit,” he said.

MP Colonel Nasheed began his parliamentary career in 2007 following a by-election victory for the Male’ seat of the constitutional assembly that drafted the current constitution. He won the seat on an MDP ticket with a support base of 7,000 votes, but left the MDP to join the Social Liberal Party (SLP) following disputes.

Nasheed again rejoined the MDP ahead of the 2009 parliamentary elections and won the seat of Nolhivaram constituency on an MDP ticket.

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Sacked Human Rights Minister files case in court to declare Waheed government illegitimate

A legal team led by sacked Human Rights Minister Fathimath Dhiyana Saeed has filed a case at the High Court, requesting it rule that former President Mohamed Nasheed’s resignation was obtained under duress and the transfer of power on February 7, 2012 was illegitimate.

Nasheed’s resignation followed 22 days of continuous protests backed by religious scholars, opposition leaders and mutinying police and military officers, in mid-January 2012, over the controversial detention of Chief Judge of Criminal Court Abdulla Mohamed. Nasheed’s Vice-President Mohamed Waheed Hassan subsequently ascended to power.

Following resignation, Nasheed and his Maldivian Democratic Party (MDP) claimed he was forced to resign under duress and that his government was toppled in a bloodless coup d’etat.

Dhiyana Saeed, formerly a member of President Mohamed Waheed’s cabinet and one of the earliest critics of Nasheed’s decision to detain Judge Abdulla, has released a personal memoir explaining her interpretation of Waheed’s ascension to power. The former SAARC Secretary General also alleged that Nasheed’s political rivals had conspired to assassinate him.

Speaking to Minivan News, Saeed confirmed that the High Court had accepted the initial paperwork. However, a final determination to formally accept the case will be made after review of the paperwork.

According to local media, lawyers joining Saeed in the petition include Ishraq Thaufeeg and Aiminath Nazlee, both whom currently represent Saeed’s newly founded law firm, Fanandheeb Chambers.

Speaking to local media outlet Channel News Maldives, Thaufeeg said following legal reviewing of the circumstances, the firm had noticed several legal inconsistencies and lapses that suggested the transfer of power took place illegally.

He also said that public still questions the legitimacy of President Mohamed Waheed Hassan’s government, and that therefore it was important that a court of law decides on the matter.

Saeed alleged in her memoir that the controversial transfer of presidential power on February 7 was the result of a premeditated and well-orchestrated plan, and questioned the findings of the Commonwealth-backed Commission of National Inquiry (CNI), which had declared that there was no coup and Nasheed had resigned voluntarily.

Parliament’s Executive Oversight Committee’s review of of the report revealed several concerns including omission of key evidence and witness statements.

Chair of Parliament’s Executive Oversight Committee, MP Ali Waheed, claimed the August 2012 report produced by the CNI was “flawed” based on the findings of the committee.

He added that many interviewed by the committee claimed the CNI report lacked “key information they had given [the CNI panel]” while “others claimed their infmrmation was wrongly presented”.

To support its claims, the parliamentary select committee released audio recordings of all the statements given by the witnesses. These included former police and military chiefs and officers, who claimed that Nasheed had no option but to resign.

Former Chief of Defence Force Moosa Ali Jaleel was heard telling the committee that he “fully believed that President Nasheed resigned under duress”.

He added that the circumstances leading up to the resignation of former President gave rise to the fact that resignation was obtained by “illegal coercion”.

Meanwhile former Police Chief Ahmed Faseeh told the committee that police officers who gathered in Republican Square on February 7 had disobeyed orders and their actions were grossly inconsistent with the Police Act, as well as professional standards established within the police.

Former Maldives National Defence Force (MNDF) Intelligence Head Brigadier General Ahmed Nilam also testified to the committee that Nasheed was ousted in a coup, claiming that events on February 7 fulfilled all the essentials of a coup.

“Academically speaking, the events on February 7 fulfilled all the essentials of a coup. It involved all the features of a coup that are widely accepted around the world. Some of the elements take place before the toppling of a president. Others take place spontaneously,” he said.

Leaked statements given by key witnesses of the events to CNI, also suggested that the transfer of power took place illegitimately.

In the transcript of the statement given to CNI by MNDF Staff Sergeant Shafraz Naeem – the commander of the riot squad of the Bandara Koshi (BK) Battalion on the day – said that he also believed that Nasheed was ousted in a coup.

“In my view this was a coup. Why? I could see it from the way they handled everything, their attitude, how cool and calm all the officers were. I could tell from how cool General Shiyam was inside the MNDF. They did nothing. This is not how a uniformed officer should behave,” he told the CNI.

Meanwhile President Nasheed told the CNI that he was forced to resign, as he believed his life was at stake on February 7 if he did not.

