Category: Politics

Government accuses Amnesty of colluding with MDP to tarnish Maldives’ image

The government has accused Amnesty International of tarnishing the Maldives’ image in collusion with the opposition, dismissing its concerns of a crackdown on human rights as “preposterous fabrications with zero truth”.

Amnesty’s observations of a “rapidly deteriorating” human rights situation are “fallacious”, contended foreign minister Dunya Maumoon, accusing the organisation of seeking to “undermine and defame the Maldives judiciary and its national institutions.”

“The general human rights situation in the Maldives has been improving steadily especially following the reform agenda launched in 2004 leading to the ushering in of a modern constitution in 2008,” she insisted in a statement on Friday.

“Additional impetus has been seen during President [Abdulla] Yameen’s government in terms of promotion and protection of human rights.”

The enactment of 18 pieces of legislation under the current administration is “an unparalleled record in the history of the Maldives,” she added.

Amnesty had said in a report last week that the government is cracking down on peaceful protests, stifling dissent, and “abusing the judicial system” to imprison opposition politicians.

“Ludicrous”

Amnesty’s allegation of police attacking peaceful protesters “is ludicrous and an absolute lie”, Dunya said.

The nightly anti-government protests staged by the opposition coalition in the capital “attract an extremely small crowd, and the police are able to control the protest well and ensure peace and security for all citizens of Malé.”

“The opposition MDP have however, by contrast, in the past been responsible for systematic acts of arson and other violent acts,” the ministry claimed.

MDP spokesperson Imthiyaz Fahmy told Minivan News today that Dunya was speaking on behalf of the Gayoom family. Dunya is the daughter of ex-president Maumoon Abdul Gayoom and niece of president Yameen.

“Foreign minister Dunya Maumoon sounds like North Korea when she keeps rejecting any concern raised by any international organisation, be it Amnesty, the Commonwealth, European Union, United Nations or even concerns raised by friendly countries,” he said.

“This says it all. The government has no intention at all to protect human rights in the country and come into line with the internationally recognised standards.”

Engagement

Amnesty’s briefing report titled ‘Assault on civil and political rights’ was released after a delegation conducted a fact-finding mission in the Maldives from April 17 to 22.

The delegation said it sought meetings with government officials and a visit to Dhoonidhoo detention centre to meet ex-president Nasheed, but the foreign ministry offered to facilitate the meetings in May.

However, Dunya said the delegation visited the Maldives on April 27 despite a mutual agreement to schedule a visit for May and “choose to meet with only officials and supporters of former President Nasheed’s opposition Maldivian Democratic Party (MDP).”

The ministry said it has facilitated visits to Nasheed in prison by the International Committee of the Red Cross, the Commonwealth, and the Office of the High Commissioner for Human Rights. 

“The government of Maldives maintains its engagement first policy and continues to hold constructive dialogue with its international partners, including international non-governmental organisations that are serious about and value such dialogue,” it said.

“Sham trial”

After launching the briefing at a press conference in Delhi last Thursday, Abbas Faiz, Amnesty International’s Maldives researcher, said Nasheed’s imprisonment “came after a sham trial.”

“It is disturbing how far the Maldives government has co-opted the judiciary as a tool to cement its own hold on power,” he said.

Nasheed was sentenced to 13 years in prison last month after a 19-day trial widely criticised by foreign governments and the UN for its apparent lack of due process.

However, the foreign ministry said Amnesty’s accusations about Nasheed’s trial are “without any basis.”

Nasheed was sentenced for the “abduction and enforced disappearance” of criminal court chief judge Abdulla Mohamed in January 2012.

“President Nasheed has been tried, convicted and sentenced for this heinous crime as per Maldivian laws,” the ministry said.

“His rights were assured to him and he chose not to appeal the verdict or sentence of Criminal Court. Amnesty through its baseless allegations once again seeks to undermine and defame the Maldives judiciary and its national institutions.”

Amnesty had said it “welcomes the investigation of alleged past human rights abuses committed in the Maldives, but the organisation remains concerned that the case pursued against Mohamed Nasheed was politically motivated and selective” as human rights abuses under both the current and previous presidents remain unaddressed.

“Amnesty International is also concerned that the outcome of the trial appeared to have been predetermined to procure a conviction against Nasheed even before the trial began,” the briefing stated.

