Revised law strips Nasheed of MDP’s presidency

MPs of the ruling Progressive Party of the Maldives have passed a law which will effectively strip former president Mohamed Nasheed of the presidency of the opposition Maldivian Democratic Party (MDP).

The amendment to the Prisons and Parole Act was passed today with 40 votes and prohibits inmates from holding high level posts in political parties.

Nasheed, who co-founded the MDP, will lose his party presidency because of a terrorism conviction last month relating to the detention of a judge during his period in power.

He was jailed for 13 years after the Criminal Court found him guilty of terrorism in a case his party says represented a politically-led campaign against him by the government of President Abdulla Yameen.

The bill was previously passed by the People’s Majlis on March 30. However, president Yameen vetoed it as the original proposal prohibited all prisoners from holding membership in political parties and non governmental organisations.

The Attorney General’s Office has reportedly said the original amendment infringes on the constitutional right to freedom of association.

The law was passed amid protests by opposition MPs, who had draped a large yellow banner behind the speaker’s desk calling for Nasheed’s release.

MDP MP Eva Abdulla told Minivan News today that the new law is proof the “government is using its majority in parliament to amend laws specifically targeting President Nasheed.” 

“They have done all but name him in this new amendment. It shows just how personal and political the arrest and sentencing of President Nasheed is,” she said.

Ruling coalition MPs also revised the Majlis regulations yesterday, preventing any MPs who protest inside the Majlis from receiving a MVR20,000 (US$1,290) allowance.

Opposition MPs have been disrupting parliamentary sittings since the Majlis reconvened this year on March 2 over Nasheed’s arrest and alleged constitutional breaches by the government.

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Opposition, police raise fears of violence on May Day

The opposition and police have raised fears of violence at a mass antigovernment protest on May Day, as a political crisis triggered by the jailing of ex president Mohamed Nasheed deepens.

The religious conservative Adhaalath Party has accused government ministers of planning to release convicts on Friday to incite violence as a pretext to crack down on protesters.

The police meanwhile told opposition leaders they have received reports that the demonstration will not be peaceful, and have ramped up riot training exercises for its special forces this week.

Tensions are high in Malé with the opposition Maldivians against brutality coalition vowing to bring 25,000 people out on to the capital’s streets demanding Nasheed and ex defence minister Mohamed Nazim’s release. But president Abdulla Yameen has labeled the opposition’s demands unconstitutional and has said he will not negotiate or resign on May Day.

Adhaalath Party president Sheikh Abdulla Imran speaking at a rally in Malé’s suburb Vilimalé accused Tourism Minister Ahmed Adeeb of seeking the release of 200 dangerous criminals to “shed blood” on May Day.

“Adeeb has sent a 200 strong list of the most dangerous and vile criminals to the courts seeking their release, in order to confront protesters,” said Imran.

The sheikh has also previously accused Adeeb of corruption and illicit connections with gangs.

Speaking to Minivan News Adeeb dismissed the allegations, saying the opposition must ask state institutions to investigate any allegations of wrong doing.

“I don’t think they will be able to do much on May Day,” he said.

The tourism minister had previously challenged the opposition to a confrontation on May Day, saying that the government “will not tolerate any bloodshed of or even a scrape on any young person, police officers or military officers.”

“Even if its May 1, June 1 or that grand February 27, if you dare to confront us, come, this government stands ready,” Adeeb said.

Over 10,000 opposition supporters took to the streets of Malé on February 27 following Nasheed’s arrest, but the rally was unexpectedly called off at 6pm when the police threatened a crackdown.

Police are meanwhile continuing riot trainings for its Specialist Operations unit at Feydhoo Finolhu Island.

The police held separate meetings with the Maldivian Democratic Party (MDP) and the Jumhooree Party (JP) yesterday, according to a statement.

Superintendent of police Abdulla Shareef told MDP chairperson Ali Waheed that opposition politicians were inciting violence at daily protests and threatening the country’s independence and sovereignty. He said the police will take actions against any acts that violate rights.

The MDP and JP however assured the police the protest would be peaceful and will respect the law, the statement said.

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Ex president transferred to high security prison

Former president Mohamed Nasheed was transferred from a low security prison to a maximum security jail located close to the capital Malé last night.

The opposition leader’s lawyers have raised concern over what they say is an arbitrary transfer from one jail to another which is located on two different islands, and say his family was not given notice before the transfer.

