Category: Politics

Maldives’ solar ambitions stall due to politics, financing, “restructuring”

Private companies and international actors are leading renewable energy implementation in the Maldives while the government “prepares” for various solar power projects.

Renewable Energy Maldives (REM) is working with approximately 25 islands, various resorts nationwide, and international actors to develop renewable energy systems and improve energy efficiency.

This private company connected solar photovoltaic (PV) panels generating 752 kilowatts (kW) to the power grid in 2012, Renewable Energy Maldives Managing Director Ibrahim Nasheed told Minivan News.

“Essentially, we are doing the [renewable energy development] work despite the government.

“President Waheed [Hassan Manik]’s government has not honored the Memorandums of Understanding signed under the previous government.

“Additionally, Fenaka – the re-centralised utilities company formed under Waheed’s government – has spent all of 2012 restructuring,” Nasheed stated.

“Since September 2011, REM and the Japanese Government are the only ones implementing renewable energy projects.

“The government has not implemented a single project this year,” Nasheed added.

Nasheed highlighted that despite the renewable energy, climate change mitigation and adaptation funds coming into the Maldives, securing financing has been very difficult.

“The major problem is the lack of funding. It is difficult to form good relationships with solar PV manufacturers so they will lower the costs because they need a bank guarantee,” he said.

To encourage Maldivian renewable energy businesses, Nasheed suggested banks provide financial backing, while money should be set aside from the climate change and renewable energy donor funds for these ‘guarantees’.

Nasheed further explained that the Scaling-up Renewable Energy Program (SREP) originally planned to be submitted to the World Bank in February 2012, but was not due to the political upheaval that resulted from former President Mohamed Nasheed’s controversial resignation February 7, 2012.

The World Bank’s Climate Investment Funds to support clean energy initiatives would have provided SREP financing. Now Waheed’s government is revising the proposal, renamed the Sustainable Renewable Energy Project (SREP) and will try to resubmit, according to Nasheed.

Abdul Matheen, the State Minister for Energy, told the publication oilprice.com in October 2012 that under the [new] SREP, the Maldivian government plans to begin a $138 million renewable energy project that will provide 26 mega watts of clean electricity within five years.

“[The government] is making preparations to commence the project during next month.

“Under the project, 10 islands would run solely on renewable energy. In addition, 30 percent of electricity in 30 islands will be converted to renewable energy,” Matheen told oilprice.com.

Meanwhile Nasheed emphasised there are currently “no regulations or standards” in the renewable energy sector.

“[Governmental] progress [developing renewable energy] has been slow, it’s not as fast as we thought or would like. REM is the ‘guinea pig’ since we are leading the renewable energy provider in the Maldives. It’s a lot of work, but we have the advantage of being very involved in the process,” Nasheed stated.

Collaborative solar programs

A handful of solar PV programs have taken root on islands throughout the Maldives over the past year.

Recently, Renewable Energy Maldives and the University of Milano-Bicocca launched a renewable energy pilot project on Magoodhoo Island in Faafu Atoll to reduce carbon dioxide emissions by connecting 30 kW of solar PV panels to the island electric grid.

“Through this project, we will in particular have the possibility of reducing fuel consumption, thereby reducing the impact on our economy. Harnessing solar energy means less pollution and less dependence on external energy,” said Naseer Abdulla, Island Councilor of Maghodoo.

The “benefits from the use of renewable energies” project is focused on developing solar panels, low consumption light bulbs, and conducting courses on environmental sustainability. This project aims to reduce dependence on fossil fuels, abate environmental degradation and ensure greater energy self-sufficiency, especially on the more remote islands.

“This project represents a challenge for us to show how the problems of global climate change can be addressed by combining all available forces, the local community and beyond,” stated Paolo Galli, Coordinator of the project and Director of Marine Research and High Education Center (MARHE), and researcher from the Department of Biotechnology and Biosciences of the University of Milano-Bicocca.

“Only with the combined effort of everyone, in fact, can you get a real improvement of the environment and, consequently, the quality of life,” Galli added.

Solar PV systems are profitable and sustainable for local communities as well as Male’, according to REM and the University of Milano-Bicocca.

Diesel delivery and generator maintenance is expensive and problematic, REM’s Managing Director Nasheed explained.

However, every 3 kWh of electricity produced by solar panels saves a liter of diesel. Furthermore, 1,000 illumination points equipped with low power consumption LED light bulbs will lead to an additional savings of about 20 kWh, the University of Milano-Bicocca highlighted.

“People in Male’ use 2 to 3 kW per household daily. When they use solar power generated energy from their own systems, the excess power produced gets sold back to the power grid.

“They become very energy aware since there is a interest to reduce consumption,” stated Nasheed.

REM also explained there are numerous benefits from renewable energy, particularly solar panels, but the government has not focused on marketing these incentives.

“Villingili Island normally has to ‘shed load’ to do diesel generator repair work, but with the solar installations they didn’t have to do that.

“There was no income loss and no power loss during this maintenance period in 2012, which promotes a reliable image for the State Electric Company (STELCO),” Nasheed stated.

REM installed solar panels on six islands in Kaafu Atoll, at their own expense. Under power purchase agreements the 652 KW of power generated from the PV systems was then sold to STELCO for US.25 cents, which is a “considerably lower rate than diesel,” Nasheed explained.

The Japanese government has been involved in a number of renewable energy projects in Male’ and the Atolls as well.

In 2011, the “Project for Clean Energy Promotion in Male’” was launched. This one billion Yen grant is to install a solar rooftop grid-connected PV system on public buildings in Male’, to be completed in 2013.

Additionally, a project conducted by the Japanese government and Global Sustainable Electricity Partnership (GSEP) aimed to install a 40kW solar PV grid-connected system on Dhiffushi Island in Kaafu Atoll.

Government solar projects

Since early 2012, the Maldivian government has overseen the initial stages of a few new renewable energy projects.

The Ministry of Environment in conjunction with the Ministry of Finance has issued a prequalification application for the “Solar Maldives Programme.” This project aims to “design, build, finance, own, operate and transfer grid-tied solar photovoltaic systems for integration with diesel generators on 15 islands” in the south, north, and upper north provinces.