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‘Peace offering’ met with pepper spray and arrests

Three activists were arrested from a youth-led opposition protest march yesterday after making a “peace offering” of white roses to riot police.

Specialist Operations (SO) police officers blocked the march at Orchid Magu, issued warnings of dispersal by force, and used pepper spray against protesters after the roses were laid at their feet, Mohamed Azmeel, president of the main opposition Maldivian Democratic Party’s (MDP) youth wing, told Minivan News today.

“White roses are used everywhere in the world as a peace offering. A group of youth offered white roses to police to show that we are peaceful. But they didn’t accept and pepper sprayed us,” he said.

He noted that the three activists taken into custody were among the group that offered roses to police.

The protest march dubbed ‘Heylaa’ (Wake Up) was organised by youth activists of the opposition alliance, made up of the MDP, the religious conservative Adhaalath Party, and the Jumhooree Party, with the aim of “bringing an end to brutality”.

The alliance has been staging nightly protests in Malé against what they call the government’s persecution of opposition political leaders. Former president Mohamed Nasheed and ex-defence minister Mohamed Nazim were sentenced last month to 13 years and 11 years in jail, respectively, on terrorism and weapon smuggling charges.

At least 140 protesters have been arrested since February. The MDP has previously accused SO officers of instigating a “coup d’etat” in February 2012 that led to then-president Nasheed’s resignation and of using excessive force against protesters.

The MDP youth wing has said protesters wore white t-shirts yesterday to “symbolise peace and friendship” while the white roses were offered to show that protesters were not seeking a violent confrontation.

Azmeel said he did not understand why police had to use pepper spray or make arrests as protesters did not attempt to break police lines.

He noted that police had not put up barricades on Orchid Magu.

A police media official said the three men were arrested for “disobeying orders” and “obstructing police duty.”

One protester was released “after giving advice” last night, he said, and police have not decided whether to seek extension of remand detention for the pair still under arrest.

Azmeel insisted that the march was peaceful and that protesters did not disobey orders.

“Disobeying orders would be crossing a barricade or refusing to take a route they showed. But none of that occurred there,” he said.

At least 150 youth led the march on Friday afternoon, Azmeel said, which began around 4:30pm at the Usfasgandu area and made its way west on the capital’s main thoroughfare, Majeedhee Magu.

The protest march stopped at various locations where youth leaders made speeches, he noted, adding that police had told protesters not to stop.

The march ended with a prayer for the safety of opposition leader Nasheed and other detainees.

Azmeel said the purpose of the march was “to raise concerns of youth and raise our voices.” The march was part of opposition activities in the run-up to a mass anti-government rally planned for May 1.

Last week, tourism minister Ahmed Adeeb challenged the opposition to a confrontation on May 1, prompting fears of a stand-off and civil unrest.

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MDP MP appeals for Indian pressure to release Nasheed

An opposition Maldivian Democratic Party (MDP) MP has appealed for Indian prime minister Narendra Modi’s help to secure the release of imprisoned ex-president Mohamed Nasheed.

The disappearance of Minivan News journalist Ahmed Rilwan, death threats against journalists and human rights defenders, and an arson attack against opposition-aligned Raajje TV are “symptomatic of the Maldives’ slide into tyranny,” MP Eva Abdulla wrote in a letter to the Indian prime minister.

“I hope you can use your good offices to pressure the Maldivian government to release President Nasheed and other political prisoners, return to rule of law, uphold the constitution and protect the basic human rights of all Maldivians,” reads the letter sent on April 22.

Eva’s appeal was echoed by Amnesty International last week, which warned that the human rights situation in the Maldives is “rapidly deteriorating” with the government cracking down on peaceful protests, stifling dissent, and imprisoning opposition politicians.

Raghu Menon, Amnesty International India’s advocacy coordinator, said India as a regional power “has a responsibility to work towards a human rights-friendly environment in the Maldives.”

The ruling coalition has previously condemned calls for Indian intervention as “irresponsible”.

“Urging India to intervene in a sovereign nation’s internal affairs is a betrayal of our constitution. Its results will be bitter, especially on the Maldivian public,” majority leader of parliament Ahmed Nihan told Minivan News after Nasheed urged India before his arrest in February to ensure the security of opposition politicians.