Lawyers said they had visited Nasheed in Asseyri jail on Himmafushi Island on Monday afternoon but the corrections department had not informed them of an impending transfer.

Nasheed’s family and the main opposition Maldivian Democratic Party have repeatedly expressed concern over alleged plots by the government to assassinate the opposition leader. But the government has dismissed the allegations as slanderous and baseless.

The opposition is meanwhile planning a 25,000 strong march in the capital Malé on Friday demanding the government free Nasheed and other politicians.

The former president is serving a 13-year jail term on terrorism charges relating to the detention of a judge during his tenure. He was convicted on March 13, but was held under police custody at the Dhoonidhoo Island remand centre until his transfer to Asseyri Jail on April 21.

Home minister Umar Naseer announced Nasheed’s transfer to Maafushi Jail at 10:30pm last night in a tweet.

The home ministry has previously said the special apartment constructed for Nasheed measures 264-square foot, with a sitting room and is furnished with air-conditioning, a television and VCD player.

The special apartment will also have a 1,087 square foot garden and Nasheed would be able to “live with other inmate friends.”

Nasheed’s lawyers have also raised concern over the identity of the “inmate friends” Nasheed is to be incarcerated with, and say the prison apartment is located adjacent to the prison garbage dump and is “highly unsanitary.”

The human rights commission of the Maldives had previously said old cells at the location were unfit for human habitation.

Lawyers said family visits and phone calls to the family have been restricted since his transfer to jail.

However, the home ministry says the former president’s family and supporters have no reason for concern stating: “Nasheed is fully under the security and protection of Maldives Correctional Services. He will get the security and protection from the correctional services. Plus he is a VIP prisoner, so he will be offered comforts including TV and so on”.

“This is not a sudden transfer,” home ministry spokesperson Thazmeel Abdul Samad said, adding Nasheed was transferred to Maafushi as soon as the prison apartment was completed.

Nasheed’s trial was widely criticised by foreign governments, international human rights organisations and the UN for its lack of due process.

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President dismisses calls for resignation

President Abdulla Yameen says he will not resign or negotiate with the opposition despite the threat of mass antigovernment protests on May Day.

The Maldivians against brutality coalition says it will bring out 25,000 people on to the streets of the capital on Friday, and has called on president Yameen to initiate talks immediately and free imprisoned former president Mohamed Nasheed and ex defence minister Mohamed Nazim.

But the president at a press conference today reiterated his belief that there was no room for negotiations in court verdicts and said ordinary Maldivians are not facing any difficulties in their day to day life.

“There is no reason for me to resign. The opposition shouting out what ever they like is no reason for a president to resign,” he said.

“As I govern, I am the first to take the initiative to resolve issues arising from my mistakes. They have not said anything substantial as of yet.”

The criminal court last month sentenced Nasheed to 13 years in jail on terrorism and Nazim to 11 years on weapons smuggling. Foreign governments and international rights groups have condemned the trials for lack of due process.

Tens of thousands have signed a petition urging president Yameen to free Nasheed. The opposition leader’s lawyers say the Clemency Act authorizes the president to shorten an inmate’s sentence to any period depending on the circumstances surrounding the prisoner’s conviction.

But Yameen today dismissed calls for Nasheed’s freedom, stating: “MDP says president Yameen can release president Nasheed even tomorrow. President Yameen will not release president Nasheed tomorrow. He is serving a sentence. The sentence can only be reduced according to due process.”

The coalition – made up of MDP, religious conservative Adhaalath Party, members of the Jumhooree Party and independent MPs – says it will end the government’s tyranny on May Day. Opposition politicians have been traveling across the country in recent weeks urging supporters to converge on the capital on May 1. Meanwhile, daily small scale protests are continuing.

But president Yameen says he faces no pressure stating: “I would like to say, May 1 will once again mark a day where the rule of law is upheld in the Maldives.”

“May 1 is coming. I will wait and watch. Those who violate the laws must know they will be punished. We have been advising [the opposition] through the relevant institutions. We will not allow [the opposition] to bring out young people and put them behind bars,” he said.

He accused the opposition of inciting violence and undermining the rule of law by using religion as a shield, and advised the opposition to cease its efforts immediately.

Last week, tourism minister Ahmed Adeeb challenged the opposition to a confrontation on May Day.

The government has said Nasheed and Nazim must appeal their sentences, but the opposition says it has no faith in the judiciary saying the president controls the judiciary.