“As part of the National Development strategy, the Government of the Republic of Maldives has been planning to transform the electricity sector though private sector investments in renewable energy development on a large scale under its Sustainable Private Investments in Renewable Energy (SPIRE) Project,” reads the application.

The government has also received bids to install a 300 kW grid connected solar PV system on Thinadhoo Island, the regional capital of Gaaf Dhaal (Huvadhoo) Atoll. This is part of the “Clean Energy for Climate Mitigation (CECM) Project” financed by the Climate Change Trust Fund (CCTF) – a collaboration between the Maldivian government, World Bank, European Union (EU) and the Australian Agency for International Development (AusAID).

“The system is expected to meet 30 percent of the peak day time demand of electricity and will offset approximately 300 tons of carbon dioxide annually,” states the Ministry of Environment.

The Ministry of Environment was unavailable for comment at the time of press.

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“No idea” why criminal court has taken so long to process museum vandalism case: PG’s Office

The Prosecutor General’s (PG) Office has revealed it has “no idea” as to why two individuals charged with vandalising the national museum last year have yet to be brought to justice.

The two men, accused of damaging archaeological evidence of Maldives’ pre-Islamic Civilisation in the national museum in Male’ on February 7, 2012, failed to attend their trial hearing at Criminal Court scheduled for today (February 25).

A media official from the PG’s Office told Minivan News that the two suspects had originally been charged between September and October last year, but were yet to face trial in court.

Asked as to why the Criminal Court had taken so long to process the case, the media official said “we have no idea”.

The official was then asked if the PG’s Office had made any attempt to question the court over the delayed trial, to which he responded: “No, we haven’t questioned the court, we have taken no action yet.”

Last month private broadcaster Raajje TV aired leaked security camera footage showing a group of men vandalising around 35 exhibits after they stormed the museum amid the political chaos of February 7 last year.

Police in May 2012 forwarded cases against four suspects to the PG’s office, however the case was initially returned to police for further clarification.

Speaking to Minivan News, Police Superintendent Abdulla Nawaz said the case was then sent to the PG’s Office on July 8, 2012.

Local media reported that two men – Mohamed Nishan of M. Haadhoo and Yousuf Rilwan of G. Adimagu – were due to attend a trial hearing at 10:00am this morning over charges relating to the case.

However, a Judiciary Media Unit official said the hearing was cancelled after the two defendants did not receive their summoning chit to the Criminal Court.

“The chit was sent by the court to the homes of the defendants, but they did not receive it. So now the court will have to send a new summoning chit for a new trial hearing,” the official added.

Minivan News contacted the Criminal Court Spokesperson who, when asked for information regarding the case, gave an unclear response. When Minivan News asked for clarification, the spokesperson hung up.

Minivan News then attempted to contact the spokesperson, but he was not responding to calls at time of press.

“99 percent of Maldives’ pre-Islamic history destroyed”

According to museum director Ali Waheed, the vandals destroyed “99 percent” of the evidence of the Maldives’ pre-Islamic history prior to the 12th century, including a 1.5-foot-wide representation of the Buddha’s head – one of the most historically significant pieces at the museum.

An official at the museum told Minivan News following the incident that the group “deliberately targeted the Buddhist relics and ruins of monasteries exhibited in the pre-Islamic collection, destroying most items beyond repair.”

“This is not like a glass we use at home that can be replaced by buying a new one from a shop. These are originals from our ancestors’ time. These cannot be replaced ever again,” the official said.

In September 2012, the United States government donated US$ 20,000 (MVR 308,400) to help restore and repair the damaged artifacts, as part of an effort to preserve Maldivian cultural heritage.

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Former MNDF Male’ Area Commander Brigadier General Didi contests charges of illegally arresting judge

Former Maldives National Defence Force (MNDF) Male’ Area Commander, retired Brigadier General Ibrahim Didi, has denied the charge of arresting Chief Judge of Criminal Court Abdulla Mohamed, levied against him by the state.

Ibrahim Didi is charged for the controversial military detention of Chief Judge of Criminal Court Abdulla Mohamed in January 2012. Along with Didi, former President Mohamed Nasheed, his Defense Minister Tholhath Ibrahim Kaleyfaanu, former Chief of Defense Force retired Major General Moosa Ali Jaleel and Colonel Mohamed Ziyad are all facing the same charges.

During the hearing held at Hulhumale’ Magistrate Court on Sunday (February 24), Didi told the judge that he had not arrested the judge, and contended that he should not be facing charges as an individual for an act that was carried out by the then Defence Ministry.

He further claimed that the arrest was made by the Defence Minister under the direct orders of the president, and that he had no role to play in it.

The former Brigadier General claimed that the charges levied against him by the state were unfair and raised question over the credibility of the witnesses presented by the state against him.

He also stated that he was protecting the legitimate government in power up until February 7, and that the state presenting those officers who did not like him as witnesses could jeopardise the fairness of the trial.

Presenting her case in the court, State Attorney Aishath Fazna argued that following orders at the time from the Commander in Chief, President Mohamed Nasheed, the operation carried out by the MNDF in which Didi had been the commander, “arbitrarily arrested and detained an innocent man”.

As such, retired Brigadier General Ibrahim Didi was charged for the offence of arbitrarily detaining an innocent individual as stipulated in article 81 of the Penal Code, Fazna argued.

Article 81 of the Maldives Penal Code states: “It shall be an offense for any public servant by reason of the authority of office he is in to detain to arrest or detain in a manner contrary to Law innocent persons. Persons guilty of this offense shall be subjected to exile or imprisonment for a period not exceeding 3 years or a fine not exceeding MVR 2,000.00.”

Following the reading of the charges, Didi’s lawyer Ismail Wisham – who had in previous case contended the legitimacy of the magistrate court – raised two procedural points.

In the first point, Wisham questioned whether article 81 of the penal code could be used to press the charges citing that it had not been put to use.

In the second point, he raised question as to whether the state had proven to the court the innocence of Judge Abdulla Mohamed, to which article 81 of the penal code referred to.