Foreign minister Dunya Maumoon has also expressed confidence that India “will not intervene in domestic politics of Maldives.”

Following Nasheed’s arrest and prosecution on controversial terrorism charges, Modi dropped the Maldives from a tour of Indian Ocean neighbours in early March.

Nasheed was sentenced to 13 years in prison last month on terrorism charges related to the military’s detention of a judge during his tenure. The 19-day trial was widely criticised by foreign governments, the UN, and Amnesty International for its apparent lack of due process.

“Slide towards dictatorship”

Rilwan’s disappearance on August 8 in a suspected abduction “highlights the nature of today’s Maldives, where the rule by fear has taken the place of rule of law,” Eva wrote.

The government’s commitment to finding Rilwan was “questionable” as president Abdulla Yameen refused to comment on the disappearance.

“Of the many human rights abuses that have taken place in the Maldives, Rilwan’s has resonated across the country for its encapsulation of every fear within our society,” she said, adding that the disappearance came after “months of intimidation against journalists, civil society, and independent institutions.”

The public was still awaiting answers, she continued, as police have not “credibly” investigated the murder of former MP Afrasheem Ali, the attempted murder of Raajje TV journalist Ibrahim Waheed ‘Asward’, and the torching of Raajje TV’s studios.

Eva accused the current administration of using its parliamentary majority to “crush dissent, eliminate political opposition and make laws to facilitate executive and judicial tyranny” and offering immunity from prosecution to violent gangs that operate with impunity.

“An impunity and patronage the government makes no attempt to hide,” she added.

She further contended that “confessions through torture, show trials, and state sponsored violence” of the autocratic past have returned under president Yameen.

However, Eva said “Maldivians refuse to be cowed by president Yameen’s authoritarian tactics” and have taken to the streets to protest against “the slide towards dictatorship.”

“In tightening its grip, the regime appears to be losing it,” she suggested.

“More political parties, politicians and activists are leaving the regime and joining the opposition coalition.”

The Indian government has “the power to make a difference in the Maldives” and had been crucial to the success of the democratic reform movement that culminated in the adoption of a rights-based constitution and multi-party elections in 2008.

“The movement cannot end yet, we have come too far to leave this conflict to our children,” she wrote.

“So we ask India’s help again. I believe it is in India’s interest to see the Maldives return to the democratic path. We cannot afford another failed Muslim democracy, nor a front of instability in the Indian Ocean.”

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Government dismisses ‘slanderous’ allegation of plot to assassinate Nasheed

The government has dismissed allegations of a plot by senior officials to assassinate imprisoned ex-president Mohamed Nasheed as “slanderous.”

The Maldivian Democratic Party (MDP) said today that credible sources have informed the main opposition party and Nasheed’s family that a senior government official has recently obtained powerful anaesthetics drugs to use against the opposition leader.

“If bringing in medicine for treatment to a prison where president Nasheed is being kept is considered as intended to harm an inmate, that is a big joke,” president’s office spokesperson Ibrahim Muaz Ali told Minivan News today.

The allegation is baseless and “slanderous,” he added. Muaz suggested the MDP should file cases with the relevant authorities.

Nasheed is serving a 13-year jail sentence relating to the military’s detention of a judge during his administration.

Following his transfer from police custody to a low security jail on Tuesday, Nasheed’s lawyers expressed concern with the police’s failure to inform the former president’s legal team or his family.

Former first lady Laila Ali appealed to president Abdulla Yameen for assurances of Nasheed’s safety last month, saying she had received information from credible sources of a likely attempt on his life.

Home minister Umar Naseer has previously said the government “guarantees the safety, welfare and protection of former president Mohamed Nasheed while in custody.”

Commissioner of prisons Mohamed Husham told Minivan News that a special team is in charge of ensuring Nasheed’s security, including a specially trained officer.

“If we receive information of such a threat we take action for the inmate’s safety. But some people may try to take advantage if details of such procedures are shared with the public,” he said.

The MDP claimed a senior government official obtained anaesthesia medicine, including chloroform, from an official in the health sector some days ago.

An official from the health ministry, who wished to remain anonymous, told Minivan News that anaesthetic drugs were controlled substances and special permits were required before the medicine is released.

