Category: Politics

Umar Naseer’s dismissal case to continue despite failure to approach appeals committee, rules court

Former Deputy Leader of the opposition Dhivehi Rayyithunge Parrty (DRP) must first appeal his dismissal with the party’s appeals committee before seeking to resolve the matter in court, DRP lawyer and former Attorney General Husnu Suood has argued in the Civil Court.

However Judge Ali Rashee Hussein ruled that although Suood’s argument was the procedure followed in many democratic countries, according to Maldivian law it is not required to exhaust all other avenues before seeking redress in the court system.

Suood claimed that Naseer had not tried to resolve the dispute outside the court despite having the right to do so.

However, Judge Rasheed ordered the DRP to respond to Naseer’s accusations and decided that the suit would continue, claiming precedent in another case in which the High Court invalidated the Civil Court’s ruling and ordered the case to continue.

Naseer was dismissed by the DRP’s disciplinary committee following allegations that he conducted protests without authorisation from the party’s leadership.

Naseer’s lawyer claimed that the party’s charter did not give the Disciplinary Committee the authority to take action against a Deputy Leader and that the Deputy Leader could only be dismissed if one third of the party’s national congress voted in favor of dismissing him.

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Dr Shaheed appointed UN Special Rapporteur on Iran

Former Foreign Minister of the Maldives Dr Ahmed Shaheed has been appointed UN Special Rapporteur on the Situation of Human Rights in Iran, a high-profile post in the UN system.

The 47 Member States of the Human Rights Council unanimously endorsed the appointment of Dr Shaheed after he was selected from a list of candidates by the President of the Council.

Current Minister of Foreign Affairs Ahmed Naseem said that only five years ago “it would not have been inconceivable for the United Nations to establish a Special Rapporteur on the situation of human rights in the Maldives, such was the former government’s poor human rights record.

“Today, a Maldivian has been elected Special Rapporteur on the situation of human rights in Iran, one of the most important human rights posts in the international system. This is, I think, indicative of the enormous strides we have taken over recent years and the high regard in which we are now held by the international community”.

Special Rapporteurs are endorsed by the Council to investigate countries and themes around the world, such as freedom of expression. Candidates are usually figures with a record of experience dealing with the international community and other nation states.

In a statement, the Foreign Ministry noted that Dr Shaheed’s appointment was the first-time a Maldivian had ever been appointed to hold a UN Special Rapporteur mandate.

The decision to establish a Special Rapporteur on Iran was made in 2011 after the deterioration of human rights in the country following the 2009 election, in which the Iranian government was found by the UN to have used excessive force, arbitrary arrests and detentions, unfair trials and “possible torture and ill-treatment of opposition activists in relation to post-election unrest in 2009.”

The UN called on Iran to cooperate with Dr Shaheed and permit his access to the country, as well as provide necessary information. He will present his findings to the UN General Assembly in September 2011, and produce a full report on the situation for the UN Human Rights Council in March 2012.

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Limitless money-changing licenses allow resorts to manipulate foreign currency market, says MMA source

Resorts in the Maldives are using their money-changing licenses to operate as defacto banks, creating an artificial demand for dollars that is undermining the government’s efforts to stabilise the economy, an informed source in the Maldives Monetary Authority (MMA), has claimed.

Figures from the country’s central bank show that of the country’s 306 licensed money changers, 95 are resorts while 211 are private.

The present system allows resorts to exchange unlimited amounts of currency, weakening the flow of dollars into the official banking system and allowing resorts to manipulate the market, the source claimed.

“Small resorts are operating like private banks, trading in rufiya and using cheques to do so in any amount of money, with no oversight from the banks or the MMA,” he said.

As a consequence, the government’s recent decision to float the rufiya within 20 percent of the pegged rate of Rf12.85 was unlikely to stabilise the currency until the underlying demand for dollars was addressed.

“The black market rate for the dollar was Rf14-15 before [the government’s decision to devalue the currency]. The reasoning is that now the official rate is Rf15.42, there shouldn’t be a black market. The fact that the black market rate is now Rf16.5 suggests this is not a problem with the economic fundamentals, but a problem of people manipulating the market.”

The source suggested that even if the market was given free reign and the rufiya reached Rf20 to the dollar, “resorts would still have the power to set the parallel market at Rf22.”

The source revealed that during its recent visit to the Maldives, the International Monetary Fund (IMF) had recommended that resort money-changing licenses be limited to changing cash, making it physically impractical to manipulate the market with large sums of money.