“In essence, my statement is very small. I was forced to resign. I resigned under duress. I was threatened. If I did not resign within a stipulated period it would endanger mine and my family’s life. I understood they were going to harm a number of other citizens, party members. They were going to literally sack the town. I felt that I had no other option, other than to resign,” he said.

On September 2012, following the release of the report, a legal analysis of the CNI’s report by a team of high-profile Sri Lankan legal professionals – including the country’s former Attorney General concluded that the report was “selective”, “flawed”, and “exceeded its mandate”.

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

The Sri Lankan legal team also contended that “there is evidence to demonstrate that there was in fact adequate evidence to suggest that duress (or even ‘coercion’ and/ or illegal coercion as used by CNI) is attributable to the resignation of President Nasheed.”

The CNI report dismissed this theory.

“In summary, the commission concludes that there was no illegal coercion or intimidation nor any coup d’état. The commission has received no evidence supporting or to substantiate these allegations. This disposes the main mandate of the Commission,”

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Sun article alleging Indian deportation of Maldivian nationals “mischievous” misinformation: High Commissioner Mulay

Indian High Commissioner to the Maldives D M Mulay has accused local news outlet Sun Online of attempting to “mischievously” spread misinformation, after it published an article alleging that India had begun to deport Maldivian nationals.

On Tuesday (March 19), Sun published an article claiming that the Indian Bureau of Immigration had been informing Maldivians – who are residing in India without a specific reason – to leave the country.

The article entitled ‘More difficulties for Maldivians living in India’ has attracted criticism from both the Indian High Commission and the Maldives Foreign Ministry, who have both denied any knowledge of such practices being undertaken.

Speaking to Minivan News, High Commissioner Mulay claimed that the Sun article was an attempt to spread incorrect information between both India and the Maldives.

“We have not received any such reports from our country regarding this matter. The article is a mischievous attempt to spread misinformation between the two countries,” said Mulay.

The article reported that Mohamed Ashraf, a Maldivian who has been living in India with his family since 2008, was suddenly told by Indian immigration to leave the country within seven days.

When Ashraf had asked for the reason for his sudden deportation, Indian immigration allegedly told him they were not required to give any reason to foreigners living in the country, the article states.

The article further claimed that a Registration Officer had told Ashraf that “more Maldivians will be issued such orders in the future”.

A media official from the Maldives Foreign Ministry said that it had not received any information regarding the issue, stating that “these things are all rumours”.

Responding to the criticism, Editor of Sun and Maldives Journalist Association (MJA) President Ahmed ‘Hiriga’ Zahir stated that the news outlet did not speculate or provide misinformation through its reports.

“The information we published is from the interview we got from the guy [Ashraf]. It is a practice of freedom of expression,” he said.

“We have received a lot of complaints from people living in India and they say they are having difficulties with visas. We are carrying people’s opinions.”

While Sun was able to obtain a copy of the document ordering Ashraf to leave the country, the article does not state whether any relevant government officials had been contacted for comment.

An official from within the Indian High Commission further denied that the Indian government was “clamping down” on Maldivians living in the country.

“There is no clamp down, except on those who flagrantly violate visa conditions. For example, people running guest houses on dependent visas.

In regard to the published article, the official asked: “Since when do we start believing in all media news? Most ‘news’ is published without checking with relevant parties.

“Incidentally, I still do not see any progress on any of India’s concerns like the seizure of passports [in the Maldives],” he added.

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Adhaalath Party President vows to dissolve parliament, force MPs to resign

Additional reporting by Neil Meritt

The Adhaalath Party has threatened to dissolve parliament for “not functioning constitutionally”, by pressuring members to resign “just as former President Nasheed was” in February 2012.

President of the Adhaalath Party (AP), Sheikh Imran Abdullah, claimed parliamentarians were not conducting themselves according to the constitution or serving the Maldivian people.

Imran was speaking during a ‘National Movement’ event held at the Artificial Beach in Male’ on March 19, reported local media.

“If the parliament continues to fail to function according to the wishes of the people, Members of Parliament will be pressured to resign in in a similar manner as former President Mohamed Nasheed,” Imran declared.

“God willing, we will dissolve the parliament if it is not conducted according to the constitution. If they don’t want that, they should follow the constitution. We want the parliament to be an honourable place,” he added.

Imran claimed the recently ratified Parliamentary Privileges Act and Political Party Bill are not constitutionally valid laws.

“The Supreme Court has the authority to declare void laws that are enacted in violation of the constitution. So the recently-made Privileges Act and Political Party Act for which protests have been held after they were returned without ratification, are void.

“No action can be taken based on the void articles in these laws. We are not concerned about being accused of violating MPs’ privileges,” he said.

President Mohamed Waheed ratified the two controversial bills – the Parliament’s Privileges Bill and Political Parties Bill – despite previous claims that the two bills had several lapses and “unconstitutional” elements.