The drugs are mainly used by specialist doctors to induce loss of consciousness for surgeries and records are kept of the inventory, the official said.

Meanwhile, responding to Muaz’s remarks, MDP spokesperson Imthiyaz Fahmy said Nasheed’s trial is considered “a worldwide joke”.

The government broke all domestic and international rules in unfairly sentencing Nasheed, he contended, adding that the information came from a reliable source.

“We cannot believe such rule breakers will not do this. When it comes to such matters we do not know what they may or may not do,” he said.

“This country is run through state-sponsored terrorism. Impunity and lawlessness prevail. This is the kind of government ruling us today. So as long as this government is in power anything is possible.”

Imthiyaz said international best practice requires the state to inform an inmate’s lawyer or family before transfer to a different prison.

The MDP also called on the Human Rights Commission of the Maldives, relevant authorities, friendly nations, and international organisations to take steps to ensure the safety of the former president.

Human rights commissioner Ahmed Tholal told Minivan News that members of the commission have visited the ‘Asseyri’ jail in Himmafushi for an inspection.

The members checked Nasheed’s cell and ensured that he was being treated in accordance with prison regulations.

While the members noted some problems, Tholal said the situation overall was “not bad.”

“We do take threats against people who are under state custody seriously and we are going to do everything we can with regard to such threats,” he said.

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Opposition invites civil society to join anti-government May Day rally

The opposition alliance has invited civil society groups and worker’s associations to join its anti-government May Day mass rally.

NGOs and civil society organisations have a responsibility to bring an end to the alleged injustices of the current administration, former deputy gender minister Sidhaatha Shareef told the press today.

“The civil society is the fourth power of the state. But today we see the government narrowing their rights to make them useless,” said Sidhatha, a senior member of the religious conservative Adhaalath Party.

The ‘Maldivians against brutality’ 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) claims at least 25,000 people will take part in the May Day protest.

Leaders of the alliance have been traveling across the country to rally support ahead of the demonstration, issuing stern warnings to the government and urging opposition supporters to converge on the capital on May 1.

Political tensions have been running high since the sentencing of former president Mohamed Nasheed and ex-defence defence minister Mohamed Nazim to 13 years and 11 years in jail, respectively.

Earlier this week, tourism minister Ahmed Adeeb challenged the opposition to a confrontation on May 1, prompting fears of a stand-off and civil unrest.

Mauroof Zakir, secretary general of the Tourism Employment Association of Maldives (TEAM), told Minivan News that the group will consider accepting the invitation after internal discussions.

“TEAM will analyse what would be the benefits of us joining in the rally. We will look into what the employees of the tourism industry will get from joining them,” he said.

“It is possible TEAM will decide on participating after discussions.”

The influential NGO is currently preparing a petition – with more than 5,000 signatures to date – demanding implementation of the government’s pledges to distribute resort shares to employees and establish a US$600 minimum wage.

Teachers Association of Maldives (TAM) said it will not participate in the opposition rally, stating it would affect their credibility as an association free of political influence.

“TAM is currently working on solving problems through negotiations. We wouldn’t want to be seen as an association sided with a political party or influenced by politicians,” said Ali Nazim, the secretary general of TAM.

Meanwhile, Sobah Rasheed, a senior JP member, said at today’s press conference that the political parties and the civil society are working towards a common goal.

“Today, both the civil society and the political parties are working to protect our human rights, to secure our civil rights which are increasingly being diminished by this dictatorial regime,” he said.

“This does not make the NGOs political but rather they are playing a crucial role in saving the nation.”

The government has been “brutal” in consolidating powers, contended former MDP MP Ahmed Easa, a former president of TEAM.

“Everyone knows that the civil service commission is ruled inside the president’s office. That is also brutality. Someone has to stand up for the rights of the civil servants. Trade unions, local NGOs and the political parties have a responsibility to fight for their rights,” he said.

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Maldives human rights situation ‘rapidly deteriorating’

The human rights situation in the Maldives is “rapidly deteriorating” with the government cracking down on peaceful protests, stifling dissent, and imprisoning opposition politicians, Amnesty International has said.

A delegation from the international human rights organisation conducted a fact-finding mission in the Maldives from April 17 to 22 and released a briefing report titled ‘Assault on civil and political rights’ today.