The theory, the source explained, was to force resorts to use the local banking system for foreign exchange and increase the flow of dollars through the official economy.

Most resorts presently charge customers in dollars (mostly via credit cards). With most large resorts banking overseas in financial hubs such as Singapore, beyond a fee taken by a local credit card operator such as Cyprea or the Bank of Maldives, very little of this passes through the Maldivian economy – approximately US$13 for every US$100 spent in the country.

“No other country allows another currency to divide the market,” the source said, noting that resorts earned 80 percent of the country’s foreign exchange.

“The taxis at Colombo airport are not permitted by law to accept US dollars, but here every corner shop does. There is a need for exchange control – our monetary regulation is from the 1980s and fits on a single piece of paper. You can see the problem.”

The MMA recently announced the enforcement of legal tender – rufiya – which will require a foreign currency transaction at the point-of-sale. Were resorts restricted to exchanging money by the physical limits of cash, they would be effectively be obligated to feed dollars into the local banking system, thus increasing the availability of foreign currency and greatly reducing the dollar shortage, the source suggested.

The Seychelles encountered similar problems with its exchange rate in late 2008, the source said, providing an IMF document showing that the country’s official exchange rate of 8 rupees to the dollar in late 2008 competing against a black market exchange rate of almost 14.

Following the Seychelles’ decision to float its currency, the rupee shot up to almost 18 to the dollar, but plunged to 10 a year later before eventually settling at 12.

Were foreign exchange controls passed in parliament and enacted, the Maldives could expect the dollar situation to stabilise “in less than a month”, the source predicted.

“This is why ministers are claiming the rufiya can potentially reach Rf10 – although if that stimulates excessive imports it is not necessarily a good thing.”

Reaction

Local economist in a private consultancy Ahmed Adheeb said the Maldives’ economic situation was as much a problem of over-expenditure and high budget deficit.

“Successive IMF reports have raised real problems with the country’s expenditure,” Adheeb said. “You cannot just blame the resorts for manipulating the market.”

Low confidence in both the rufiya and the local banking system was a major concern, he explained, and forcing businesses into it could have wider ramifications.

“We have to build confidence in the financial system, otherwise we will just see black market banks emerge. Businesses need to be confident that their accounts will be protected and confidential, and that this will not be abused for political reasons,” he said.

“For instance, nowhere does a country’s Auditor General state a bank client’s name and debts in [publicly available] audit reports.”

The limited number of cross-currency transactions in local banks showed there was no confidence in the country’s financial system, Adheeb said, as businesses that banked in rufiya could not be confident of receiving dollars when required.

“The Finance Minister needs to provide reassurance that our banks are protected and regulated, and give confidence to businesses that bank confidentiality will be respected. In a small society like this, we have to listen to the entrepreneurs.”

Secretary General of the Maldives Association of Tourism Industry (MATI), ‘Sim’ Mohamed Ibrahim, said all resorts needed a foreign exchange license, and questioned the practicality of both enforcement and restricting these trades to cash: “Even small resorts trade in high volumes,” he said.

The government has meanwhile submitted five bills on taxation to parliament, part of an IMF-sanctioned economic reform package it hopes will radically boost the country’s earnings in future years.
The four bills include the General Goods and Services Tax Bill, Business Profit Tax Bill, Income Tax Bill, an Amendment Bill to Tax Administration Act and an Amendment Bill to the Maldives Import Export Act.
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MDP files no-confidence motion against Deputy Speaker of the Parliament

Maldivian Democratic Party (MDP) MPs have filed a no-confidence motion against Deputy Speaker of Parliament and People’s Alliance (PA) MP, Ahmed Nazim.

MDP Parliamentary Group’s Spokesperson MP Mohamed Shifaz confirmed that MDP had filed the motion today.

‘’We have finished all the documentation work and today we handed it to the parliament,’’ said Shifaz.

Shifaz said the party there were many issues with Deputy Speaker Nazim.

‘’First of all, he has many legal cases filed against him in the courts, and there are many issues regarding his integrity,’’ Shifaz said. ‘’Most of the MPs believe that he has to be dismissed. If that happens, it will benefit the work the government is doing to ensure the independence of the judiciary.’’

Shifaz accused Nazim of deliberately delaying work sent to the parliamentary committees in which he has influence.