Following the President’s initial vetoing of the two bills, parliament overruled the presidential veto by a house majority and forced the bill into law, giving the president no option but to ratify the bills – one of which would see the dissolution of his own political party.

“Not a pressing issue”: Deputy Speaker Nazim

During parliament’s session Wednesday (March 19) MPs presented the issue to the Majlis floor considering Sheik Imran’s comments, a parliamentary official told Minivan News.

“Deputy Speaker of Parliament, MP Ahmed Nazim, who was chairing the sessions, said the matter was not a pressing issue despite concerns the comments were contrary to immunity provided for Majlis members.

“Pointing to parliament’s rules of procedure, Nazim requested any concerns on the matter be forwarded to the parliamentary committee overseeing MP privileges and immunity,” the official added.

The Maldivian Democratic Party (MDP) and Dhivehi Rayyithunge Party (DRP) both reflected the parliamentary sentiments that Imran’s remarks were of no concern.

MDP Spokesperson Hamid Abdul Ghafoor dismissed Imran’s remarks while speaking to Minivan News today.

“Sheik Imran has no understanding of public opinion. Parliament is very popular and the public looks to their elected representatives to solve problems,” claimed Ghafoor.

“As usual, he has got it wrong as he found out people do not like the coup he helped pull off by radicalsing groups of police and the Maldives National Defense Force (MNDF).

“I think parliament is the only democratic institution left. The judiciary has been proven to be corrupt and my party has declared their intention to replace the supreme court bench,” Ghafoor added.

DRP Deputy Leader Ibrahim Shareef agreed, telling Minivan News that Imran’s comments were merely rhetoric.

“Imran is not serious, it’s all rhetoric with no meaning or substance. No such thing [as in the dissolution of parliament] is going to happen. All political leaders have rhetoric, it’s not something to worry about,” said Shareef.

“In fact our political climate is so polarised political leaders seek to please their constituencies. If things our political leaders said were true, we would have landed on the moon by now.

“This is not the way it should be. It does a lot of damage over the long term. It’s very sad, but has become a commonplace reality of life,” Shareef stated.

Unlike Ghafoor, Shareef maintained that the supreme court is a legitimate institution.

“The supreme court is one of the properly functioning institutions. It is not colored by the polarised political climate here,” claimed Shareef.

The “national movement” was born out of the unofficial December 23 coalition of eight political parties and an alliance of non-governmental organisations that rallied to “defend Islam” in late 2011 from the allegedly liberal policies and “secularisation agenda” of former President Nasheed.

The Adhaalath Party and Progressive Party of Maldives were not responding to calls at time of press.

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Sri Lankan govt distances itself from minister’s “deportation” comments

The government of Sri Lanka has distanced itself from the comments of a Sri Lankan minister who called for the deportation of Maldivian asylum seekers.

On Friday (March 15), Minister of Technology, Research and Atomic Energy Patali Champika Ranawaka called on the Sri Lankan government to take action against Maldivians who are converging in areas in the country.

Sri Lanka’s Presidential Spokesperson Mohan Samaranayake told local media on Tuesday (March 19) that Minister Champika’s comments had been made in the minister’s own personal capacity, and did not reflect the views of the government.

The Presidential Spokesperson added that Maldivians living in the country did not pose a problem for the government and had yet to cause any difficulties.

Sri Lankan media reported last week that Champika had called for the government to carry out a census of all Maldivians living in the country and subsequently arrange for the deportation of those seeking asylum.

Speaking to Minivan News on Monday (March 18), Minister Champika attempted to clarify his previous comments, claiming that he was only referring to Maldivians living in Sri Lanka illegally.

“There are roughly 18,000 students studying in Sri Lanka and they pose no problem. However the guardians of the students then decide to come over too, their parents and brothers are now residing here.

“The problem is when these guardians start trying to permanently settle down within this country illegally,” Champika claimed.

According to Sri Lankan media, minister Champika alleged that “thousands” of Maldivians were seeking political protection within the country due to internal tension within the Maldives.

“Thousands of its citizens are now in areas such as Dehiwela, Ratmalana, Nugegoda, and they are seeking political protection and [it] would be a tremendous problem to Sri Lanka in the near future,” the Minister was quoted as saying by Sri Lankan-based publication the ‘Mirror’.

Despite the Minister’s comments, Maldives High Commissioner to Sri Lanka Hussain Shihab told local newspaper Haveeru that relations between the two countries were at an “all time high”.

Furthermore, Shihab claimed Sri Lanka was receiving large economic benefits from Maldivians living in the country, stating “[Sri] Lanka acknowledges the benefits they get from Maldivians.”

In regard to Minister Champika’s comments, the High Commissioner claimed that they could have been based on some “wrong” information, further stressing that the sentiment was not shared by the Sri Lankan government.

