Category: Politics

Government ponders voluntary tourist contributions to fuel US$100 million green energy fund

A proposed tourist “tax” aimed at raising US$100 million to assist the Maldives’ carbon neutral aims would likely be implemented as a “voluntary contribution” scheme for foreign visitors, Minister of Environment and Energy Dr Mariyam Shakeela said today.

Dr Shakeela, who was recently approved by parliament to head the newly established Ministry of Environment and Energy, said that the scheme was presently being considered in the form of donations collectable from tourists visiting the country.

“We have not agreed anything yet, but the plan would be to set up a voluntary contribution programme to aid environment protection here,” Shakeela said, adding that the fund could be maintained and run in a similar manner to health and wealthfare charities.

While no agreement has yet been finalised on seeking support for the Maldives’ green aims through its lucrative tourism industry, representatives for the President’s Office today said there was reluctance to place further mandatory charges on foreign guests.

The comments were made as President Doctor Mohamed Waheed Hassan today discussed the future of the country’s sustainable initiatives, and played up commitments to become carbon-neutral by 2020.  The carbon neutral pledge was initiated by his predecessor Mohamed Nasheed.

However, following the controversial transfer of power that brought Waheed’s government to office in February – an act Nasheed later alleged was a “coup d’etat” – the key minds behind a risk-mitigated renewable energy investment devised for the previous administration raised concerns about the viability of a large scale national sustainable commitments at the present time.

Mike Mason – a former mining engineer and expert on renewable energy who served as Energy Advisor for Nasheed’s administration on a reportedly unpaid basis, alleged political uncertainty since February had derailed interest in fundng. Mason, who outlined a detailed alternative power strategy and funding plan set to be signed into place on February 7 this year, claimed capital investors who had been “queuing up” to assist the project made their excuses and declined assistance after the transfer of power.

At the same time, former President Nasheed’s Climate Change Advisor – UK-based author, journalist and environmental activist Mark Lynas told Minivan News last month that the loss of democratic legitimacy in the Maldives had destroyed its ability to make a moral stand on climate change-related issues, and be taken seriously.

“I think that the Maldives is basically a has-been in international climate circles now,” said Lynas, who drew a monthly stipend of Rf10,000 (US$648) for expenses whilst serving in his position.  “The country is no longer a key player, and is no longer on the invite list to the meetings that matter. Partly this is a reflection of the political instability – other countries no longer have a negotiating partner that they know and understand,” he said.

Reserve strategy

President Waheed himself used last month’s Rio +20 global summit to commit the Maldives to become the world’s largest marine reserve within the next five years five.

Speaking at the summit, the president also pledged that the Maldives would “cover 60 percent of our electricity needs with solar power, and the rest with a combination of biofuels, other clean technologies and some conventional energy.”

In clarifying details of his government’s sustainable plans, Waheed told Reuters today that as opposed to enforcing a US$3 mandatory tax on tourists to fund his government’s own carbon neutral policies, a voluntary fund targeting a sum of around US$10 per visitor was being considered.

“I believe most of the tourists who come to the Maldives are environmentally conscious and quite happy to make a contribution towards making the Maldives carbon neutral,” he added.

To compliment its desired aims to match the previous government’s carbon neutral objectives, Waheed explained to Reuters that the country required more investment in environmentally friendly buildings, as well as a move away from its heavy dependence on fossil-fuel powered transportation.

“We are a little bit behind schedule (on the renewables plan) but we hope we will be able to catch up over the next 5 years or so,” Waheed said.  “Male’ is not the most ideal island location right now – it doesn’t have ‘green’ buildings but a lot of companies are interested in developing them.”

The article also drew attention to the country’s resort industry, reporting that seven of the country’s 100 secluded island properties were presently considered “ecofriendly” in regards to efforts to cut down their carbon footprints. One resort is also expected to obtain carbon neutral status as of next year.

Reuters added that the present government was also looking to receive a sum of US$30 million from Climate Investment Funds that would help “leverage” US$120 million in capital to establish renewable developments across the nation.

Tourism “burden”

Addressing Dr Waheed’s comments today, President’s Office spokesperson Abbas Adil Riza said that the voluntary charge for tourists to help fund the country’s green efforts remained at the proposal stage.

Abbas added that the exact mechanics of how the potential funds would be paid and overseen therefore were yet to be developed.

According to the President’s Office, with tourists already facing a US$27 charge for an airport development project and a six percent Tourism-GST (TGST) on goods and services purchased during their stay, there had been reluctance to further “burden” the industry with more charges.

Resorts in the Maldives have previously expressed concern about the potential increase in T-GST to 12 percent, among several measures the International Monetary Fund (IMF) has said are urgently needed to offset the Maldives’ spiralling budget deficit.

Abbas had previously stressed that the government was committed to “not completely” reversing the Nasheed administration’s zero carbon strategy: “What we are aiming to do is to elaborate more on individual sustainable issues and subject them to national debate. Previously, these discussions on sustainability were not subjected to a national debate, such as through parliament,” Abbas said.

Election calls

Speaking to the Huffington Post news service earlier this month, former President Nasheed said he believed the controversial nature of the transfer of power in February meant that fresh general elections were presently the most important aspect to any successful climate change adaptation plan.

“Without democracy, you’d be making the wrong decisions at the wrong time,” Nasheed claimed, raising concerns that carbon neutral plans n the Maldives were now “stuck”.