In retaliation, the opposition Dhivehi Rayyithunge Party (DRP) filed no-confidence motions against Home Minister Hassan Afeed and Finance Minister Ahmed Inaz.

Shifaz claimed that although the opposition filed no-confidence motions against the cabinet ministers, they would not be able to get the numbers required to dismiss them.

”They are dreaming if they think they can dismiss any of the ministers,” he claims..

DRP MP Ahmed Mahlouf meanwhile said that if parliamentarians continued working like this, the parliament would prove dysfunctional.

‘’We can’t work like this. One day MDP will file a no-confidence motion against the Speaker, the next day the opposition will file a no-confidence motion against a cabinet minister and if it continues like this, parliament’s responsibilities will be left undone,’’ said Mahlouf. ‘’I have decided to speak with the political parties myself to let them know that it is not right.’’

Mahlouf acknowledged that during the recent protests over the economy, some MPs including Mahlouf himself had signed a no-confidence motion against Finance Minister Inaz.

Nazim did not respond to Minivan News at time of press.

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Letter on waiters doing cleaning jobs

Dear Director General of the Maldives Food and Drug Authority (MFDA),

I appreciate the good work that you are doing, especially the newly started inspection of the country’s food catering services, like hotels, restaurants or cafés.

So, let me bring to your notice something which I believe important looking at today’s situation. The unskilled laborers who are actively working at our food catering outlets in Male’ City are doing the floor and toilet cleaning jobs and as well as the waiter’s job. And also it’s these laborers who are doing the table clearing or cleaning jobs using an awful looking damp and dirty piece of cloth (which actually is a white color piece of cloth but one would look at the cloth and say it’s a black color piece of cloth). Here my worry is that the same laborers who do the waiters’ job are doing the cleaning jobs like toilets, floor and clearing the tables.

I have noticed that a Food & Drug Authority of a country like ours does not allow those who do the cleaning or clearing work to also do the waiter’s job or serve food to customers. I believe it’s only for the sake of the people’s health.

So, I think now it’s time for us to think about such issues as we all know those who are at these areas are very unskilled laborers who know little about food handling. We also notice them digging nose and spitting here and there while doing waiters’ jobs. Here I am not talking about the costly restaurants but the normal places where the majority of people are going for their meals.

Yours truly,

Mohamed Saeed

All letters are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write a letter, please submit it to [email protected]

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DQP threatens government with legal action over fishermen’s subsidies

The Dhivehi Qaumee Party (DQP) has said claimed that Rf100 million (US$6.42 million) included in the government’s budget for the year 2011 for diesel subsidies for fishermen has not been given.

‘’It is a great concern for the fishermen and their families that they don’t have a penny left to take home after working the whole day,’’ said DQP in a statement yesterday.

The party accused the government of failing to develop the fisheries industry for the last two years.=

‘’We call on the government to give out these subsidies immediately,’’ said the DQP, threatening to file a suit for fishermen’s rights if the government failed to deliver the subsidies in 21 days.

Mohamed Zuhair, Press Secretary for the President, told Minivan News that the DQP was not working for the rights of fishermen.

‘’They are politicising the issue for political gain,’’ Zuhair said. ‘’The government has been working on delivering the subsidies program for fishermen and I think it will commence very soon.’’

He said that the government had been trying to establish criteria for the program and would launch it soon.

‘’It is not as easy as just going up to the boat captain and handing over the money. It has to administered,’’ he added.

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Parliament appoints local business tycoon to judicial watchdog

Parliament has narrowly voted MP for Maamigili Gasim Ibrahim as its representative on the Judicial Services Commission (JSC), the commission tasked with overseeing the country’s judiciary.

38 members of of the 77 member parliament voted in favour of Gasim, while 36 voted against him. The other candidate for the position, former Chairperson of the Maldivian Democratic Party (MDP) Mariya Ahmed Didi, narrowly missed the required votes with 36 MPs in favour of her appointment and 37 against.

Gasim is a well-known business tycoon, media owner and leader of the opposition-aligned Jumhoree Party (JP). He was last year accused by the government of treason and bribery after phone calls of his conversations with People’s Alliance MP and the former President’s half-brother Abdulla Yameen were leaked to the media.

Gasim will replace DRP MP Dr Afrashim Ali on the JSC, after Afrashim was dismissed by parliament 38-34 in favour earlier this week amid claims of misconduct and corruption.