In response, the state attorney contended that a similar charge was pressed by the state against a person and that the state had successfully prosecuted the accused at the time. She further said that the details of this case would be presented during the next hearing.

The state attorney in response to the second procedural point argued that the constitution clearly denotes that every person is innocent until proven guilty; therefore it should be no different for Judge Abdulla Mohamed.

The sitting judges dismissed the procedural points taken by the defendants stating that the points did not object to the continuance of the trial, but said the court would consider it while issuing the verdict.

The state attorney also presented a list of witnesses and evidences to support its case. The witnesses included current Chief of Defense Force Major General Ibrahim Shiyam and several other senior members of the military.

Evidence presented includes video footage of the arrest and several other documents.

Concluding, the judge stated that the next hearing would be held on March 20 in which the courts would be hearing the witnesses presented to the court.

Didi’s trial was also heard by all three judges of Hulhumale’ Magistrate Court appointed to look into the case. The panel consists of Judge Shujaau Usmaan, Judge Hussain Mazeed and Judge Abdul Nasir Abdul Raheem.

Earlier, former Defense Minister Tholhath Ibrahim Kaleyfaanu also denied the charge of arbitrary detention of Chief Judge of Criminal Court Abdullah Mohamed, during the first hearing of his criminal trial held in the controversial Hulhumale Magistrate Court.

Detention of the judge

Judge Abdulla Mohamed was taken into military custody after the former Home Minister Hassan Afeef wrote to Defense Minister Tholhath asking him arrest the judge as he posed a threat to both the national security of the country and a threat to the country’s criminal justice system.

Minister Afeef at the time of the judge’s arrest accused him of “taking the entire criminal justice system in his fist”, listing 14 cases of obstruction of police duty, including withholding warrants for up to four days, ordering police to conduct unlawful investigations and disregarding decisions by higher courts.

Afeef accused the judge of “deliberately” holding up cases involving opposition figures, and barring media from corruption trials, ordering the release of suspects detained for serious crimes “without a single hearing”, maintaining “suspicious ties” with family members of convicts sentenced for dangerous crimes, and releasing a murder suspect “in the name of holding ministers accountable”, who went on to kill another victim.

Afeef also alleged that the judge actively undermined cases against drug trafficking suspects and had allowed them opportunity to “fabricate false evidence after hearings had concluded”.

Judge Abdulla “hijacked the whole court” by deciding that he alone could issue search warrants, Afeef alleged, and had arbitrarily suspended court officers. He also accused the judge of “twisting and interpreting laws so they could not be enforced against certain politicians” and “accepting bribes to release convicts.”

The Judicial Services Commission (JSC) itself had investigated Abdulla Mohamed but stopped short of releasing a report into his ethical misconduct, after the Civil Court awarded the judge an injunction against his further investigation by the judicial watchdog.

JSC whistleblower Aishath Velezinee has also contended that the JSC’s blanket reappointment of all interim judges and magistrates in 2010 violated article 285 of the constitution guaranteeing an ethical and qualified judiciary, and that as such, the case “is based on a false premise, the assumption that Abdulla Mohamed is a constitutionally appointed judge, which is a political creation and ignores all evidence refuting this.”

Prosecution

An investigation led by Human Rights Commission of Maldives (HRCM) found the former President as the “highest authority liable” for the military-led detention of the Judge. The HRCM also identified Tholhath Ibrahim as a “second key figure” involved in the matter. Others included Brigadier General Ibrahim Didi and Chief of Defense Force Moosa Ali Jaleel.

In July 2012, Prosecutor General Ahmed Muizz pressed charges against the parties who had been identified in the HRCM investigation as responsible for the arrest.

Following the charges, former President Nasheed’s legal team challenged the legitimacy of the Hulhumale’ Magistrate Court in High Court, but the Supreme Court intervened and dismissed the claims by declaring the magistrate court was legitimate and could operate as a court of law.

Contentious court

The Hulhumale’ Magistrate Court, which is also trying former President Nasheed for his detention of the Chief Criminal Court Judge during his final days in office, was created by the Judicial Services Commission (JSC).

The JSC, which includes several of Nasheed’s direct political opponents including rival presidential candidate Gasim Ibrahim, also appointed the three-member panel of judges overhearing the trial.

Parliament’s Independent Institutions Oversight Committee has previously declared that the JSC’s creation of the Hulhumale’ Magistrate Court was unconstitutional.

However, the Supreme Court declared parliament overruled, issuing a statement that “no institution should meddle with the business of the courts”, and claiming that as it held authority over “constitutional and legal affairs” it would “not allow such interference to take place.”

“The judiciary established under the constitution is an independent and impartial institution and that all public institutions shall protect and uphold this independence and impartiality and therefore no institution shall interfere or influence the functioning of the courts,” the Supreme Court stated.

A subsequent request by the JSC that the Supreme Court bench rule on the court’s legitimacy resulted in a four to three vote in favour. The casting vote was made by Supreme Court Judge Adam Mohamed, also president of the JSC.

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Maldives ranked world’s 22nd “most miserable place” by Business Insider

The Maldives has been ranked 22nd among the “most miserable places in the world” by the financial publication Business Insider, on the basis of the country’s unemployment rates and Consumer Price Index (CPI) inflation.

Using a “crude economic measure” called the ‘misery index’, the Maldives came 22nd out of 197 nations reviewed, placing between Iran and the Gaza Strip.

The position was calculated based on on figures provided in the 2013 CIA World Factbook, the latest figures of which were published earlier this month.

Without a chance to have seen the report or verify its conclusions, the Maldives Chamber of Commerce and Industry (MNCCI) dismissed the use of unemployment figures as an indication of development or misery in the Maldives.

A representative for the chamber of commerce maintained that a need for educational reform and long-term problems in addressing concerns over the nation’s work ethic were much more pressing issues dictating overall happiness in the Maldives.

According to the misery index presented by Business Insider, the Maldives was found to have a CPI inflation of 12.8 percent and an unemployment rate of 28 percent. The country was given a misery score of 40.8 based on the combined inflation and unemployment rates.