In the months following his controversial resignation, Nasheed visited the US to raise awareness on the current political upheaval in the country, as well the documentary film, “The Island President” in a tour that saw him appearing on prime time TV and at talks across the country.

The documentary film chronicles his government’s ambitious pledge to become a carbon neutral nation by 2020, and has received increased global coverage since Nasheed was removed from office.

Whilst still in office back in November 2010, Nasheed claimed that failure to meet the country’s ambition aims of being an entirely carbon neutral nation would be a “disaster” for the country.

International perspective

Despite Nasheed’s high-profile climate activism, Greenpeace told Minivan News in 2010 that the Maldives acted more “as a symbol than a practical demonstration” of how national development and fighting climate change can be mutually exclusive.

“The Maldives can become a strong proponent of a paradigm shift in the World Bank and in developing countries whereby it is recognised that fighting climate change and promoting development go hand in hand,” said Wendel Trio, Climate Policy and Global Deal Coordinator for Greenpeace International.

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PPM “threatening” and “intimidating” police and military CoNI witnesses: MDP

The ousted Maldivian Democratic Party (MDP) has accused the Progressive Party of the Maldives (PPM) of “threatening” and “intimidating” police and army officers to prevent them from testifying at the inquiry commission set up to investigate the February 7 transfer of power.

In an interview to DhiTV on June 30, PPM deputy leader Umar Naseer claimed six high-ranking police and military officers loyal to deposed President Mohamed Nasheed were holding secret meetings with other security officers in a bid to persuade their colleagues to tell the commission that the change of government occurred through a coup d’état.

“We know that these things are being done,” said Naseer. “We are very closely following the actions of these people. All I have to say to these people is that the government has changed, within the boundaries of the law. Hence, stay with this government. Otherwise, change your thinking, and leave your current posts. Don’t force us to take action in these matters”.

The six officers named are Chief Superintendent of Police Mohamed Hameed, Superintendent of Police Adnan Anees, Chief Inspector of Police Mohamed Abdul Samad, Lieutenant Colonel Jihad, Lieutenant Colonel Zubair and Colonel Ziyad. DhiTV also broadcast pictures of the six officers.

In a press release on July 3, MDP Spokesperson Hamid Abdul Gafoor said Naseer’s statements were “thinly veiled threats” to “intimidate potential witnesses before the CoNI.”

The Commission of National Inquiry (CoNI) was set up by President Mohamed Waheed Hassan to assess the circumstances surrounding President Mohamed Nasheed’s resignation. Following international concerns over the commission’s impartiality, Waheed reconstituted CoNI in June to include a foreign judge and a member representing Nasheed.

Nasheed’s former Environment Minister Mohamed Aslam and National Security Advisor Ameen Faisal released a report outlining what the MDP government knew of then-opposition’s plan to topple the government by soliciting “about 500 police officers” to protest in Republic Square – a demonstration that was joined by opposition supporters and led to Nasheed’s resignation “under duress” on February 7. The government described the report as a “terrorist act.”

Chief Superintendent Mohamed Hameed was subsequently arrested, while other police officers who had cooperated with the report were rounded up and detained, and their houses searched.

Police initially denied the allegations of a “witch hunt” and issued a statement accusing the media of “circulating baseless and false reports”. However court warrants for the arrest of Hameed and Staff Sergeant Ahmed Naseer were subsequently leaked.

In DhiTV’s report, Naseer said the six officers were plotting to influence CoNI’s report to reflect Ameen and Aslam’s findings.

“[Loyalist elements] of the police and military have been made well aware of these people, who are trying to ensure that the report of the Commission is in favour of Nasheed, by their own actions, during Nasheed’s regime,”Naseer warned.

“All I have to say to these people is that we have been very closely observing your actions,” he repeated.

Following the reconstitution of CoNI, an additional 244 people have registered to testify at the commission. CoNI is expected to complete its report by the end of August.

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Police arrest 13 during MDP march held to mark February 8 police brutality

Police have confirmed the arrest of thirteen Maldivian Democratic Party (MDP) members during a march held to commemorate a brutal police crackdown on peaceful protesters on February 8.

Hundreds set out from MDP’s protest camp at Usfasgandu area around 2:00pm in the afternoon and gathered near the government office complex Velanaage. Riot police set up barricades and blocked all streets leading to the area.

Police Spokesperson Hassan Haneef said the 13 arrested had attempted to cross police barricades and obstruct police duty. Minivan News also observed police confiscating several MDP flags.

“The police are categorically targeting, physically assaulting, harassing and torturing MDP members and parliamentarians,” MDP MP Imthiyaz Fahmy told Minivan News.

“The state’s independent institutions such as the Human Rights Commission (HRCM) have been noticeably silent even though international bodies have issued several reports on the matter,” he added.

The MDP has held regular and well-attended rallies since the transfer of power on February 7. The party alleges President Mohamed Nasheed was deposed in a coup d’état and have called for early elections.

Amnesty International has released multiple statements since the transfer of power on February 8, condemning excessive use of force against demonstrators. In its most recent statement on June 11, Amnesty noted police attacked, beat and pepper sprayed peaceful demonstrators, members of parliament, journalists and bystanders during an MDP protest on May 29.

However, police have denied Amnesty’s allegations, claiming only the “minimum required force” was used in arrests.