“If the Sri Lanka government was concerned, why would they ease the visa process for Maldivians? [Sri] Lanka has facilitated the visa of Maldivians coming here for medical treatment. So there is no policy to implement any restrictions on Maldivians,” he was quoted as saying.

Minister Champika’s comments were made in light of proliferation of Saudi ‘madrassas’ – religious teachers – who are accused of propagating extremist Islamic ideas in Sri Lanka.

The minister stated that there are roughly 700 madrassas currently teaching in religious schools in the country, and it had been established that the religious teachers had been connected to recent disputes within Sri Lanka.

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JSC again summoned to Parliament’s Oversight Committee

Parliament’s Independent Commissions Oversight Committee is to summon all members of the Judicial Service Commission (JSC) to attend the committee on Wednesday (March 20).

Members of the JSC are being summoned to face questions regarding the manner in which judges were appointed to the Hulhumale’ Magistrate Court bench.

Earlier this month, the JSC had informed Speaker of Parliament Abdulla Shahid that the commission would not be held answerable to the oversight committee.

Despite the JSC Chair and Supreme Court Judge Adam Mohamed declaring that the commission refused to discuss matters regarding the Hulhumale’ Court, individual members of the JSC later attended the committee meetings.

Oversight committee member and Maldivian Democratic Party (MDP) Spokesperson, Hamid Abdul Ghafoor, said that the committee had received a total of 18 documents and recorded minutes from the JSC regarding the formation of the Hulhumale’ Court bench.

Citing the minutes from the meeting, Hamid said that a magistrate from Hulhumale’ court had originally proposed a bench of judges to the JSC on September 2, 2012.

Two days later on September 4, Hamid claimed that the JSC had met “in a panic” and had sent a letter to the magistrate telling him to “hold everything, we will tell you what to do”.

“The JSC went into this meeting and propose their own bench because they want their own people. Between 12.30 and 4.30pm on September 4 the JSC had decided on a new bench. The magistrates suggested bench was never even discussed,” Hamid told Minivan News.

The oversight committee member alleged that in “just four hours” the JSC had proposed a new bench, written to the Supreme Court and the Judicial Administrator and had received a response, “They got through six acts of documentation in just four hours”, he added.

In regard to the JSC minutes, Hamid stated that on September 10, 2012, a judge from “different judicial administration” sent a letter to the JSC under the heading ‘Is the Hulhumale’ Court Legitimate?’

“Once again the JSC went into panic mode and hold another meeting. According to the minutes, they start posing questions like ‘does he have the right to use the letterhead to write such things?’ while another member states the JSC needs to take disciplinary action against the man,” Hamid claimed.

Various members of the JSC have criticised the formation of Hulhumale’ court during the committee meetings held earlier this month.

Vice Chair of the JSC, Criminal Court Judge Abdulla Didi told the oversight committee that he did not believe the JSC could establish a court through a vote.

Ealier this month, when asked directly whether he believed the court to be a legitimate entity, Didi answered: “I am not saying it is a legitimate court. Then again, nor am I saying it is illegitimate. All I can say is I don’t believe it will be liquidated.”

“I can’t really recall the law too well but the JSC certainly cannot form a court,” he added.

Meanwhile, Speaker of Parliament Abdulla Shahid, who is also a member of the Judicial Services Commission (JSC), told the committee he believed the judicial watchdog had acted unconstitutionally in assigning magistrates to a particular case.

“In deciding upon the bench, the JSC did follow its rules of procedures. As in, it was voted upon in an official meeting and six of the seven members in attendance voted on the matter. The seventh member being the Chair, does not vote in matters,” Shahid explained to the committee.

“However, whether it is within the commission’s mandate to appoint a panel of judges in this manner is an issue which raised doubt in the minds of more than one of my fellow members.”

Parliament’s Independent Commissions Oversight Committee is summon the JSC to be present at Wednesday’s meeting scheduled for 2.30pm.

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Civil society criticises Home Ministry for decision to dissolve 70 percent of NGOs

Additional reporting by Mohamed Naahii

The Ministry of Home Affairs is facing criticism for publically announcing the dissolution of nearly 1300 non-governmental organisations (NGOs) without notification or supportive mechanisms.

State Minister for Home Affairs Abdulla Mohamed announced Tuesday (March 18) that the ministry will dissolve approximately 1300 of 1843 nationally registered NGOs – 70 percent – because they failed to submit annual reports or elect executive committees, local media reported.

Mohamed said that only around 200 NGOs had submitted the required documents and are functioning in accordance with the law.

He added that the announcement was made to the media and published in the government gazette.

“We had to make this decision because for ages the tradition was to register as many NGOs as possible. There is no tradition to dissolve or abolish NGOs.