“It’s a lovely place to vacation, and a good thing, too — tourism accounts for 30 percent of Maldives’ GDP and more than 60 percent of foreign exchange receipts,” reported Business Insider. “However, recent drops in tourism and heavy government spending have taken a toll on the local economy, causing high inflation and an unemployment rate that’s nearly doubled since 2010.”

Zimbabwe was identified as the most miserable place to live, based on a score of 103.3, the publication reported.

“Work ethic”

While unaware of the report or the legitimacy of its conclusions, MNCCI Vice President Ismail Asif  said that unemployment was a far less significant issue impacting the lives of Maldivians.  From the perspective of the country’s business community, Asif said concerns about entrepreneurship and national attitudes were seen as greater challenges to development.

“There are jobs here, but is the work ethic in the Maldives that is the problem. There are certain types of jobs that Maldivians don’t want to do,” he said.

“The construction industry is one such example. Maldivians don’t really want to work in the industry even if the pay is good. I don’t mean labourer positions either, but working as a foreman or site manager.”

Asif said a greater focus was needed in schools to address concerns held by the business community about the nation’s work ethic, which he said reflected a wider lack of practical skills and understanding. The MNCCI vice president pointed to the prevalence of computer literate young people in the Maldives, and at the same time noted that only a small proportion of this group had been taught to swim, despite living in a country comprised of 99 percent ocean.

“Something is very wrong with education here. We need to give young people a more clear idea of work ethics and what is expected of them, and the type of jobs that are out there,” he said.

Broadened horizons

Asif accused the education system of focusing on rigid employment opportunities such as the tourism industry, that had hampered entrepreneurship in the country, particularly on islands in the country’s outer atolls where he said a greater emphasis lay on starting small and medium businesses.

Asid said a failure by authorities to broaden the vision of the next generation of students could create long-term problems for national development.

Asif was also critical of the role aid agencies presently played in the country, accusing groups such as the UN – which continue to provide aid and a number of development projects to island communities – of creating a culture of dependency among the general populace.

“Agencies like the UN formerly were used to employ family members of senior [government] people like [former autocratic ruler president Maumoon Abdul] Gayoom’s daughters. Since democracy was introduced they have talked about human rights but failed to bridge the gap between the resort industry and the private sector,” he said.

Asif alleged that rather than working with private sector to develop more local industry, aid agencies had served to encourage a form “professional begging” within island communities by encouraging them to apply for funding for projects that were often short-term in scope.

“We have begun to lose our sense of enterprise that helped us survive as a country for so long,” he added.

Asif claimed that a nature of “spoon feeding” that was instigated some 40 to 50 years previously had also gone unchallenged, leading to what he claimed was a lack of leadership skills in the local workforce and the wider population at large.

“This is why we only have [former President’s] Gayoom and Nasheed in the country,” he added.

Minivan News was awaiting a response from State Minister for Finance Abbas Adil Riza at the time of press. Finance Minister Abdulla Jihad and Economic Development Minister Ahmed Mohamed were not responding to calls from Minivan News.

The misery index used by Business Insider was devised by economist Arthur Orkum and revolves around the principle that the majority of a population will understand the pain on society of high unemployment and soaring prices for consumer goods.

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Housing Ministry asks Male City Council to hand over MDP protest site in seven days, despite High Court order

The Housing Ministry has asked the Male’ City Council to evacuate and hand over the opposition Maldivian Democratic Party (MDP)’s protest site at Usfasgandu in Male within seven days.

The repeated demand comes a day after the High Court overturned a Civil Court order backing the government’s previous order that the land be handed over.

Speaking at a press conference held today, Housing Minister Dr Mohamed Muiz said the council was not using the Usfasgandu site according to the government’s land use plan.

Muiz said the council has been sent a notice asking them to evacuate the land plot and if not the ministry will, in accordance to the law, evacuate the land plot and will not be responsible for any loss of property in the area.

Muiz also said that the government will not hesitate to take actions against any one in order to protect the interest of the citizens.

‘’Because of the way the Male’ City Council is using the land, it is not benefitting the people,’’ he said. ‘’So a notice have been sent in reference to the High Court order and Attorney General’s advice.’’

Muiz also said the ministry had received reports that Male’ City Council was ordering businessmen running food outlets and other businesses in the ‘Alimas Carnival’ area to vacate the area. He said the businessmen did not have to listen to what the council said because the Alimas Carnival area was no longer under the jurisdiction of the council.

‘’They can run their businesses unless the government ask them to leave the area,’’ he added.

Land dispute

The area was cordoned off by police late last month after the High Court issued a warrant requesting the area be kept under police custody until it reached a verdict on the case.

Male’ City Council leased the Usfasgandu area to the ousted ruling party in March 2012, prompting repeated attempts by the government to reclaim the area on the grounds it was being used for criminal activity, including the practice of black magic.

The MDP had moved to the area after a previous protest camp at the tsunami monument was dismantled and completely repainted by police and military on March 19, 2012.

On May 29, police raided the Usfasgandu site after obtaining a search warrant from the Criminal Court, ordering the MDP to vacate the area. The Maldives National Defence Force (MNDF) then began dismantling the protest camp.

The Housing Ministry filed a case with the Civil Court after MCC refused to hand the land plot to the ministry.

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Judicial Services Commission subject to “external influence”: UN Special Rapporteur

The United Nations Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul, has raised concerns over the politicisation of the Judicial Services Commission (JSC).

As part of a wider review of the Maldives justice system, Knaul claimed that the JSC – mandated with the appointment, transfer and removal of judges – was unable to perform its constitutional duty adequately in its current form.

Her comment was among a number of preliminary observations on the Maldives’ judiciary and wider legal ecosystem, following an eight day fact-finding mission concluded today.

Knaul is an independent expert appointed to deliver recommendations on potential areas of reform to the Maldives’ legal system, at the 23rd session of the UN Human Rights Council in May, 2013.

As well as recommendations to address what she said were minimal levels of public “trust” in the nation’s judicial system, Knaul also addressed matters such as the trial of former President Mohamed Nasheed.