Fahmy raised concerns over criminal charges against MDP protesters while police brutality allegations remain uninvestigated.

He also condemned the Majlis’ silence regarding attacks on MDP parliamentarians. Several MDP MPs were assaulted and sustained severe injuries on February 8. Meanwhile, the police have filed charges against Fahmy for allegedly attacking a female police office on May 29. Fahmy said the charges had been “fabricated.”

In May, the Police Integrity Commission (PIC) forwarded a case involving the assault by a police officer against a MDP protester on February 8 to the Prosecutor General’s office.

The PIC has alleged that Staff Sergeant Ali Ahmed assaulted Mohamed Niyaz of Fares-Mathoda in Gaaf Dhaal Atoll on February 8 is a display of excessive force. Video footage revealed Ahmed kicking the victim while he was on the ground.

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Time “not right” to amend Freedom of Assembly bill, MDP claims

The opposition Maldivian Democratic Party (MDP) has said it is opposed to a Freedom of Assembly bill accepted for discussion this week by the People’s Majlis – despite praising the overall nature of the legislation.

According to local media reports, 41 ministers out of 62 present during a vote this week favoured tabling the bill, which was proposed earlier this year by the independent MP Mohamed Nasheed. The bill is said to have been devised in a bid to clarify the rights and responsibilities of both protesters and authorities policing them.

MDP Spokesperson and MP Hamid Abdul Ghafoor told Minivan News that while the party believed the proposed bill was a “good piece of legislation” – the time was deemed “not right” for such amendments to be made to the existing law.

The MDP has continued to allege that the government of former President Mohamed Nasheed was ousted in February through a “coup d’etat” supported by mutinous elements of the police and military. Hamid contended therefore that amendments to police controls in the present political environment would not be supported by the party.

“We continue to maintain that the police are not a legitimate body due to their role in the coup,” he claimed. “This is a good piece of legislation to implement with a legitimate police force, but we believe that [the security forces’] role in the coup was such that this is not the time to get the bill passed. It would simply serve for authorities to gain leverage and take away the democratic gains made in the country in the last three years.”

“Up the ante”

With parliament now reportedly discussing whether the bill should be sent for evaluation through a temporary or permanent committee, Hamid added that the MDP was itself preparing to “up the ante” in terms of the protests it has been holding over the last few months concerning the legitimacy of President Mohamed Waheed Hassan’s government.

“At the moment, the mood in the party is to intensify the protests,” he said. We continue to believe that the present government is not legitimate and we will continue to protest this within legal means under the eyes of the law. The courts have not yet been able to rule against the freedom of assembly,” he added.

According to Hamid, with the MDP continuing to conduct protests on a weekly basis, there remains suspicion that the new bill was being prosed simply to stymie and “squash” the right to protest in the country – a claim denied by those behind the proposed legislation.

The opposition party’s supporters again yesterday marched around Male’ past sites including police and Maldives National Defence Force (MNDF) barracks – albeit on a slightly modified route – to reflect what they claim is growing impatience with the Waheed administration.

Following the transfer of power in February and President Waheed’s delayed innagural address to parliament a month later, there have been incidents of violent clashes between police and anti-government protesters – particularly in the capital of Male’. Since these events, clashes between the police force and the MDP have been reported to be much more sporadic and small scale.

Hamid claimed that the MDP was not going out with the intention to confront police officers, alleging that some law enforcement officials had in recent weeks attempted to incite violent clashes themselves.  He pointed to an incident last month where police marched straight through a large gathering of demonstrators including former President Nasheed as an example of this allegation.

Coalition view

In considering the implications of parliament approving the Freedom of Assembly bill, Deputy Leader of the government-aligned Dhivehi Rayithuge Party (DRP) Ibrahim Shareef said Thursday evening (July 5) that it continued to support freedom of assembly and would voice changes to the bill where it believed they were required.

“As a party, we have not discussed [the bill] yet.  As far as we are concerned the bill is about regulation regarding protests,” he said.

Shareef added that the parliamentary vote held this week was simply over whether the proposed changes should be tabled for discussion among MPs. He added that the legislation was now being looked at before being submitted for committee review, where the specifics of the bill would be debated further.

MPs Ahmed Mahloof and Ahmed Nihan of the Progressive party of Maldives (PPM) – a coalition partner of the DRP – were not responding to calls at the time of going to press regarding their opinions of the bill.

Proposed changes

Upon introducing the bill back in April, independent MP Nasheed said new legislation was required to replace the current regulations concerning freedom of assembly devised before the current constitution was put in place.

The proposed bill is based largely on guidelines published in 2010 by the European advisory group on constitutional law, the Venice Commission (officially called the European Commission for Democracy Through Law). The guidelines argue that any restrictions to freedom of assembly must consider legality, necessity and proportionality.

The unusual nature of the country, Nasheed argued, requires that “absolute” restrictions on static protests remain around the state’s vital institutions, in particular those areas on Republican Square which affect the security forces’ ability to operate.  These require an area of 200ft to the front and 50ft to the side of police and military headquarters to be prohibited from static protests, such as sit-downs. Other military barracks require a protective zone of 50ft; other police facilities, 25ft.

The police protest on February 7 that led to the downfall of former President Mohamed Nasheed’s government took place outside the MNDF’s headquarters.

Additionally, the bill suggests that a minimum distance of 25 feet be maintained from mosques, schools, hospitals, court buildings, the President’s Office, the President’s house, and from parliament. The proposed bill places no restrictions on moving protests.