“On average, four to five NGOs are registered on a weekly basis. But NGOs do not function as they should. If that is happening then NGOs need to be dissolved,” stated Mohamed.

The Maldives NGO Federation told Minivan News they have received complaints from NGOs that they were not informed prior to Minister Mohamed making this public announcement via the media.

“The Home Ministry should have informed these organisations directly and given them an opportunity to resolve their issues within a certain time period,” stated NGO Federation Vice President Imad Mohamed.

“These island-based associations are not aware of what is happening, some do not have access to the media – internet or television. Additionally, some atoll and island councils did not inform NGOs based on the islands.

“I am not able to comment on legal issues at the moment, but any NGO should be dissolved according to the law and due process should be followed. We will discuss this issue with the Registrar and will voice the NGOs’ concerns,” Imad added.

The need for clearer government regulations to protect NGOs from state interference was emphasised in the Comprehensive Study of the Maldivian Civil Society report, issued by the United Nations Development Programme (UNDP) in 2011.

The report highlighted the need to “introduce clear procedures specified for the state’s investigation of alleged or suspected cases of illicit or unconstitutional activity and for the de-registration of a civil society organisation (CSO)”.

It also discussed the need to develop clear standards for annual reports and timely (positive and negative) feedback to help improve the quality of reporting.

Key recommendations were to clarify “the powers, responsibilities and the limits of power of the Registrar of Associations [currently the State Minister for Home Affairs], and ensure the post is not politically appointed”.

“[Also] ensure that any allegations against CSOs of unconstitutional or illicit activities by any agency of the state require evidence and are not based on arbitrary state decisions.

“Moreover, the process should follow those of a fair hearing. The [Associations] Act should specify the protections for CSOs from exercise of arbitrary state power,” the report reads.

The Associations Act of 2003 is the current regulatory framework for associations in the Maldives. It states that either two years or repeated faults – including anti-Islamic actions or conducting political activities – are grounds for dissolution by the Registrar of Associations.

However, de-registration can only by conducted “after giving a period to settle debts and properties of the association”.

Civil society politicised

Mohamed also stated that some island council’s complained that actions – political work – by certain NGOs have caused chaos in society.

Imad explained that island-based NGOs are often politically labelled by the island councils who feel their power is threatened, because these organisations often focus on awareness and advocacy activities, as well as fill critical service gaps to meet community needs.

“NGOs play a different role in society, they promote democracy, human rights and good governance. Island councils feel that these NGOs are against them.

“Some island councils are not able to meet the expectations of the public, so NGOs are meeting these needs instead. This creates a conflict,” said Imad.

Imad emphasised that most of the NGOs facing dissolution are objective, island-based and not conducting political activities, however they are in need of capacity building.

Often island-based NGOs are run by all volunteer members who work full time, have extensive family obligations, and may engage in political activities separate from their community development work. However, the distinctions between public, private, and family life are frequently overlooked.

“It is true that some organisations do get involved in political activities and this is a current challenge for the sector to overcome. Additionally, there are inactive NGOs registered for various purposes,” stated Imad.

“However there are also quite active NGOs, but they are not good with internal management.

“The Home Ministry is only regulating and dealing with registration, they are not fulfilling a facilitation role to assist these organizations. The Home Ministry should be playing a facilitation role as well,” he added.

The UNDP study also recognised the challenges NGOs face at the island level.

“CSOs need to be made aware of their role not only as partners of local government but also of their watchdog functions in ensuring that the government is held accountable for the governance of their administrative areas,” reads the report.

Funding shortages

Mohamed said the government budgeted 10 million Maldivian rufiyaa (MVR) for dispersal “depending on the proposals it receives from NGOs to carry on its projects”.

“When we look to support NGOs with financial assistance, we don’t have the funds to give to 1843 NGOs. We face a lot of challenges following that,” Mohamed explained.

“The ministry needs criteria for disbursing funds, then I can discuss this issue,” Imad responded.

The UNDP study found that “ NGOs are not active mainly due to a lack of managerial and project implementation capacity, as well as a lack of legal framework and availability of funds”.

A larger number of NGOs are based in the atoll islands and tend to be “more responsive to a community’s broader and changing set of needs”.

Whereas, Male’ based NGOs are issue specific and have more readily available access to resources.

“The efforts of CSOs to raise their own funds through membership fees and other efforts should be commended,” reads the report.

The Ministry of Home Affairs was not responding to calls at time of press.

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MDP demands Supreme Court bench be replaced, inclusion of educated foreign judges

The Maldivian Democratic Party (MDP)’s National Council has passed a motion calling on its parliamentary group to seek to abolish the existing Supreme Court bench and replace it with a new panel of judges, including foreign judges.

The call was made following the Supreme Court’s controversial rulings on Thursday overturning decisions made by parliament.