Nasheed is currently facing trial for his detention of Chief Judge of Criminal Court last year, charges he claims are politically motivated to prevent him from contesting presidential elections later this year.

Knaul maintained that the former president, like every other Maldivian citizen, should be guaranteed a free and independent trial.

The three branches of the state should be equal in their importance, with no branch exercising power over any other, Knaul said.

A “power struggle” ensuing from a “lack of understanding in the delimitation of the respective competences” of the executive, legislative and judicial branches of the state had “serious implications on the effective realisation of the rule of law in the Maldives.”

Politics in the JSC

Knaul’s key concerns included the politicisation of the JSC.

The JSC created the Hulhumale Magistrate Court in which former President Mohamed Nasheed is currently being tried, and appointed the three-member panel of judges overseeing the case. JSC head Adam Mohamed – also a Supreme Court judge – cast the deciding vote in a Supreme Court ruling on the court’s legitimacy.

“I have heard from numerous sources that the current composition of the JSC is inadequate and politicised. Because of this politicisation, the Commission has been subjected to all sorts of external influence and consequently has been unable to function properly,” Knaul stated.

Knaul said she believed it best for such a body to be composed of retired or sitting judges. She added that it may be advisable for some representation of the legal profession or academics to be included.

However, she maintained that no political representation at all should be allowed in a commission such as the JSC.

“I believe that an appointment body acting independently from both the executive and legislative branches of government should be established with the view to countering any politicization in the appointment of judges and their potential improper allegiance to interests other than those of fair and impartial justice,” Knaul added.

The JSC is currently comprised of Supreme Court Judge Adam Mohamed, Speaker of Parliament Abdulla Shahid, High Court Judge Abdulla Hameed, Lower Court Judge Abdulla Didi and MP and government-aligned Jumhooree Party (JP) Leader and presidential candidate Gasim Ibrahim.

Also on the commission is the member appointed from the public, Sheikh Shuaib Abdul Rahman, President’s Appointee Mohamed Saleem, lawyer Ahmed Rasheed and Attorney General Aishath Azima Shukoor.

Judicial independence

Knaul stated that upon conclusion of her mission meetings, she had found that the concept of independence of the judiciary has been “misconstrued and misinterpreted” by all actors, including the judiciary itself, in the Maldives.

“The requirement of independence and impartiality does not aim at benefiting the judges themselves, but rather the court users, as part of their inalienable right to a fair trial,” Knaul stated, while emphasising the important role of integrity and accountability in judicial independence, and hence its role in the implementation of the rule of law.

Stating that it is vital to establish mechanisms of accountability for judges, prosecutors and court staff, Knaul said: “Such mechanisms must guarantee that the investigation of any actor in the judicial system safeguards the person’s right to a fair hearing. Investigations should be based on objective criteria, the process should respect the basic principles of a fair trial and an independent review of all decisions should be available.”

Transparency and accountability

“When selection criteria [of judges] used by such a body [as the JSC] are objective, clear, based on merit, transparent and well publicised, public understanding of the process and the basis for the appointment of judges increases, and the perception of unfair selection of appointments can be avoided,” Knaul said.

Knaul also spoke of the lack of transparency in the assignment of cases, the constitution of benches in all courts, including the Supreme Court.

“When cases are assigned in a subjective manner, the system becomes much more vulnerable to manipulation, corruption, and external pressure. Information on the assignment of cases should be clearly available to the public in order to counter suspicions of malpractice and corruption,” she observed.

Knaul stated that while transparency is public administration is an obligatory requirement in a democracy, transparency remains a challenge for the Maldivian judiciary.

Furthermore, Knaul highlighted the absence of some fundamental legislation – including the Penal Code, Criminal Procedure Code and the Evidence Act – in the Maldives, adding that this posed huge challenges to upholding the rule of law.

Empowerment of the law community

Knaul spoke of the importance of establishing an independent self-regulating bar association, and of ensuring lawyers remain free from external pressures and influence.

The special rapporteur commented on the practice in the Maldives of the attorney general having the powers of issuing legal practice licenses and of taking disciplinary action against practicing lawyers, terming it “contrary to the basic principles of the independence of lawyers,” and adding that such powers should not rest with the executive branch of the state.

“I further deem that the enforcement of compulsory registration of lawyers to appear before the courts by the courts themselves is unacceptable,” Knaul continued.

“The regulation of disciplinary action against lawyers fall outside the prerogative of the judiciary and contradicts the principle of independence of the legal profession.”

The rapporteur also commented on recent cases of lawyers being charged with ‘contempt of court’ for voicing criticisms, terming this “threats to muzzle the freedom of expression of lawyers.”

“Lawyers, like other citizens, are entitled to freedom of expression, and in particular they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the protection and promotion of human rights, without suffering professional restrictions.”

Other issues that Knaul highlighted included the relatively low number of sitting female judges, the lack of education and training possibilities for persons in the judicial sector, and the lack of trust the general public has in the country’s judiciary.

“I was struck to hear how little trust the public has in the justice system in the Maldives. Justice must not merely be done but must also be seen to be done, and judges must not only be actually impartial they have to appear impartial to the public. The mind-sets of the public and the authorities, including judicial authorities, have not evolved as quickly as the changes were made to the Constitution and the laws of the Maldives. This created a disconnection between the promises of the 2008 Constitution and people’s expectations, and the reality of how justice is delivered and the separation of powers implemented,” she stated.

Knaul is an independent expert who is appointed by the UN Human Rights Council (UNHRC) whose position is pro bono. She reports to, and advises, the UNHRC and the UN General Assembly.

Knaul’s statement in full:

“Members of the press, ladies and gentlemen,

I am very happy to be here with you today and share my preliminary observations at the end of my 8-day official mission to the Republic of Maldives.

I should underline from the outset that today I will confine myself to a few remarks. These issues, along with others, will be explored in a more detailed manner in the written report that I will prepare and in which I will also formulate recommendations. I will present this report at the 23rd session of the United Nations Human Rights Council at the end of May in Geneva.

I wish to stress that I am an independent expert who reports to, and advises, the UN Human Rights Council and the UN General Assembly. Although appointed by the Human Rights Council, I am not employed by the United Nations and the position I hold is pro bono. As an independent expert, I exercise my professional assessment and expertise and report directly to the Member States of the United Nations.