Concerns were raised in May about protests being held near to the country’s mosques after a group of people said to be MDP supporters obstructed a sermon held by prominent religious scholar Sheikh Ilyas Hussain.

The only time-based restrictions under the bill are those that proscribing protests outside of an individual’s home after 10pm, and those that use loudspeakers after 8pm.

Nasheed was also keen to point out that new bill, and the timing of its submission, had been unrelated to the controversial transfer of power earlier this year. He stated that he had been working on the bill since 2010 and had completed a first draft last year.

He was realistic, however, about the difficulties the bill would face.

“People who are protesting will be unhappy with any restrictions… but they should respect the rights of others,” said Nasheed.

The MP has previously predicted that the bill could take up to a year to be passed.

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High Court orders police to investigate allegations made to ACC regarding High Court judge

An ongoing legal dispute between the Anti-Corruption Commission (ACC) and Malaysian mobile security solutions provider Nexbis escalated this week, after the High Court ordered police to investigate claims made to the ACC that Chief Judge of the High Court Ahmed Shareef met officials from the company in Bangkok.

The dispute concerns the deployment of a border control system, specifically the installation of an electronic border gate system in Male’s Ibrahim Nasir International Airport (INIA), bringing technological upgrades such as facial recognition, fingerprint identification and e-gates to the Maldives.

The project stalled after the ACC alleged corruption in the bidding process, leading to a ongoing series of high-profile court battles.

In May 2012 the project was brought to a standstill by a High Court injunction and a raid on immigration offices by ACC staff. At the time the Rf 10 million (US$650,000) first phase of the border control project had been completed, according to local media reports.

Nexbis has threatened legal action against the Maldivian government should it incur losses for the work already done on the project, and earlier this month filed a case with against the ACC accusing it of breaching article 141 of the constitution, stipulating non-interference in judicial matters by public officials, and article 42, entitling the company to a fair trial.

The Supreme Court in late June meanwhile dismissed the High Court’s injunction against the continuation of the project, on the basis that the bench overseeing the case had been unlawfully reconstituted. Immigration Controller Dr Mohamed Ali told local media at the time that the department was trying to interpret the order, which he contended “doesn’t make sense”,

In the most recent development Nexbis denied allegations – submitted to the ACC and published in Haveeru – that Chief Judge Ahmed Shareef had returned home from a conference in Singapore after spending a week in Bangkok, where he was alleged to have met Nexbis representatives.

Nexbis denied that any such meeting took place, and this week filed a case in a bid to stop the ACC from publicly sharing information on the investigation while the matter was in court, and seeking an apology for the damage to its reputation.

Asking police to investigate the allegations made to the ACC, the High Court meanwhile stressed in a statement this week that “no individual Judge can simply influence a decision of the Court, as all cases at the High Court are presided by a minimum three Judges bench and a ruling is only made by the majority of a particular bench.”

The accusations sent to the ACC were an “extremely irresponsible act with intentions to deceive and manipulate the truth,” the Court’s statement read.

The Court contended that the ACC’s investigation of the judge would amount to a conflict of interest, as the ACC was investigating a case it had itself filed in court.

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Will the death penalty halt the Maldives’ crime surge?

The debate surrounding the implementation of capital punishment is quite pertinent and poignant at this time in the Maldives’ history.

The violent crimes, including gang violence, burglary, mugging, sexual abuse of children and murders are increasing to an alarming level in our society. For many, the reintroducing of state-endorsed death, otherwise known as capital punishment or the death penalty, seems to be best solution to address the surge in crime.

The last person to be executed in the Maldives after receiving a death sentence was in 1953 during the first republic of President Mohamed Ameen. Hakim Didi was charged with attempting to assassinate President Ameen using black magic.

Since then, the Maldives has retained the practice of the death penalty, although Islamic Shari’ah tenets give the courts the power to pronounce capital punishment for offences such as murder, sodomy, fornication, apostasy and other crimes against community.

Statistics show that from January 2001 to December 2010, a total of 14 people were sentenced to death by the courts and none were below 18 years of age. These sentences were never enforced and were commuted to life imprisonment under the power vested to the President in Clemency Act.

However, MP Ahmed Mahloof and several other MPs are of the view that if death penalty or capital punishment is re-introduced in the Maldives, it would bring down crime in Maldives, and have decided to propose the amendment in consultation with several people including fellow parliamentarians.

Last April, Mahloof, parliamentary group member government-aligned Progressive Party of the Maldives (PPM), forwarded a bill proposing that the enforcement of death penalty be mandatory in the event it was upheld by the Supreme Court. This would halt the current practice of the President commuting such sentences to life imprisonment.

Mahloof based his argument for the proposal of the bill on the fact that 29 people had been killed in the past three years in gang related crimes.

The young MP contended: “I believe nobody would want to die. So if the death penalty is enforced, a person who is to commit a murder would clearly know that if he carries out the act, his punishment would be his life. I believe this will deter him from committing such acts,” Mahloof said.

Mahloof’s remarks echo the classic argument used by politicians and pro-death penalty advocates around the globe: Capital punishment deters crimes.

But, does it actually? Let’s ask the experts from America.

A survey of the most leading criminologists in the country found that the overwhelming majority “did not believe” that the death penalty is a “proven deterrent to homicide”.