The Supreme Court had overturned parliament’s removal of Civil Service Commission (CSC) Chair Mohamed Fahmy Hassan on sexual harassment charges, and a decision to conduct no-confidence votes through secret ballot.

During an emergency national council meeting held on Sunday evening, the proposal by MDP national council member Mohamed ‘Sanco’ Shareef received unanimous support from all attending members, including former President Mohamed Nasheed.

“The Supreme Court is acting in such a fashion that it has now begun overtaking the powers of the parliament and in the process undermining the constitution of this country. [Therefore] this motion calls on MDP’s parliamentary group to make formal requests to parliament to immediately abolish the current bench of Supreme Court and establish a new bench that consists of honest judges.

“Also as the Maldives Constitution does not bar the Supreme Court having foreign judges, [this motion also calls] to seek qualified and educated judges from abroad,” read the motion (Dhivehi).

During the debate on the motion, MDP’s Parliamentary Group and Parliament’s Majority Leader Ibrahim Mohamed Solih described the day of the verdicts as the darkest day of Maldives’ 80 year long parliamentary history.

Solih said the Supreme Court had significantly undermined the legislative power of the state by openly challenging parliament’s power to decide on its own affairs and the bills passed by the parliament.

The Hinnavaru Constituency MP assured the council that the party’s parliamentary group under his leadership would do everything at its hand to ensure the dissolution of the existing Supreme Court bench.

“Shocking verdicts”

Speaking during the debate, former President Mohamed Nasheed expressed his support for the motion claiming that it was time to change the Supreme Court bench, as it was delivering “shocking” verdicts.

Nasheed recalled several controversial decisions made by the Supreme Court, such as its decision that eight of former President Gayoom’s political appointees be paid MVR 500,000 (US$32,425) each in compensation after Nasheed replaced them.

The Supreme Court also ruled in favour of the legitimacy of Hulhumale Magistrate Court, created by the Judicial Services Commission (JSC), after the JSC’s head – Supreme Court Judge Adam Mohamed – made the casting vote.

“It is more important that we have justice established in this country rather than myself being elected as the President. To reform the judiciary and bring the justice system of this country into the right course is something I must do,” he said.

“We will come out to the streets, we will protest. I will not take a single step back until the bench is replaced with better judges,” Nasheed vowed.

Nasheed claimed that Supreme Court had attempted to silence lawyers, by forcing them to sign a declaration which requires them to not to comment on court rulings if they want to keep their licenses to practice law.

The former President also alleged the Supreme Court was employing deceitful tactics by tempering its own verdicts before these were being made available to public.

“We know how they issue the verdict and we know how different it is on the paper to that which is made available to the public. The two versions of the verdict differ significantly. This is something I am very concerned about,” he said.

Nasheed – who has written books on the country’s history – said that Maldives had followed a “tradition” in which “the people come out to sort the problems within the court when judges go out of line in sentencing”.

Spokespersons for the government-aligned Progressive Party of Maldives (PPM) and Dhivehi Rayyithunge Party (DRP) were not responding to calls at time of press.

Controversial rulings

On Thursday, the Supreme Court ruled 6-1 that Fahmy would receive two punishments for the same crime if he was convicted at court following his dismissal by parliament (double jeopardy). Following the judgment, Fahmy would be reinstated and compensated for lost wages since December 2012.

Delivering the judgment, Supreme Court Justice Abdulla Saeed said that a person should be considered innocent unless proven guilty in a court of law and was entitled to protect his reputation and dignity.

Fahmy was alleged to have to have said to a female CSC employee that “it is not appealing when unmarried girls like you get fat”, whilst touching her on the stomach.

In November last year, parliament voted 38 – 32 to remove the CSC chair after the Independent Institutions Committee investigated a complaint of sexual harassment lodged by a female employee of the CSC.

On Thursday in its ruling on the secret ballot, the majority of the judges contended that the move contravened article 85 of the constitution as well as parliamentary principles and norms of free and democratic societies.

Article 85 stipulates that meetings of the Parliament and its committees must be open to the public.

Dissenting opinion

Meanwhile, Justice Ahmed Muthasim Adnan – the only Supreme Court justice with a background in common law – issued dissenting opinions in both cases.

On the constitutionality of the secret ballot, Justice Adnan noted that article 101(f) of the constitution states that “the regulations governing the functioning of the People’s Majlis shall specify the principles and procedures concerning a resolution to remove the President or Vice President from office as provided in this Constitution.”

Unless a clause added to the regulation was explicitly in violation of the constitution, Justice Adnan said that he believed it “could not be challenged in any court in the Maldives.”

He further noted that while article 85 of the constitution requires parliamentary proceedings to be open to the public, 85(b) states that a majority of MPs present and voting could decide to exclude the public or press “if there is a compelling need to do so in the interest of public order or national security.”