Former President’s Member of the Judicial Services Commission (JSC) Aishath Velezinee described Gasim’s appointment to the JSC as “the worst thing that could possibly have happened. It means nothing will be looked at, and I expect [the JSC] will become worse than ever. I can already hear the judges celebrating.”

Gasim, Velezinee said, “is a man of wealth, and every seat he has ever sat on has benefited him. We can expect the same from the JSC. I don’t think anyone is under any other impression – there is no comparison between Mariya and Gasim in terms of legal knowledge and integrity. The people’s representatives have sold out to the devil, and this is a very sad day.”

DRP Deputy Leader Ibrahim Shareef said he felt that Gasim “has the experience, wisdom and the capacity face the challenges.”

“What is required is sincerity. We need to build a judiciary that is competent, efficient and capable of delivering justice,” Shareef said.

Asked whether Gasim’s extensive business interests could prove a potential conflict of interest when overseeing the Maldivian justice system, Shareef said “that is a real possibility. I think the judiciary must be totally free from political influence. We have to see how this unfolds – this is a small country and it is hard to have complete impartiality.”

Gayoom thanks MPs

Following Afrashim’s removal from the JSC on Monday, former President Maumoon Abdul Gayoom publicly thanked DRP MPs for voting in Afrashim’s favour.

“Afrashim was the front man for what went on in JSC. It wasn’t him alone, but he was the front man,” said Velezinee, who contends that the opposition had used its parliamentary majority to control the JSC, subvert Article 285 of the Constitution and reappoint the judges handpicked by the former administration.

One result of this, Velezinee said, was the impossibility of prosecuting any instance of serious drug crime in the Criminal Court. She referred to a decision made yesterday by Chief Judge Abdulla Mohamed to throw out charges of drug trafficking against two businessmen for lack of evidence, after more than a kilogram of narcotics was found in the trunk of one of their cars.

“The evidence that the JSC has hidden away suggests that Abdulla Mohamed is under the influence of senior politicians and businessmen alleged to be involved in serious crime, and the decisions of the criminal court gives every reason to believe this is true. The JSC is acting unlawfully by not forwarding this to the relevant authority,” she claimed.

Afrashim had sat on the committee charged with investigating Chief Judge Abdulla Mohamed, formed on December 30, 2009.

“Until the day I left the JSC we had no reports on the progress of the investigation,” Velezinee said, “despite the fact that the JSC Act states that a written report must be submitted every 30 days for every investigation.”

Velezinee observed that the opposition’s factional battle was laid aside in its efforts to save Afrashim during Monday’s vote.

“The factionalisation of the DRP was forgotten. They all joined together. In my mind there is now no doubt that there was a silent coup, and Gayoom’s coming out and thanking the MPs is as much a confession to being the leader. I cannot imagine this happening in any developed country, there would have been riots.”

Velezinee’s concerns about the independence of the JSC appeared vindicated with the publication of a report on the Maldivian judiciary by the International Committee of Jurists (ICJ).

“How often do ordinary Maldivians look to the courts for justice? Is there a sense that ‘We [Maldivians] have an independent judiciary that is capable of resolving problems?’ I think the answer is no,” surmised Roger Normand, Director of the ICJ’s Asia Pacific operations at the time of the report’s publication.

Velezinee claimed the JSC had routinely doctored information given to international groups such as the ICJ who were unable to interpret the original Dhivehi documents.

“No international organisation or authority would believe that such an institution would be handing out doctored documents and changing their minutes. I have seen shocking things. But when I speak of them, I am the one labelled a fool. I have a different view to rest of the country because I sat in a seat not accessible to anyone else, and witnessed this happening.”

Parliament’s dismissal of Afrashim on Monday on grounds of misconduct had raised the possibility that Article 285 could be revisited, Velezinee said.

“The JSC Act states that if any member of the JSC has acted outside conduct in any decision making, that decision must be revisited – but that’s for the JSC to decide,” she said.

“But in this case I suspect we are in an an area not covered by the act. Parliament has found out about this, not the JSC, and the complaint has been there since February 2010.

“When parliament took the decision [to remove Afrashim], it clearly stated that Dr Afrashim acted unconstitutionally and breached trust. In that case there is good reason to demand Article 285 be readdressed. Just because a certain period has passed does not mean [the reappointments] are valid. The obligations under the Article were not fulfilled.”

It was, she said, a matter of “laying the foundation for an independent judiciary that will uphold this constitution.”