Eighty-eight percent of the country’s top criminologists do not believe the death penalty acts as a deterrent to homicide, according to the study, Do Executions Lower Homicide Rates? The Views of Leading Criminologists published in the Journal of Criminal Law and Criminology.

Similarly, 87 percent of the expert criminologists believe that abolition of the death penalty would not have any significant effect on murder rates.

The survey relied on questionnaires completed by the most pre-eminent criminologists in the country, including Fellows in the American Society of Criminology; winners of the American Society of Criminology’s prestigious Southerland Award; and recent presidents of the American Society of Criminology. Respondents were not asked for their personal opinion about the death penalty, but instead to answer on the basis of their understandings of the empirical research.

On a separate note, 75 percent of the experts agreed that “debates about the death penalty distract Congress and state legislatures from focusing on real solutions to crime problems”- a familiar trait observed in the Maldivian context, where members of the People’s Majlis spend hours arguing, often engrossed in prevarications.

Prior to Mahloof’s motion, two members had forwarded similar bills to enforce death penalty. But after lengthy debates in multiple parliament sessions, both withdrew it.

Meanwhile reading the aforementioned conclusion of the research, I was reminded of a recent conversation with a friend about the death penalty on Facebook.

“I don’t understand why everyone is so eager talking about punishment, before anything else,” said Hammad Hassan, 26. He continued, “Criminals are a product of our society I guess. Someone needs to go in deep and see what the hell is going wrong.”

“Capital punishment has its age-old arguments and jousting between liberals and conservatives. We like to get into debates about stuff. But I guess it’s the wrong debate that’s going on here,” the Tourism and Hospitality graduate pointed out.

He added: “We fixate on issues like this, without even thinking, and the media, and politicians do their job of sensationalising crime.”

“The current rise in crime is pure economics I would say. Too many are out of jobs, many youth are on drugs and everyone wants to have a good time (coffee, a bottle of alcohol or a joint, etc etc),” he typed into the chat window.

So much truth in what he said.

In the Initial Report of Maldives under the International Covenant on Civil and Political Rights prepared by Human Rights Commission (HRCM) last month, the commission acknowledged there are a number of direct and indirect factors attributing to the increasing fatal criminal activity.

“High numbers of unemployed youth, and the persistent substance abuse and drug addiction among youth in the country are indirect factors catalysing the increase in crime,” HRCM emphasized.

According to the authorities, the Maldives has a staggering unemployment rate of 29 percent, of which half belong to youth age brackets. Meanwhile, the country faces a spiralling drug epidemic, with an estimated 40 percent of youth using hard drugs -a well known trigger of violent and high risk behavior.

A comment on Minivan News read: “In the Maldives we have enough people who turned to psychopaths due to drugs who are well capable of committing any heinous crime.”

Most death penalty advocates call for reinstating death penalty, saying “It shouldn’t be seen as retribution. It is to ensure the safety of society”.

But Amnesty International counters this argument. According to the group, “The threat of execution at some future date is unlikely to enter the minds of those acting under the influence of drugs and/or alcohol, those who are in the grip of fear or rage, those who are panicking while committing another crime (such as a robbery), or those who suffer from mental illness or mental retardation and do not fully understand the gravity of their crime.”

The couple facing murder charges in the most recent homicide of Lawyer Ahmed Najeeb, confessed in court that they were under the influence of drug and intoxicated from heavy alcohol use while they committed the crime.

But, will the politicians and lawmakers give the necessary attention to these real issues, instead of divulging into the endless debate over the death penalty?

According to Aishath Velezinee, formerly the President’s appointee to the Judicial Services Commission (JSC),  Mahloof’s death penalty amendment is another attempt by the MPs to avoid “the real issue” and to “deceive the public”.

“The real issue for thriving crime is corruption. The constitution has recognised this and required the judiciary be checked and cleansed.  The JSC breached the constitution, and those MPs are proposing this to cover up the JSC,” Velezinee said in a previous interview.

“Islam upholds justice, and not only has death penalty; it has very clear qualifications for judges too. Neither MP Mahloof, nor any of the Sheikhs, has expressed alarm that the judges are far below standard and some of them are convicted criminals themselves. This is pure politics and abuse of Islam,” she added.

Although the pro-capital punishment sentiments are growing stronger with the symbolic support from country’s top officials including the Chief of Justice, Home Minister and the Attorney General, enforcing the capital punishment is far from happening any time soon while several pertinent legislations are stalled in the parliament, with no indication of when they will be passed.

These legislations, which Human Rights Commission says “could make an impact on the death penalty” include, the Revised Penal Code, Criminal Procedures Code, Evidence Bill and Witness Act.

It also adds: “Maldives is yet to establish an independent forensic institution to provide accurate information to support the judiciary to make an impartial decision on matters concerning the administration of the death penalty.”

The existing Penal Code which was enforced in 1981 and its last amendment made in 200 has many parts which are not relevant to the present context and does not reflect the spirit of the present Constitution.

Moreover, the commission identifies the inadequate legislation pertaining to evidence and witnesses, dismissal of forensic evidence by courts, absence of a witness protection program and inadequate correctional and rehabilitation system for convicted offenders as key factors for rising crimes.

Several members of the public and commentators meanwhile have a another pressing concern. What will happen when an “incapacitated” judiciary is given the power to take some one’s life?