Moreover, article 85(c) states, “Article (b) does not prevent the People’s Majlis from specifying additional reasons for excluding the public from all or any part of a committee meeting of the People’s Majlis.”

He added that the secret ballot would be taken at a sitting open to the public.

In the case submitted by Fahmy contesting his dismissal, Justice Adnan’s dissenting opinion noted that article 187(a) of the constitution authorised parliament to remove members of the CSC “on the ground of misconduct, incapacity or incompetence.”

Article 187(b) meanwhile states, “a finding to that effect by a committee of the People’s Majlis pursuant to article (a), and upon the approval of such finding by the People’s Majlis by a majority of those present and voting, calling for the member’s removal from office, such member shall be deemed removed from office.”

Justice Adnan argued that an inquiry by a parliamentary committee into alleged misconduct would not be a criminal investigation. Therefore, he added, the oversight committee would not be required to prove guilt to the extent required at trial before making a decision.

He further noted that parliament’s dismissal under the authority of article 187 and a possible conviction at a late date could not be considered meting out two punishments for the same offence.

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Student protest shuts down school over teacher shortage

Students prevented teachers from entering Rathafandhoo Island School in Gaafu Dhaalu Atoll on Monday, shutting the school for the day in protest over a three month teacher shortage.

Tenth grade students have been without an accounting teacher since January, despite the school sending a request to the Ministry of Education immediately after the position became available.

“Half the tenth grade students created problems by preventing teachers from entering the school. They were demanding an accounting teacher to be provided,” Rathafandhoo School In-Charge and teacher Thasneema Shakir told Minivan News.

“We have been without an accounting teacher since the second week in January. The [education] ministry was informed in January; the documents requesting a new teacher were sent,” said Thasneema.

“They said the request was being processed. I think it’s a big process they have to undertake,” she added.

Thasneema explained that policy guidelines dictate each subject has to have a specific teacher, and so while the school has been waiting for an accountancy teacher, the class has been taught by commerce and economics teachers.

“They are doing their best, but are not qualified and are facing difficulties. Students have been complaining they cannot teach accounting well,” she stated.

According to Thasneema, the Education Ministry informed the school today (March 18) that a replacement accounting teacher would be sent tomorrow.

Systemic education shortcomings

Teacher shortages, lack of qualifications and training are some of the systemic education system problems former Education Minister Shifa Mohamed and former Education Minister Dr Musthafa Luthfee previously discussed with Minivan News.

“Even for basic education we are still struggling with the teachers at the middle school and secondary level,” Shifa stated.

“There are not enough local [Maldivian] teachers. Close to 70 percent of teachers from middle school onwards are Indian expatriates. The ministry spends a huge amount of money on these foreign teachers,” she added.

Shifa explained how the lack of training opportunities for local teachers negatively affects how the curriculum is taught and that it prevents students from developing critical thinking skills.

“Critical thinking skills are lacking generally. Creative thinking is very minimum within classrooms, because there is a very rigid form of teaching going on.

“Teachers are not very familiar with curriculum. The main thing is that there is no proper assistance given for teachers and opportunities for teachers to develop themselves,” Shifa said.

She also explained how these shortcomings are compounded by poor management and lack of community involvement.

“School middle management has a lot of influence and what they’re doing within the schools is something that has to be changed. They exert very strong control over what teachers are really teaching students from the curriculum during ‘coordination’ meetings.

“Instead of really looking at things at a broader angle and trying to help the kids, they simply talk about what going to do on which date, etc. They don’t concentrate on literacy, creative writing, and the things that need to be really focused on.

“The teachers blindly follow what middle management and leading teachers say. I don’t blame them because they don’t have required amount of training on some of the islands,” Shifa said.

The lack of parent involvement in school boards and parent teacher associations compounds these issues. School board guidelines were issued under Nasheed’s government as a broad way for parents to be involved in all aspects of their children’s education, however this opened the schools up to public criticism, according to Shifa.

“In a democratic country people should be more engaged and one method is through community involvement in schools.

“While some principals did a great job working cooperatively, others really violated whole thing and didn’t even nominate people.

“Some principals are really scared of opening up schools, because for them its their own secure territory. They can easily manipulate the community,” Shifa stated.

Shifa stated the education system reforms undertaken during former President Mohamed Nasheed’s government, as well as by her predecessor Dr Musthafa Luthfee, would be taking effect now if President Waheed Hassan Manik’s government had continued them.

She explained that in 2008 – following former President Maumoon Abdul Gayoom’s 30-year autocratic rule – the government took responsibility for 323 schools.

“It was a good decision, but was a huge budgetary strain. The education system was decentralised, the province units were very effective, a huge amount of money was invested in infrastructure renovations to provide healthy water and toilets, and teachers were more closely observed.