Let me begin by warmly thanking the Government of the Maldives for inviting me to conduct this official mission and for facilitating a rich and interesting programme of meetings and visits in Malé and Addu city while respecting the independence of my mandate. I also wish to note that the previous administration and President had also extended an invitation for me to conduct an official visit in 2012, which could not be realized for a combination of factors, including my own availability.

The purpose of this mission was to understand, in the spirit of co-operation and constructive dialogue, the situation regarding different aspects related to my mandate, and in particular how the Maldives endeavours to ensure the independence of the judiciary, prosecutors and lawyers, their protection, as well as their accountability, and the obstacles encountered which may impede actors of the judicial system to discharge their functions effectively, adequately and appropriately and deliver justice.

During my visit, I had the privilege to meet the President, His Excellency Dr Mohamed Waheed, the Minister of Foreign Affairs, His Excellency Dr Abdul Samad Abdullah, as well as other Government officials, including the attorney general. I also held meetings with the chief justice, the Supreme Court, a number of judges from superior and magistrates’ courts, the prosecutor general, members of the legal profession, members of the People’s Majlis, as well as representatives from various political parties, non-governmental organizations and United Nations agencies. I would like to take this opportunity to thank all those who have dedicated some of their time to present their informed opinions and perspectives to me.

I would like to commend the Maldives’ efforts in establishing a democracy based on the rule of law and the principle of separation of powers. The principle of separation of powers, which is enshrined in the Constitution of 2008, is the bedrock upon which the requirements of judicial independence and impartiality are founded and represents an essential requirement of the proper administration of justice. Understanding of, and respect for, this principle is a sine qua non for a democratic State.

I have heard of positive changes carried out in the last years, which have improved the independence of the judiciary. Transitions, however, always come with challenges, and very often more challenges are encountered along the way. There is always room for improvement. In the Maldives, many challenges to the independence of judges, prosecutors, court officials and lawyers remain, and these directly affect the delivery of justice. Those challenges should be assessed and addressed as a matter of urgency within the parameters laid down by the Constitution and international human rights standards. In the longer-term, the Maldivian people should consider reforms to the Constitution, with the view to improving the tools and measures at the disposal of the State to ensure the independence of the judiciary and the delivery of fair and impartial justice.

Measures to address challenges will only be effective and bring consolidated changes if de-politicized dialogue is prioritized in the Maldives. Measures will have to be inclusive of different views and opinions and be generated through broad consensus. Otherwise, implementation will not be possible. Both short-term and long-term measures have to be combined in order to consolidate the democratic transition and strengthen all the institutions of the State. The Maldives have to continue in its efforts to move forward.

All branches of the State are equally important and none should be above the other. All institutions have a role to play and responsibilities regarding the consolidation of democracy. I am under the impression that the Parliament, the Government and the judiciary, created in the Constitution of 2008, have been testing the limits of their competences, sometimes encroaching on principles established in the Constitution. The lack of understanding in the delimitation of the respective competences and the ensuing power struggle that I have witnessed during my mission have serious implications on the effective realization of the rule of law in the Maldives.

Positive as well as negative recent developments should be recognized and everyone should take its responsibilities and avoid blaming the other branch, the other institution or the other political party for the difficulties faced by the Maldives. Dialogue, respect for the Constitution, transparency and access to information, and accountability are key to a better and more coherent functioning of the institutions of the State, which will serve the people of the Maldives.

I further believe that the concept of independence of the judiciary has been misconstrued and misinterpreted in the Maldives, including among judicial actors. The requirement of independence and impartiality does not aim at benefitting the judges themselves, but rather the court users, as part of their inalienable right to a fair trial. Integrity and accountability are therefore essential elements of judicial independence and are intrinsically linked to the implementation of the rule of law.

In this context the establishment of mechanisms of accountability for judges, prosecutors and court staff is imperative. Such mechanisms must guarantee that the investigation of any actor in the judicial system safeguards the person’s right to a fair hearing. Investigations should be based on objective criteria, the process should respect the basic principles of a fair trial and an independent review of all decisions should be available.

Serious concerns were expressed to me regarding the system of appointment of judges. I believe that an appointment body acting independently from both the executive and legislative branches of Government should be established with the view to countering any politicization in the appointment of judges and their potential improper allegiance to interests other than those of fair and impartial justice. When selection criteria used by such a body are objective, clear, based on merit, transparent and well-publicized, public understanding of the process and the basis for the appointment of judges increases, and the perception of unfair selection or appointments can be avoided.

I have heard from numerous sources that the current composition of the Judicial Services Commission, the body in charge of the appointment, transfer, and removal of judges, is inadequate and politicized. Because of this politicization the Commission has been subjected to all sorts of external influence and consequently has been unable to function properly. While I believe that usually such a body should preferably be composed entirely of judges, retired or sitting, some representation of the legal profession or academics could be advisable. No political representation should be permitted.

I have heard concerns about the apparent lack of transparency in the assignment of cases, as well as in the constitution of benches, within all courts, including the Supreme Court. When cases are assigned in a subjective manner, the system becomes much more vulnerable to manipulation, corruption and external pressure. Information on the assignment of cases should be clearly available to the public in order to counter suspicions of malpractice and corruption.

I further believe that transparency in public administration is not an option, but a statutory and obligatory requirement that is fundamental to a democracy. Yet, transparency remains a challenge for the judiciary in the Maldives, like in many other parts of the world.

One major challenge for the fair, impartial and consistent delivery of justice is the lack of some basic pieces of legislation, such as the Penal Code, the Criminal Procedure Code, the Civil Procedure Code, or the Evidence Act. As a result, judges have had to rely on laws and acts that were passed before the Constitution of 2008 and may contradict it, as well as on principles of Islamic Shari’ah, which is not codified and may be subject to different interpretations. This lack of legislation creates ambiguity and represents a real challenge for enforcing the rule of law and respecting the principle of legality.