“If there is death penalty without a good system, it will be subjected to political abuse to settle scores,” a person predicted in a comment to Minivan News. “Besides, such crimes results from bad system and bad policies,” he added.

As the debate over the reintroduction of death penalty continues, it would be foolish to assume it will only remain a domestic matter.

The Maldives has affirmed the UN Resolution of Moratorium on death penalty on 18 December 2007, which emphasises all states that still provision capital punishment “progressively restrict the use of the death penalty and reduce the number of offences for which it may be imposed.”

This resolution still needs to be passed by the parliament.

But, abolition of capital punishment in all states is a call publicly endorsed by UN Secretary General Ban Ki Moon himself. Therefore, in the face of international pressures to the states to abolish death penalty, the Maldives will likely be scrutinised to its core, and sooner or later, if it intends to reintroduce the practice of capital punishment.

One of the serious concerns would of course be the fact that child offenders may be sentenced to death in the Maldives if the mandatory death penalty motion passes.

According to the Human Rights Commission, however, minors are liable to bear criminal responsibility for some offences such as the unlawful intentional killing of human beings, and other offences relating to homicide and participation in such offences.

Several minors are currently facing such charges in court.

But, without a Penal Code which encompasses provisions on penalties for offences committed by minors and a Juvenile Justice Bill explicitly proscribing the death penalty, these minors will be executed once the law makes it mandatory.

Such a move will spark unprecedented international criticism towards the island nation, already facing scrutiny over its human rights violations, growing fundamentalism and troubled democracy.

These factors must not stand in way if the judicially-sanctioned killings are the only answer to Maldives high crime rate. But before we draw to the conclusion with purely basing the religious argument, authorities need to provide clear evidence that the death penalty is a deterrent to serious crime. That it will, in fact rekindle public safety and security.

The Human Rights Commission observes: “Murders were committed in public places during the daytime. Victims of gang violence either end up with permanent injuries or death. It is to be noted that most of the people who are involved in cases of extreme violence, and murders are repeat offenders (sometimes juveniles).”

“This shows failure on the part of law enforcement authorities and criminal justice system in the country.” the commission contends. Members have further added that the lack of a “comprehensive integrated crime prevention mechanism remains the greatest weakness in addressing the issue of increase in crime.

Therefore, for now, the greatest deterrent to crime is the likelihood that offenders will be apprehended, convicted and punished. It is that which is presently lacking in our criminal justice system; and it is at this level and through adressing the causes of crime that the state must seek to combat lawlessness.

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Raaje TV to commence satellite uplink service by mid-July as IFJ raises broadcast concerns

Raaje TV expects to resume satellite broadcasts to the Maldives’ outer islands by mid-July after alleging the government was behind delays in issuing a temporary permit needed to provide its services to a national audience.

The private media group’s  chairman Akram Kamaaluddin earlier this week claimed that political influence was behind a delay in obtaining a satellite uplink permit. Without such a permit, Raaje TV has claimed its signal is limited to an estimated 20 percent of homes in the country.

The broadcaster said that although it had now been given a temporary license to establish its own satellite uplink – it remained concerned about the present government’s overall commitment to media freedom.

A President’s Office spokesperson responded today that the government had no involvement in the reported delay in issuing the license. The spokesperson also questioned the validity of the broadcaster’s accusations considering a temporary permit had now been approved by the independent Communications Authority of the Maldives (CAM).

The comments were made as media NGO, the International Federation of Journalists (IFJ), called for greater clarity by Maldivian broadcast authorities such as the CAM over the regulations it employed for supplying licenses to national media organisations.

“As this statement is issued, the MJA informs us that Raajje TV has been granted temporary uplink permission for six months,” said the IFJ Asia-Pacific in a statement released yesterday.

“We welcome this development, even if it is provisional, and call for a clear statement on the norms that will govern the use of the broadcast spectrum, in a manner that will provide ample room for multiple voices and opinions.”

Despite the temporary resolution of the satellite link issue that had affected Raaje TV’s services this week, the IFJ said it had was concerned that “guidelines for permitting plural sources of news and opinions for the people” may have been breached in the Maldives.

“Multiple sources”

“We urge the authorities in the Maldives to make the grant of uplinking permissions the norm, subject only to a list, preferably small and clearly defined, of ineligible entities. Rather than control information flows, the priority should be to ensure that multiple sources of news are available to the people of the republic in this time of political transition,” the NGO stated

“A review of broadcast policy cannot be the basis for denial of such permission, since such a review in today’s world can only move towards allowing greater diversity and competition on the air-waves and not towards restricting access”.

In outlining the current status of broadcast media in the country, the IFJ – which represents  600,000 journalists in 131 countries – claimed that Raajje TV was known for providing alternative news and opinions in the country compared to other private broadcasters .

However, the NGO claimed Raaje TV’s ability to fulfil this mandate had been restricted after it failed to receive a satellite uplink permit needed to ensure its services were available to a majority of islands in the country’s outer atolls.

“Of the four TV broadcasters operating in the Maldives, one is controlled by the Maldives National Broadcasting Corporation (MNBC), an autonomous body established under law. Though mandated to function independently, the MNBC is believed by opposition parties and independent journalists, to be highly biased towards the government that came to power on February 7, after a police revolt toppled the elected president,” the NGO added. “Of the private channels, two are owned by businessmen with known links to the current regime, according to sources in the Maldives.”