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A hundred Maldivians awaiting evacuation in Nepal

Nearly a hundred Maldivian students and their families are awaiting evacuation from Nepal after Saturday’s earthquake which has killed over 3000 people and left thousands more injured and homeless.

All Maldivians are safe, the foreign ministry has confirmed.

Foreign minister Dunya Maumoon says flights are on standby for clearance from India to use the country’s airspace, according to Haveeru. 

Majority of the Maldivians in Nepal are at the capital Kathmandu’s police academy grounds, and will be brought back within 48 hours, a senior official at the foreign ministry told Minivan News.

The Maldivian honorary consul in Nepal is providing food, water and blankets, the foreign ministry has said.

Some 14 Maldivians in south eastern Biratnagar have crossed over to India. The foreign ministry said it has faced some challenges in tracking down all Maldivians in Nepal, and said the consul is transporting Maldivians in other areas of the country to Kathmandu.

The Islamic ministry is also allocating funds from its Zakat fund for evacuation, the foreign ministry said.

President’s office spokesperson Ibrahim Muaz tweeted last night that the evacuation flight is sponsored by the tourism industry.

Nepal was struck with a 7.8 magnitude on April 25. Recent reports from the BBC suggest that the official death toll will climb as rescue efforts continue. Thousands of people are believed to be trapped under rubble. The earthquake also triggered an avalanche on Mount Everest and damaging its base camp. The quake has destroyed thousands of buildings and historic monuments.

The Maldivian red crescent and the Maldivian medical association have set up a Nepal relief fund to collect money for relief efforts. Many Maldivian medical students in Kathmandu are reported to be helping out at hospitals. 

Telecoms providers Ooredoo and Dhiraagu have announced they will not levy charges for calls to Nepal for the next three days to enable customers to get in touch with family members in Nepal.

President Abdulla Yameen on Saturday sent a message of sympathy to the Nepalese Prime Minister Sushil Koirala, stating: “At this hour of deep distress, the people of the Maldives stand together with our Nepalese friends, while wishing the recovery efforts every success.”

The opposition Maldivian Democratic Party said that the party was “profoundly saddened by the loss of lives, and great damages” caused by the earthquake.

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Government offers ‘corporate resident visas’ for foreign investors

The government has introduced corporate residence visas for foreign entrepreneurs who have invested more than US$50 million in the Maldives.

The new corporate resident Maldives scheme “aims to provide foreign investors in the Maldives with privileged and fast-track services,” according to the economic development ministry.

“My government will accord hospitality to all foreign investors who come here. We will accord safety and satisfaction to all of the foreign investors who are here. We would like foreign investors to feel like friends among friends, Maldivians among Maldivians,” said president Abdulla Yameen at a ceremony last night.

The government is seeking “to attract net worth high value investments” to the Maldives, he added.

The corporate resident visa holders will belong to “a privileged, elitist club,” Yameen said. Card holders will have permanent residency and will not have to wait in queues at immigration.

President Yameen handed out entitlement certificates under the scheme to the Bahrain Telecommunications Company (Batelco), Housing Development Finance Corporation, Seaplane Holdings, Mauritius Commercial Bank, and Hitachi.

Yameen said foreign investments are essential for the government to realise its ambition of “transforming the economy” through diversification and ‘mega projects.’

“This is the only way we believe third world countries, small countries like Maldives, can prosper and transform our economy,” Yameen said in his remarks in English.

The opposition has previously criticised the lack of significant foreign investments despite assurances from the government following the passage of its flagship special economic zones legislation in August last year.

The main opposition Maldivian Democratic Party recently alleged corruption in a deal with Dubai Ports World to develop a commercial port and free trade zone near Malé.

The opposition also contends that the previous administration’s abrupt termination of a contract with Indian company GMR to develop the international airport has irreparably damaged investor confidence. The Indian infrastructure giant is seeking US$803 million as compensation.

“New horizons”

Maldivians at first looked at foreign investments with “suspicion,” Yameen said, but “those days are long past gone.”

“We are looking at foreign investments as part and parcel of our economic development. We welcome foreign investments as partners in our developmental work,” he said.

Yameen said “the most important, most successful, thriving businesses flourishing across the Maldivian economy belong to foreign investors, either joint venture investors or 100 percent foreign investors.”

“There are no strings attached to foreign investments in the Maldives. Foreign investments can come in 100 percent foreign or it could be a collaborative effort with joint venture Maldivian partners,” he said.

“Foreign investors have naturally permeated into the Maldivian economy, that is why today we open our doors with gracious welcome to all the foreign investors.”