I believe that a uniform legal system respecting the principles enshrined in the Constitution is necessary to create consistency in the administration of justice, avoiding difficulties for litigators to seek justice and judges to render decisions that are impartial and fair. When essential legislation is lacking it is also almost impossible to monitor the quality and consistency of justice delivery. Passing laws is imperative to implement the Constitution and the People’s Majlis should bear in mind how their actions or inaction affects the establishment of the rule of law. The Government too should show strong leadership to move the development and adoption of essential legislation forward and ensure that their contents are in line with the promotion and protection of human rights.

Coming to the legal profession, I would like to note that while lawyers are not expected to be impartial in the same way as judges, they must be as free from external pressures and interferences as judges are. When guarantees are not in place to enable lawyers to discharge their duties in an independent manner, the door is open to all sorts of pressure and interference, whether from public or private actors, including judges, who seek to have an impact on or control judicial proceedings.

I have serious concerns about the absence of an independent self-regulating Bar association or council that oversees the process of admitting candidates to the legal profession, provides for a uniform code of ethics and conduct, and enforces disciplinary measures, including disbarment. Such an organization would not only provide an umbrella of protection for its members against undue interference in their legal work, but also monitor and report on their members’ conduct and apply disciplinary measures in a fair and consistent manner.

It is contrary to the basic principles of the independence of lawyers that licences to practice law, as well as disciplinary measures, lay in the hands of the executive, in the case of the Maldives, the Attorney General. I further deem that the enforcement of compulsory registration of lawyers to appear before the courts by the courts themselves is unacceptable. Further, the regulation of disciplinary measures against lawyers falls outside of the prerogative of the judiciary and contradicts the principle of independence of the legal profession. I am also concerned about reports regarding threats of contempt of court used to muzzle the freedom of expression of lawyers. Lawyers like other citizens are entitled to freedom of expression, and in particular they shall have the right to take part in public discussion of matter concerning the law, the administration of justice and the protection and promotion of human rights, without suffering professional restrictions.

I always pay particular attention to the integration of a gender perspective and women’s rights in the justice system, and I have done so during my mission in the Maldives. I am concerned that there are currently no women sitting on the Supreme Court and only eight women sitting in the High Court, the Superior Courts and the Magistrate Courts. It seems to me that these women reached their positions through sheer determination and dedication since there is no policy or strategy to increase women’s representation on the bench.

In addition, all members of the justice system should be sensitized to gender equality and women’s rights to make access to justice a reality for women in the Maldives. Similarly, access to justice for other members of society who are particularly vulnerable to discrimination, such as children, migrant workers, or persons with disabilities, should be enhanced, and the judiciary should take into account the specific challenges and obstacles they face.

I was struck to hear how little trust the public has in the justice system in the Maldives. Justice must not merely be done but must also be seen to be done and judges must not only be actually impartial they have to appear impartial to the public. The mind-sets of the public and the authorities, including judicial authorities, have not evolved as quickly as the changes were made to the Constitution and the laws of the Maldives. This created a disconnection between the promises of the 2008 Constitution and people’s expectations, and the reality of how justice is delivered and the separation of powers implemented.

Finally, I am seriously concerned about the lack or inadequacy of education and training possibilities for all actors of the justice system in the Maldives, especially lack of training on international principles, the nature of judicial independence, responsibility and integrity, international human rights law, the Constitution and new legislation passed. Professional trainings also seem to be lacking. Judges, prosecutors and lawyers should have access to a wide-range of legal literature in the official language, Dhivehi, and quality continuing education, including specialized training on gender equality and women’s rights, international human rights law, and the human rights mechanism. Such trainings must be accessible to all judicial actors, regardless of the level at which they operate.

In addition, all actors in the justice system, in particular judges, prosecutors and lawyers must be properly educated and trained with regard to their respective codes of ethics and standards of conduct. Available, accessible, appropriate and quality education and training can over the longer-term significantly change attitudes that would otherwise be susceptible to corrupt conduct, unfair trial and the improper application of the law, and pave the way for strengthening both the integrity of the justice system and its independence.

Let me conclude by calling upon the international community, including foreign partners, United Nations agencies and other international and non-governmental organizations, to strengthen their engagement in the Maldives and continue contributing to the consolidation of the justice sector and the independence of the judiciary and the legal profession with concrete and sustainable programmes, whose implementation can be monitored and assessed.

Thank you for your attention.”

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Government denies deal over Nasheed’s exit from Indian High Commission

The Maldives government has denied it conceded to a deal with the Indian government which resulted in former President Mohamed Nasheed leaving the Indian High Commission on Saturday afternoon, after 11 days in protected diplomatic territory.

A statement released by the Ministry of Foreign Affairs today (February 24), stressed that Nasheed’s exit was not negotiated with the Indian government, adding that it cannot and will not negotiate regarding the charges put against the former president.

“Mr Nasheed went into the High Commission on 13 February 2013 seeking India’s ‘assistance’, and his continued stay and his decision to leave the High Commission was an issue between himself and the Indian High Commission,” the statement reads.

“The government of Maldives’ only involvement in the issue was in the implementation of the court order on the police to produce Nasheed to the court. The said court order expired on Wednesday, 20 February 2013.”

“The government of Maldives also wishes to reiterate its clear and firm position that it cannot, and will not, negotiate the charges laid against Mr Nasheed for unlawfully arresting a judge during his presidential tenure, in January 2012,” the statement continues.

The statement notes that upholding the rule of law and respecting the independence of the three arms of government were a “fundamental pillar” of President Mohamed Waheed administration.

“The charges are laid by the prosecutor general which is an independent institution under the constitution of Maldives. The government has made this position clear to all of its external friends, including India.”

Last night however, UK-based newspaper Daily Mail reported that Nasheed left the high commission following a “deal brokered by New Delhi with the Maldives government”.

The paper claimed that while New Delhi had been accused of shielding a “fugitive” by senior officials in the Maldives, it sent a high-level team to “sort out” the diplomatic crisis.

“Nasheed was assured that that he would be allowed the political and social space that he wants till the elections, but he was made to accept that he would follow the legal process,” a source was quoted as telling the Daily Mail.