“Hurdles”

Speaking to Minivan News today, Raaje TV Chairman Akram Kamaaluddin said he expected the government would continue to try and create “hurdles” in an attempt to restrict Raaje TV’s broadcasts even after the group obtained a temporary license this week.

Akram alleged that the channel had already been forced to establish its own independent satellite uplink as the government had been influencing major national telecom operators into not providing technical assistance or services to the broadcaster.

“They have given us this temporary license, but there is no guarantee that they won’t try to interfere with our services in other ways,” he claimed.  Akram added that the establishment of Raaje TV’s independent satellite uplink was designed to try and ensure more stability for its services in the future.

Raaje TV’s management have alleged that the CAM had guaranteed that a license would be awarded to the broadcaster on Sunday (July 1) in relation to an application sent two weeks previous.

Akram maintained that the Ministry of Transport and Communication had acted outside of its jurisdiction and influenced the CAM into not issuing a license on the grounds that its existing policy was under review and an uplink could not therefore be provided until this was complete.

Communications Minister Dr Ahmed Shamheed told Minivan News earlier in the week that the allegations of his ministry acting in a politically motivated manner against the broadcaster were a result of Akram “making his own judgement” about the matter.

He therefore maintained that Raaje TV would be given the uplink permit, though was unable to set a date for when it would be made available.

“I spoke with Raaje TV [on July 2] and told them they would be given the license as soon as possible” he said at the time. “I don’t have a time limit for when this will be.”

Shamheed stressed that the process did take time and that the CAM’s Chief Executive, Ilyas Ahmed, had been away until this week, delaying response to the matter.

When contacted today about the concerns raised by the IFJ, President’s Office Media Secretary Masood Imad said that he welcomed the license being awarded to Raaje TV and stressed the government had no involvement in the issue.

“I am glad that the broadcaster got what they were after,” he said.

With the permit having been awarded, Masood questioned the validity of Raaje TV’s bias allegations.

In addressing these allegations, Masood added that the government had “no involvement” concerning the work of the CAM, which he said was established to operate as an independent body free of government control.

“I don’t know the composition of the CAM is, it is appointed by the parliament,” he said.

Masood added that he was not able to speculate on the possible political affiliations of individuals within an organisation like the CAM.

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Touch of life and death

Waiting has never been a strong suit. But when it is for your best friend who has never left your side, you don’t complain.

Early on Monday evening I was with Inayath Shareef (Inoo), waiting eagerly to welcome her new baby brother into the world. Every time the person inside the delivery room called out her mother’s name, we all flocked to the door. I take out my camera and get ready to click. But every time it’s a false alarm. The contractions still have not reached their height. Disappointed, we walk back.

To kill time, we talk and teased two young pregnant relatives in their mid 20’s. One of the girls looks as if the baby is going to pop out of her at any minute. A relative of Inoo say it is time for us to get married and have kids. We retaliate – “C’mon, we are still kids ourselves.”

Silently, I feared for the pain my friend’s mother must be going through behind the closed door. Relatives are not allowed in and the family only knows anything about the delivery through the occasional feedback from nurses.

Meanwhile, I overhear a conversation between Inoo’s aunt and a young man sitting inside the room, waiting for his wife’s delivery. When he was a baby, his birth mother and father abandoned him on the island. The frail, old couple I had seen moments before in the room, had adopted and cared for him like a son. They were never able to have a child of their own so it was a special occasion. They are soon going to be grandparents of a lovely baby girl.

Evening news starts on TVM at 8:00pm sharp. All eyes and ears were on the flat screen on the wall. The top story of the night, as expected, was the death of lawyer Ahmed Najeeb. Listening to the news at the time was strange. I was sitting among his blood relatives. He is the great uncle of my best friend. The tragedy has left the family devastated. When the news finished, they all talked about death penalty as the only solution to stop the henious crimes in the society which had claimed their brother’s life.

“Mara Maru [Death for Death],” my best friend says.

It was 9:00pm. The conversation on the death penalty had ended and we were again sitting idle. Some, including me, had proposed the idea of calling it a night.

The sudden sound of the person inside the delivery room startled everyone. The nurse called out the name. Same drill. Everyone rushed. I had my doubts, so I walked slowly. We were about to leave when the crowd came running in.

“The baby is delivered! Where is the bag with baby’s stuff?” a relative asks.

Inoo puts the dress for the baby, olive oil, cottons and other necessary post-labor kit into the bag and hurries outside to hand it to the nurse. She was so happy. That moment I realised how long it has been since I have seen that beautiful smile on her face. Life has not been too easy for her, or me.

Outside the labor room, the old relatives were facing a bigger issue. No one has prepared the honey. “How can you forget something so important?” one of the aunt complains.

It is an Islamic tradition to give honey as the first thing when the baby is born. They discuss what to do and finaly sends someone off to buy a bottle of honey.

Meanwhile, as I waited outside the labour room with camera ready, I saw a family rush into the emergency room, just a couple of feet away from labour room. A woman was carrying an unconscious child, about three years old. An accident perhaps, I thought.

However, I was not at the liberty to quench my curiosity because the labor room had just opened. Out came the nurse, carrying my best friend’s little baby brother, wrapped in a soft blue blanket. I switched on my camera and re-focused.