The government has invited foreign investors to consider “challenging and attractive investment opportunities” such as the iHavan transhipment port project.

Referring to the Hulhumalé bridge project, Yameen said the reclaimed island “is going to be an ample, resource-bound area for investors, be it housing or be it infrastructure provision.”

The government is also “looking at a brand new international airport that is capable of handling around seven million passengers” and exploring “new horizons of economic development.”

“Maldivian youth aspirations are tremendous. They are enormous. It is from housing to jobs and also to improving their wellbeing. The only way to do this is to attract our doors to all foreign investments who want to invest in major, major investments here,” he said.

The US$300 or US$400 million bridge project is “enormous” for the Maldives with its per capita income of about US$7,000, Yameen said.

“What it entails is not only growth, what it entails is assurance of jobs for Maldivian youth,” he said.

The government is committed to improving the livelihoods of the people, “no matter what you hear on the roads of Malé.”

Yameen also appealed to government staff to be “hospitable, speedy and efficient in delivery of service.”

Service provision should be “seamless,” he continued, “so no hiccups, no nonsense, that is the only way the so-called one-stop shop is going to work.”

Economic returns in the Maldives is “as good as any you can have,” he said, noting that investments in tourism can be recovered in four or five years.

The Maldives is also “a low tax country” with a comparatively low business profit tax, he said.

“This is a safe place for investments, this is safer than the safest place elsewhere on the earth,” Yameen said.

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Riot police conduct training exercises ahead of May Day rally

Specialist Operations (SO) police officers have conducted training exercises ahead of an anti-government mass rally on May 1.

The opposition alliance, made up of the main opposition Maldivian Democratic Party (MDP), the Adhaalath Party (AP) and leaders of business tycoon Gasim Ibrahim’s Jumhoory Party (JP), expects at least 25,000 people to take part in the May Day protest.

MDP vice president Mohamed Shifaz told Minivan News that the alliance does not expect a heavy-handed crackdown from police.

“We are not talking about overthrowing the government on May Day. We want an end to the brutality shown against Maldivian citizens by president [Abdulla] Yameen’s government,” he said.

Leaders of the opposition alliance have been traveling across the country in recent days, holding rallies and urging opposition supporters to converge on the capital on May 1.

Last week, tourism minister Ahmed Adeeb challenged the opposition to a confrontation on May Day, prompting fears of a stand-off and civil unrest.

Opposition leaders have said the mass rally will force president Yameen to “come to the negotiating table” and discuss the release of imprisoned ex-president Mohamed Nasheed and ex-defence minister Mohamed Nazim.

The SO training meanwhile took place on the island of Feydhoo Finolhu during the weekend and involved exercises on controlling protests.

Police said the first round of the training session has concluded and all SO officers and other officers transferred to the department participated in the exercises.

Similar exercises were carried out with stun guns and grenades ahead of an MDP-JP mass rally on February 27.

In a sermon in Malé on Thursday night – attended by senior members of the allied parties – head of the AP’s religious scholars’ council, Sheikh Ilyas Hussain called on the police and military not to “brutalise” any Maldivian citizen.

Ilyas urged police to disregard orders from superiors to use force against the public.

Meanwhile, speaking at a futsal stadium opening event in Lhaviyani Naifaru on the same night, Adeeb said the current government cannot be overthrown through street protests.

The deputy leader of the ruling Progressive Party of Maldives said only 60 or 70 people were taking part in the nightly protests.

The opposition alliance “cannot do anything,” he said.

In response, Shifaz said today that the rally on February 27 had considerably more than 60 or 70 people.

“We are doing what an opposition party is supposed to do,” he said.

Shifaz said it was inappropriate for a minister to mock and challenge the opposition.

He suggested that Adeeb and other senior government officials were “unfamiliar” with the new democratic constitution and multi-party democracy.

“We were there even at the start of the work and awareness of democracy. Maybe Adeeb is too young to be familiar with ruling through a democratic system and the constitution. How can such people rule the country?” he asked.

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New city council office infested with rats and fungus

New office space offered to Malé city council office by the government is infested with rats and fungus, says deputy mayor Shifa Mohamed.

The housing minister ordered the opposition-dominated council last week to vacate the city hall building at Galolhu Billoorijehige and move to smaller offices at the Huravee building within seven days.

Shifa told Minivan News today that the council has shared numerous concerns regarding safety and hygiene with the civil service commission.

“There is fungus on the walls of the building. The building has a pungent smell and there are rats and rat holes everywhere,” she said.