The article stated the high-level team sent from India met with various Maldivian officials, including the defence minister and attorney general, to negotiate Nasheed’s “exit conditions”.

According to the Daily Mail, Nasheed was told that his political career would be destroyed “forever” should he stay inside the Indian High Commission, and that his opponents would use it against him in the run up to the September elections.

The Maldivian government was meanwhile told its “rigidity” would impact the country economically and prompt the international community to consider sanctions over possible human rights violations, the source told the publication.

Nasheed’s trial

Nasheed sought refuge inside the Indian High Commission after the Hulhumale’ Magistrate Court issued an arrest warrant for police to produce the former president at the court for his trial hearing on February 13.

Nasheed has maintained that the charges against him – of detaining the Chief Criminal Court Judge during his final days in office – are a politically-motivated effort to prevent him contesting the 2013 elections.

A second arrest warrant was issued by the court on February 18 whilst Nasheed was still inside the Indian High Commission and required police to bring Nasheed to Hulhumale’ court on February 20.

The warrant expired after the hearing was cancelled following Nasheed’s refusal to leave the commission building for his scheduled trial.

After 11 consecutive days inside the High Commission, Nasheed emerged on Saturday (February 24) and subsequently held a press conference in the Dharubaaruge exhibition hall, across the street from the party’s former protest site at Usfasgandu.

Nasheed emphasised his desire for stability to be restored, following eight days of continuous protests by the MDP, dozens of police arrests, and a violent attack on a Maldivian journalist.

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Certain parliamentary committees trying to discredit police: Commissioner Abdulla Riyaz

Commissioner of Police Abdulla Riyaz has claimed “certain” parliamentary select committees are purposefully attempting to discredit the police institution and tarnish its public image.

Riyaz made the remarks during a ceremony today to open a police station on Fenfushi in Alifu Atoll.

The commissioner said that some parliament members were attempting to harass specific police officers of different ranks in the name of “holding the police accountable”. He further said that such practices are not accepted in modern democratic states.

“Some parliamentary committees are very clearly trying to discredit the [police] institution. That is not something I will accept,” he said.

Riyaz said it was the parliament’s ‘241 Committee’ to which the police should be accountable.

“The constitution clearly states that the police should be accountable to parliament’s ‘241 committee’.  I have discussed this with several legal practitioners. They also say that police should be accountable to the said committee. Last week, we have requested advice from the attorney general on this issue,” he said.

Riyaz’s comments come at a time where Parliament’s Executive Oversight Committee (EOC) – which has an opposition Maldivian Democratic Party (MDP) majority – has again sent a notice requesting the commissioner appear before the committee.

Previously, he was summoned before the EOC over a leaked video showing the death of a bystander after police attempted to stop a speeding motorcycle suspected of being driven by thieves to flee a crime scene.

Commissioner Riyaz also contended that the police were working independently and “without any political influence” stating that he had never seen a police institution as independent as his in the last two governments.

“I have been in this field for almost 24 years. During my time, I have never seen a more independent police institution than the current one, where police are allowed to carry out their operations independently and free from political influence,” he said.

Speaking to Minivan News, EOC member MP Ahmed Easa dismissed Riyaz’s claims, stating that police had already lost the public’s respect and the confidence once held in the institution, and that there was “no point Riyaz talking about it now.”

“The police lost credibility among the public the day they came out on the streets, toppled an elected democratic government and brutalised the people they were supposed to defend and uphold,” Easa said.

According to the Kendhikulhudhoo MP, the police, especially Special Operations (SO) officers, had become a “mob gang” instead of a respectable police force.

“The SO police now come out on the streets with the sole intention to torture people. They possess dangerous objects which could seriously harm a civilian. We have got video footage to support this claim,” he said.

Easa suggested that parliament’s Privileges Committee look into Riyaz’s “defamatory” comments against parliament and take prompt action on the matter.

He also contended that the EOC had the mandate to summon any individual from the executive branch for questioning, and that this was very clearly mentioned in the parliament’s regulations and the constitution.

“If he does not believe what has been clearly set out in the laws of this country, that means he is no longer fit to be the commissioner of police. He should be listening to the attorney general, not just a bunch of lawyers who tells him things the way he wishes to hear,” Easa said.

Commissioner of Police Abdulla Riyaz, Parliament’s Counsel General Fathimath Filza and Parliamentary Speaker Abdulla Shahid were not responding to calls at time of press.

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High Court overturns Civil Court ruling against Male’ City Council over MDP protest site

The High Court has invalidated a Civil Court ruling ordering Male’ City Council (MCC) to hand over the MDP’s protest site to the government.  The area was previously leased to the opposition Maldivian Democratic Party (MDP).

Earlier this month, the Civil Court ordered Male’ City Council to clear the land plot and hand it over to the Housing Ministry. The MCC appealed the Civil Court ruling, claiming that the court had not given the council an opportunity to defend itself, making the ruling unlawful.

The High Court today ruled that the Civil Court had failed to follow legal procedures in its hearing of the case, concluding that its ruling at the time was unlawful.

Presiding judges Justice Azmiralda Zahir, Justice Yousuf Hussain and Justice Abbas Shareef all backed the verdict today. Following the High Court ruling, police removed the barricades on Boduthakurufaanu Magu behind the STELCO and reopened the Usfasgandu area.

The area was cordoned off by police late last month after the High Court issued a warrant requesting the area be kept under police custody until it reached on verdict on the case.

MDP protesters clashed with the police several times after they cordoned off the site.

Lease dispute

Male’ City Council (MCC) leased the Usfasgandu area to the ousted ruling party in March 2012, prompting repeated attempts by the government to reclaim the area on the grounds it was being used for criminal activity, including the practice of black magic.

The MDP had moved to the area after a previous protest camp at the tsunami monument was dismantled and completely repainted by police and military on March 19, 2012.

On May 29, police raided the Usfasgandu site after obtaining a search warrant from the Criminal Court, ordering the MDP to vacate the area. The Maldives National Defence Force (MNDF) then began dismantling the protest camp.

The Housing Ministry filed a case with the Civil Court after MCC refused to hand the land plot to the ministry.

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