The judges reappointed by the former Ministry of Justice had been guided in passing judgements, Velezinee said – “It is clearly evident from documents we have. Many of the judges were handpicked by different ministers, who are now complaining to the press that the President is interfering in the judiciary. Their lawyers want to keep the existing bench.”

The JSC’s actions had, however, closed the bench for the next 40 years, “and that is really scary.”

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President asks parliament to approve Maldivian contribution to UN peacekeeping operations

Cabinet’s decision to contribute Maldivian soldiers to UN peacekeeping operations has been sent to parliament for approval.

Parliament debated the issue and decided to send the matter to the National Security Committee for review.

After an hour long debate between MPs over the issue, Maldivian Democratic Party([MDP) Parliamentary Group Leader and MP ‘Reeko’ Moosa Manik proposed to send the matter to the National Security Committee committee, with 61 MPs voting in favor.

According to 243[b] of the constitution, ‘’if the President, as Commander in Chief, authorises or orders the employment of the military service in defence of the republic or as part of an international undertaking, the President shall without delay submit the authorization to the People’s Majlis. The People’s Majlis may at any time approve the authorisation, or revoke the authorisation.’’

Oppostion Dhivehi Rayyithunge Party (DRP) MP with former President Maumoon Abdul Gayoom’s faction, Ahmed Mahlouf, said the issue was concerning.

‘’This is no joke, this is a very serious issue,’’ he said. ‘’I do not think any honorable member would want to send some Maldivians abroad to their deaths.’’

Mahlouf said death was a real possibility in the peacekeeping operations. He also noted that it was possible that terrorists would target the Maldives if Maldivian soldiers were sent to participate in the UN peacekeeping operations.

Religious NGO Jamiyyathul Salaf recently called on the government to withdraw a decision made by the cabinet to send Maldivian troops to take part in UN peacekeeping operations.

Cabinet decided to finalise the participation of Maldivian soldiers, noting that it was “important for the Maldives to contribute to the efforts of these international agencies and institutions to ensure that every country, every society and every individual has the opportunity to live in peace and security.”

“Taking part in the UN peacekeeping operations will force Maldivian forces to fight against Muslims which is unacceptable,” said Salaf in the statement, opposing the decision.

”Everyone understands that the most of the wars against Muslims have been started without reasonable grounds, just because they are Muslims.”

”Muslims will be obliged to treat [the peacekeeper] as a non-Muslim in all ways, such as if dead, burying without enshrouding the body, burying the body with non-believers, and when dealing with inheritance matters the terms and condition that apply to a non-believer who dies in a war against Muslims will be applied to him,” the NGO claimed.

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Mohamed Imtiyaz appointed as acting Chairperson of MDP

The Maldivian Democratic Party (MDP) has issued a statement announcing that following the resignation of the party’s Chairperson MP Mariya Didi, all her responsibilities were handed to the Deputy Chairperson Mohamed Imtiyaz.

Mariya had resigned from her post to stand as a candidate for the Judicial Service Commission (JSC) as the member representing the parliament, after DRP MP Dr Afrashim Ali was removed for misconduct.

Leader of MDP, former fisheries minister Dr Ibrahim Didi, said Mariya’s resignation was a great sacrifice to establish an independent judiciary in the Maldives.

Speaking to the press today, Didi said that within the next two months the new Chairperson of the party would be appointed after 60 days of campaigning, as granted by the party’s charter.

Maryia was not appointed as the member from the parliament to JSC, after the post was narrowly secured by Jumhooree Party (JP) Leader and MP ‘Buruma’ Gasim Ibrahim.

36 MPs voted in favor of appointing Mariya to the JSC, while 38 voted in favor of appointing Gasim to the commission from the parliament.

Mariya congratulated MP Gasim and said she hoped he would carry out his responsibilities as a member of the JSC with sincerity for the benefit of the citizens and the best interests of the nation.

She also thanked all the MPs that voted for her.

Today’s parliament session ended after MDP MPs left the parliament chamber.

DRP MP Ahmed Nihan said that it has become a major issue that MPs were leaving the parliament, forcing the speaker to cancel the session.

”I think MPs have to seriously think about this now,” Nihan said. ”It has become a major issue.”

Nihan said that after MDP ”bought” former DRP MP Ali Waheed, he had been “very inactive” in parliament.

”Nowadays he just roams around the parliament singing songs and often goes to the tea room. He hasn’t been doing any work at all,” Nihan said. ”However, Gasim’s appointment to the JSC is a great victory for the citizens in this delicate situation.”

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