Nearly 60 civil service staff at the council have filed a petition at commission, saying the building is unfit for office work.

The city hall takeover was the latest incident in a long-running power struggle between the ministry and the council. Earlier this year, the ministry transferred a third of the council’s employees to the ministry.

Shifa said the council has asked the ministry for an extension of the seven-day deadline for the move, but is yet to receive a response.

“The ministry is not responding to any political staff at the city council,” she said.

Services provided to the public could be interrupted if the ministry does not grant an extension, she added.

Local media observed cracks on the walls, several rat holes and waste leaking onto the carpet floor of the new office.

Civil service commission president Dr Mohamed Latheef declined to comment on the state of the building until the council officially requests for assistance.

“We do not want to get involved with the matter,” he said.

However, he assured assistance and an inquiry as soon as the council officially files a complaint.

The letter evicting the council from city hall was signed by acting housing minister Thoriq Ibrahim.

The ministry also ordered the council to hand over the compound building the Billoorijehige building and the local market.

Thoriq said the cabinet had decided on April 19 that the building was better suited for government offices.

The housing ministry did not consult the council on the issue before the decision, and Shifa claimed the lack of communication “was enough proof that the cabinet’s decision was political.”

In November last year, the council was shut down after police confiscated several hard drives and documents saying the council was using the documents to gain “unlawful advantages.”

In October, masked individuals wielding machetes uprooted all of Malé City’s Areca palms. When the council attempted to replant the trees, the cabinet announced the council no longer had power over the city roads.

Shifa has previously suggested that the government was ‘destroying decentralisation’ after the housing ministry seized numerous plots of land from the council including two parks, the artificial beach, the carnival area, the south harbour area, Usfasgandu, Dharubaaruge, and the area near the T-Jetty.

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Legal status of penal code thrown into doubt

The new penal code is now in force despite parliament delaying its enforcement to July 16, the state human rights watchdog and prominent lawyers have contended .

A provision for postponing implementation of the new penal code was included in an amendment bill passed on April 12, a day before the new law was due to come into force.

The new penal code was ratified on April 13, 2014 with a one-year period for preparation.

The bill changed the date of enforcement from April 13 this year to July 16.

However, the bill stated that the amendments – including the provision for postponement – “will come into force starting from July 16, 2015.”

The provision for postponement was therefore inconsequential as it has not become law, the Human Rights Commission of Maldives (HRCM) and lawyers Maumoon Hameed and Shaheen Hameed argued.

By following the old penal code, Maumoon Hameed said the state is presently enforcing “a law that does not exist.”

The HRCM wrote to the attorney general and prosecutor general last week seeking clarification of the legal dispute, saying it is unclear which criminal law the police, prosecutors, and courts are presently following.

The commission said it was “extremely concerned” about resulting human rights violations in the investigative and judicial processes.

Prosecutor general Muhthaz Muhsin told Minivan News that “as a common rule the old penal code would be in force now”.

“I cannot say anything specifically about the issue until the office has responded to the HRCM’s letter. Also, it is not my role to criticise laws but rather uphold it,” he said.

Former Chief Justice Ahmed Faiz meanwhile dismissed the legal questions surrounding the penal code as an unjustifiably narrow approach in interpreting the law.

He said the “amendment makes it clear that the new penal code will come into effect starting July 16.”

“The amendment will also become part of the law. So the penal code now states the date it would come in to effect. We cannot simply single out one article and interpret the whole law. I think it’s quite clear,” he told Minivan News.

However, lawyers Maumoon Hameed and Shaheen Hameed insisted that the new penal code has replaced the old law.

There are presently no obstacles to enforcing the new penal code, Maumoon Hameed told Minivan News today.

“The new penal code states the old law would be dissolved when the latter law comes into effect. So I believe that the state is implementing a law that does not exist,” Hameed said.

Shaheen Hameed, former deputy speaker of parliament, also said he believes “the new penal code is in effect now”.

The current penal code was adopted in the 1960s and has been widely criticised as outdated, draconian and unsuited to the 2008 constitution.

The main opposition Maldivian Democratic Party had said the postponement was a “politically motivated attempt to continue using the current penal code as a means to harass and intimidate the opposition.”

Under the new code, the punishment for protesters who do not have a criminal record will be less severe as judges are required to take mitigating factors into consideration under new sentencing procedures.

However, the ruling party said more time was needed to raise public awareness and address concerns of religious scholars.

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