“There’s a climate of fear spreading in the Maldives, as safeguards on human rights are increasingly eroded. The authorities have a growing track record of silencing critical voices by any means necessary – be it through the police, the judicial system, or outright threats and harassment. This must end immediately,” said Abbas Faiz, Amnesty International’s Maldives researcher, after launching the briefing at a press conference in New Delhi, India.

“The international community must wake up and realise that behind the façade of a tourist paradise, there is a dark trend in the Maldives where the human rights situation is rapidly deteriorating.”

Raghu Menon, Amnesty International India’s advocacy coordinator, who was part of the fact-finding mission, said India as a regional power “has a responsibility to work towards a human rights-friendly environment in the Maldives.”

The delegation also sought meetings with government officials this week, but were offered meetings in May.

President’s office spokesperson Ibrahim Muaz Ali told Minivan News today that he did not wish to comment on the report.

“The government has invited various international organisations. So they will come and reveal [information about] their work. The government does not have to respond to each report. The government will take the initiative and respond in cases where it believes it has to,” he said.

The delegation also requested a visit to the Dhoonidhoo detention centre to meet former president Mohamed Nasheed and other detainees, but the foreign ministry offered to facilitate a visit in May.

Faiz meanwhile called on the government to “immediately end its disturbing crackdown on human rights.”

“Political tensions are already at a boiling point, and further harassment and attacks on those opposing the authorities will only make the situation spiral out of control,” he warned.

“The international community cannot turn a blind eye to what is happening in the Maldives. The upcoming UN [Universal Period Review] session in Geneva in May is a key moment to push the Maldives authorities to immediately take concrete action to improve the country’s human rights situation.”

Crackdown

Amnesty said the government was “abusing the judicial system” to imprison political opponents, including opposition leader Nasheed, ex-defence minister Mohamed Nazim, and former ruling party MP Ahmed Nazim.

“Mohamed Nasheed’s imprisonment came after a sham trial, but he is far from the only one locked up on trumped-up charges and after unfair trials. It is disturbing how far the Maldives government has co-opted the judiciary as a tool to cement its own hold on power,” said Faiz.

Amnesty also noted that at least 140 people have been arrested from opposition protests since February, with the court releasing several protesters on the condition that they do not attend protests for 30 to 60 days.

The opposition, human rights NGOS, and the prosecutor general have said the condition is unconstitutional as freedom of assembly is a fundamental right.

“Additionally, police have imposed far-ranging restrictions on where and when protests in the Maldives capital Male can take place,” Amnesty said.

“Demonstrations are only allowed in certain areas far away from official buildings, contrary to international law and standards.”

The briefing also noted increasing threats and attacks against journalists, civil society organisations, and human rights defenders, adding that police have not “meaningfully” investigated threatening text messages or phone calls.

Amnesty said that “vigilante religious groups allegedly in cahoots with the police have in recent years stepped up kidnappings and attacks on social gatherings, in particular against those accused of promoting ‘atheism.'”

“This year, such gangs have in connivance with police attacked peaceful demonstrators, yet no one has been brought to justice for these attacks.”

The briefing also noted that the Supreme Court last year charged the Human Rights Commission of the Maldives (HRCM) with “high treason and undermining the constitution” following the state watchdog’s submission on the state of human rights in the Maldives to the UPR.

Meanwhile, in an op-ed published on The New York Times this week, Mariyam Shiuna, executive director of local NGO Transparency Maldives, observed that “political persecution has intensified, civil society is silenced and media intimidation has become the norm.”

“The international community needs to put pressure on the government to halt its crackdown on opponents and dissidents from all parts of the political sphere. Without basic freedoms and space for dissent the Maldives is slipping back to the dark days of dictatorship,” she wrote.

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MDP seeks candidate to contest Dhiggaru by-election

The main opposition Maldivian Democratic Party (MDP) is seeking a candidate to contest an upcoming by-election for the vacant Dhiggaru constituency parliament seat.

The opposition alliance, made up of the MDP, the Adhaalath Party (AP), and senior leaders of the Jumhooree Party, had previously said discussions were ongoing on fielding a single candidate.

“At the discussions, opposition parties agreed to bring forward one candidate. We also agreed that the candidate will come from the MDP,” said MDP vice president Mohamed Shifaz.