Inoo’s uncle walked in first. He was asked to recite the prayer call near the baby’s ears. Another Islamic tradition. Others followed in. It was such a special moment. Unlike other babies, he did not cry. Despite the bright light above, the baby boy managed to open his eyes wide. He scanned around and stretched out the hand and wrapped his little fingers around my best friend’s finger. He’s a healthy cute little fella weighing almost nine pounds.

The nurse took the baby back to the mother. We walk out discussing who he most resembles. Everyone agreed the boy looks like the father, who was unfortunately still on his way to Male’ from the resort where he worked. As I walked into the labor room showing the pictures from the camera, I accidently bumped into a woman who was crying. I apologised and entered the labour room lobby.

It was a joyous moment for all.  As we ate chocolates and celebrated the birth, a relative came in looking worried: “I think a child has just died.”

We all walk out to see what had happened. Five women stood crying outside the ward next to the labour room. Another curious onlooker told me a child who was brought to the hospital just now had passed away. Immediately, I recall the family rushing into the emergency room and the crying woman I bumped into.

“Oh my God!” was my first response. I followed a relative into the ward.

On the hospital bed, lay a beautiful little girl. I walked closer. Underneath a white blanket covering up to her neck, the girl’s arms were folded. One of the woman standing next to the bed snakes her fingers through the straight locks of her short black hair. “Please wake up,” she cries.

I pat her shoulder, unable to take of my eyes from the lifeless body of the little girl who is no older than one of my nieces.

“How old is she?” I asked.

“Three”, the woman replies. She is the girl’s aunt who had arrived Male’ from the island the day before. “She’s actually a very fair skinned girl,” she continued, as the girl’s skin turns darker with every passing minute. She held the girl’s chin tight, keeping her lips closed. I did not know why at first, but when fluids started to escape out her nose and mouth, no explanation was needed.

“Only if she would open her eyes,” the woman says, between sobs. I touched the girl’s forehead. Near the bed stood a another little girl in tears, no older than 10. The girl on the bed is her younger sister. I notice my best friend had just walked in, so asked her to take the girl outside.

“Where is the father?” I ask, as there was no man to be seen, except for a teenage boy. The woman explained that the girl’s father had abandoned the family a long time ago. Her sister has been raising the two children on her own all these years, with not a penny from the husband who had left her before the girl’s birth.

I could only imagine the mother’s sorrow. She was speaking with two police officers outside the ward. They ask her what happened.

“She was born with a hole in her heart. The doctor said she needed surgery in three months. I could not get enough money to do the operation.” The mother burst into tears.

A policeman asks if she has any complaints with the hospital.

“Why would I have a complaint with the hospital?” The woman cried. “I don’t. I only have complaints with myself. I am the mother. It was my responsibility to keep my children safe and raise them. I failed. It is my fault she is dead.”

Though I am a stranger and have no right to interfere in that family’s matter, I could not stop myself from speaking out.

“Please don’t blame yourself sister. Life and death is beyond our control. It’s not your fault. You did everything you could.”

The grief-stricken mother smiles, and walks back into the room with her elder daughter to say her final goodbyes.

Though I had told her the death of her child was beyond her control, I could not help but think that the little girl would be alive today if she could have had that life-saving operation.

Outraged, I told the policeman to find the father. “He should be held responsible,” I contended.

Inoo later told me that she had taken the elder daughter out for a walk. The girl told her: “My father will be very happy my younger sister is dead.” We both were dumb-struck.

It was time for Inoo’s mother to be transferred to the maternity ward. I conveyed my condolences to the family and followed my best friend. She was finally able to hold her baby brother. Everyone looked so happy.

I remained confused. I caressed the baby’s soft cheeks and walked out, leaving the family to welcome the new member into their home, as another family outside were preparing for their little girl’s funeral.

In one night, I had touched life and death.

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Death penalty can be executed, says Chief Justice Faiz

The death penalty can be executed within the existing justice system of the Maldives, Chief Justice Ahmed Faiz has said.

Following the moment of silence observed outside the High Court on Wednesday afternoon in honor of the lawyer Ahmed Najeeb, who was found brutally stabbed to death this week, the Chief Justice told reporters that Maldives legal system is based on  Islamic Sharia which allows the death penalty to be implemented.

Due to increasing criminal related deaths in the country, mainly due to the gang violence that expanded into an alarming level in the country, the public sentiment for implementing capital punishment is growing stronger.

Following Najeeb’s murder – the sixth  homicide recorded this year alone – Home Minister Mohamed Jameel Ahmed and Attorney General Aishath Azima Shakoor, as well as and other prominent lawyers and lawmakers, have publicly endorsed their support for implementing capital punishment to deter increasing crime rates.

According to Chief Justice Faiz, each and every ruling of the court must be enforced for the country to see the effectiveness of the judiciary.

More than 10 people have been sentenced to death in the past decade, out of which none have been executed by the authorities tasked with the role, he observed.

For the past 60 years, the state has been commuting these death sentences to life imprisonment (25 years).

“The Maldives judicial system is constructed in a manner whereby another body is responsible to enforce the punishment once it is decided by the court,” Faiz explained.

“Not only in murder cases, but if all court verdicts on all crimes are properly enforced,  we will see the [positive] outcomes of these verdicts,” the Supreme court judge noted.

A motion related to death penalty  is currently being reviewed by the parliament which, if passed, will make the enforcement of the death penalty mandatory in the event it is upheld by the Supreme Court, halting the current practice of the President commuting such sentences to life imprisonment.

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