“Unfortunately, Waheed’s government has doubled down and re-centralised,” Shifa claimed.

Luthfee echoed these sentiments in previous discussions with Minivan News.

“Maldives school education will continue to improve if the current administration goes along with the policy guidelines put in place by the Maldivian Democratic Party (MDP) government.

“When we were in the government we did several things to improve education. They included establishing single session schooling, providing service training for teachers, enhancing educational management, decentralization of education supporting private higher education and establishing Maldives National University (MNU),” said Luthfee.

Shifa further detailed how education problems were not discussed among the public, therefore they “don’t really grasp the huge implications this has on society”.

“For a long time during Gayoom’s 30 years everything was very quiet, because you cannot simply express yourself. When you don’t have the opportunity to express yourself, who cares to think about something you should not be thinking about.” Shifa said.

“Over the years political figures go to schools and promise certain resources. This has become both a means of getting something for the schools and a campaign tool. Prize giving day [for students] should not become a political thing.

“Under Gayoom and in the past governments have used this very well to manipulate and get the votes for each election,” she added.

Shifa emphasised that politicising education is an ongoing problem and the sweeping reforms put in place under the previous government would have addressed many of the systemic problems preventing students from receiving a quality education. However, she has not seen any of these programs continued.

Additional shortcomings

Shifa highlighted a number of other training and policy programs previously implemented to ensure that school quality standards were met, teacher training opportunities are provided as well as vocational and higher education opportunities existed for students.

The initiatives include a teacher licensing program through the College of Open Learning, the Excellent ‘Baraabaru’ Schools Program, and the Skills ‘Hunaru’ Training Program.

“These programs would have taken the budgetary strain off government and ensured local teachers are adequately trained to administer a diverse education,” stated Shifa.

“Under the Baraabaru Program, seven principles for evaluation must be met, so schools and teachers understand that their job is not only teaching, it is building good well-rounded, model people, of quality character.

“We gave 150 million for the Hunaru Program, which was the most huge amount of money we allocated for any program in the nation in many years. This talent program was totally for youth development, not infrastructure,” Shifa said.

She further explained the program would have provided higher educational and vocational training for youth in any sector, thereby minimizing the need for foreign workers, both skilled and semi-skilled.

Shifa emphasised she was “very concerned” with the assessment efforts made by teachers, primarily because their current focus is on exams.

“We need to change teachers’ perceptions to let them know assessments and exams are for the sake of learning, not a separate thing,” Shifa said.

She explained that the methodologies teachers are using – or lack thereof – are problematic because the curriculum is not being used as a tool for teachers to “change and teach”.

Shifa detailed how curriculum revisions – for preschool, primary and secondary school – were already occurring in 2008 and that one of Luthfee’s “highest priorities” was to continue this process. He commented on these issues as well.

“Current school curriculum is in two parts, namely local curriculum and up to grade 7 and Cambridge curriculum in secondary. Both curricula lacks the ability to provide critical thinking and civic skills,” said Luthfee.

“However we are hopeful that the local curriculum which is being developed would fill the gap unless undue influences are exerted by people with extremist views,” he added.

Shifa explained how some small schools will have only five or so children in a class, but still have to provide seven or eight teachers – one per subject – for the students to continue on to secondary school.

According to Shifa, one of the most important ways these problems can be solved is through multi-grade teaching, which would improve the quality of teaching on the islands and bring down expenses.

She discussed how Nasheed’s government was trying to introduce multi-grade teaching nationally “in a pattern whereby the public will accept it through smart school projects”. To this end, a pilot-program training center was being established on Kudafari island in Noonu atoll in June 2011.

“There was a lot of enthusiasm within the school to continue this. Therefore, we made the infrastructure for the school to go single session – and along with the help with the continuing center for education – and start off the multigrade teaching program,” Shifa said.

The lack of quality education and resources then puts students at a disadvantage to continue their education – A-level, higher education, and vocational training opportunities.

“So many students are getting good marks and completing grade 10 but are unable to take A- levels because the Maldives is lacking well-functioning centers. Except for Male’ and a few regional centers, options are few and far between,” stated Shifa.

Education Ministry

Education Minister Asim Ahmed spoke to Minivan News about some of these ongoing educational issues.

“The challenges of teacher training and development are addressed by this government in a very systematic way.

“Teacher shortages is not a systemic problem. This year there are more teachers in schools than during the past three years combined.

“The evidence of this is the record level O’Level pass rate this year. Students will not pass if there are no teachers.

Ahmed also highlighted that the government will conduct teacher development programmes, continue MNU training, and increase overseas training for teachers.

O’level results still withheld

Preliminary results for the 2012’s Cambridge O’Level examination have not been released due to “difficulties” in analysis, the Ministry of Education has said, despite claiming “one of the highest pass rates to date”.

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