The MDP announced yesterday that a primary will take place next Monday to select the party’s candidate and invited members to apply by Sunday.

The by-election, triggered by a 25-year jail sentence handed down to former ruling party MP Ahmed Nazim, is scheduled to take place on June 6.

Contestants must file candidacy papers at the Elections Commission before the end of April.

AP spokesperson Ali Zahir had previously expressed interest in contesting for the Dhiggaru seat.

However, AP secretary general Iaad Hameed told Minivan News today that the religious conservative party has not decided yet on fielding a candidate.

“We have also agreed on bringing one candidate from the opposition,” he said.

He stressed that Zahir had only expressed interest in contesting. Zahir is currently overseas and was unavailable for comment.

Meanwhile, a primary of the ruling Progressive Party of Maldives (PPM) is due to take place tomorrow between former president Maumoon Abdul Gayoom’s eldest son, Ahmed Faris Maumoon, and Meemu atoll council president Moosa Naseer.

Three other candidates who initially sought the ruling party’s ticket withdrew their candidacies this week, including Meemu atoll councillor Moosa Naseer Ahmed and deputy environment minister Mohamed Hanim.

Polling is due to take place from 2:00pm to 5:00pm on Friday in four of the five islands that make up the Dhiggaru parliamentary constituency.

The five islands in the constituency are Dhiggaru, Madduvari, Veyvah, Muli and Raimmandhoo. Arrangements have been made for party members from Raimmandhoo to vote in other islands.

The by-election is expected to be hotly contested amid heightened political tension following the jailing of former president Mohamed Nasheed and ex-defence minister Mohamed Nazim as well as the alleged unfair targeting of JP leader Gasim Ibrahim’s business interests.

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Court releases Maldivian accused of kidnapping Bangladeshi migrant workers

The criminal court yesterday released a Maldivian man suspected of kidnapping, beating and robbing two Bangladeshi migrant workers.

Police officers broke into a second floor office apartment in Malé in the early hours of Monday morning after receiving reports of the kidnapping and arrested the 34-year-old suspect.

“Police found the two Bangladeshi men aged 23 and 24 in the apartment with noticeable bruises. Our investigations found the two Bangladeshis were robbed of a large sum of money,” said police.

The suspect was released after he was taken before a judge for extension of remand detention.

Police are searching for a Bangladeshi and a group of Maldivians suspected of involvement in the kidnapping.

Minivan News understands the Criminal Court released the suspect citing the lack of an arrest warrant authorising entry into the apartment. The court also said the suspect was not arrested from the crime scene.

However, police said “the suspect was detained at the crime scene.”

The Maldives Police Service with the help of the prosecutor general’s office has since appealed the Criminal Court’s decision to release the man.

According to legal experts, the constitution allows police to enter a private residence without a warrant under special circumstances.

“The constitution provides circumstances for police to enter a household without a warrant if they have sufficient evident of a life being threatened,” said Mohamed Shafaz Wajeeh, a lawyer.

“But establishing the circumstances in court would fall on the institution that wants to extend the period of custody.”

Speaking to Minivan News, the owner of the house in the Galolhu ward where the two Bangladeshis were held captive said the pair were kept at a leased second floor apartment.

“The police came around three in the morning. They called several times to open the door and broke in after the people inside did not respond,” she said.

“I think the Maldivian they arrested was not even sober.”

The leased apartment is the offices of Bisado Maldives, a recruitment and employment agency established in 2014, according to their Facebook page, and Brexco Private Limited, a registered construction company.

Local NGO Transparency Maldives (TM), which provides legal aid to locals and expatriates, expressed concern over the “lack of priority for foreign worker rights”.

“Expatriates are in a vulnerable situation in Maldives. It is very important that society sees and seeks the rights of foreigners at the same level as the locals,” said Ahid Rasheed, a senior project coordinator at TM.

The police also face challenges in successfully closing criminal cases involving foreign workers, the NGO noted.

“In many cases we have seen the sponsors send them back to their countries if any problem arises. So we have difficulties in judicial process, mainly in getting witness statement in courts,” a police media official said.

The former Bangladeshi High Commissioner for Maldives, Selina Mohsin, described the situation of Bangladeshi workers in the country as “bizarre and horrifying” after a spike in violence against migrant workers last month.

A Bangladeshi waiter in a local café was murdered in March and four others stabbed the following week. In 2014, police rescued a Bangladeshi held captive in a migrant workers accommodation block while a chained man was discovered by locals in 2009.

The vice president of the Human Rights Commission of Maldives Ahmed Tholal has described the recent spate of attacks against Bangladeshi workers as “hate crimes”.

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Maldives considered GMR buyout, but lacked funds

The Maldivian government considered buying out the 2010 airport development contract from India’s GMR, but lacking the necessary funds declared the agreement invalid, Minivan News can exclusively reveal.

The Maldives is now facing a payout to GMR, potentially as high as US$803 million or over half of the state budget, after a Singaporean tribunal last year ruled that the agreement was valid and binding.

The government, however, expects the compensation claim to amount to US$300 million. The exact figure is yet to be determined by the tribunal.

Testimony by cabinet ministers and airport company officials – in a separate arbitration between the government and an Indian bank over the airport deal – show that ex-president Dr Mohamed Waheed Hassan asked his cabinet to estimate the sum required to buy out the concession agreement from GMR.

Minivan News has obtained the opening submissions by the government and the Axis Bank made in February and March, respectively.

According to the submissions, then-minister of youth and sports, Mohamed ‘Mundhu’ Hussain Shareef, said the cabinet did not “have the necessary information to make a reliable calculation, but the potential figures were intimidating … As it was the country would have had difficulty paying even US$200 million.”

Former defence minister Mohamed Nazim said what the cabinet “did establish was that it was almost certainly more than either MACL [the Maldives Airports Company Pvt. Ltd] or the government was in a position to pay.”

The inability to buy out GMR led to a political impasse, Shareef said.

At the time, the Adhaalath Party had issued a six-day ultimatum to the government to nationalise the airport.

The religious conservative party in alliance with the Progressive Party of the Maldives, the Jumhooree Party and a coalition of NGOs had played a key role in ousting former President Nasheed and bringing his deputy Dr Waheed to power.

Shareef said the coalition’s opposition to the concession agreement was one of the main reasons behind Waheed assuming the presidency.

The emergence of the void ab intio or invalid from the outset argument was a way out from the political impasse, he said.

Ibrahim Mahfooz, a director at the state-owned MACL at the time, said president Waheed had also asked the company for an estimate of the sum required to buyout GMR, but said it was clear to the company’s board that the sum would exceed what they or the government could immediately afford.

If president Waheed has asked the company to buy out GMR, “I expect that we would have asked for time to attempt to borrow the money and if President Waheed had insisted on our acting immediately, I expect that some of us would have resigned, forcing President Waheed to appoint new board members who were willing to comply,” Mahfooz said.

At a cabinet meeting on November 27, 2012, ministers unanimously agreed to terminate the deal with GMR.

“This entire agreement has to be brought to an end, as it is believed by everyone that the agreement is invalid and cannot be continued legally,” Dr Waheed said, according to cabinet meeting minutes submitted to the tribunal.

Then-vice president Mohamed Waheedudeen said: “This cabinet represents a lot of political parties. Amongst them, almost everyone does not want to renegotiate this agreement, and wants to terminate this agreement.

“The decision taken today will be for national independence; this country’s existence as nation in the future and making it possible for the coming generations to inherit this nation. And for these reasons the agreement should be terminated.”

The government’s takeover of the airport led to a cooling of relations between India and the Maldives, with India imposing visa restrictions on Maldivians seeking medical treatment in India and ceasing the export of some construction materials.

In the submissions obtained by Minivan News, the Maldives said GMR and Axis Bank had successfully lobbied India for the sanctions.

The restrictions were only lifted after President Abdulla Yameen assumed power in November 2013.

The Axis Bank is seeking repayment of the US$160 million loan as well as an additional US$10 million as interest and fines from the Maldivian government. The bank contends that state is liable for the loan in the event of an early termination or an expropriation of the airport.

The government first argued that declaring the concession agreement void ab initio did not amount to an early termination.

Following the verdict in the GMR tribunal, which said the government had repudiated or refused to honour the terms of the agreement, the government claimed a repudiation did not amount to an early termination.

The Axis Bank, however, says the GMR arbitration ruling is not applicable in its case, arguing that the bank is not bound by the ruling issued in a separate, private and confidential arbitration.

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