“Certain actions by protesters could be classed as terrorism”: Police Superintendent

Superintendent of Police Abdulla Nawaz has claimed that certain actions performed by protesters in the recent demonstrations in Male’ could be defined as acts of terrorism.

The recent protests in the capital have seen supporters of former President Nasheed clash with riot police, resulting in multiple arrests and damage to police property.

Nawaz told Minivan News on Monday (February 18) that certain acts performed by protesters over the last few days – including setting fire to a police vehicle – “could be classed as terrorism”.

“It is not that we [Maldives Police Service (MPS)] are directly saying it was terrorism, but more the setting fire to a police vehicle and barricade, as well as threatening phone calls to officers, could be defined under terrorism.

“We always ask protesters not to opt for violence, it doesn’t matter which party they belong to. I personally believe things should not have happened like they have been recently,” Nawaz added.

Superintendent Nawaz, who is also Head of Public Affairs Department, stressed that while the police welcomed peaceful protests, demonstrations over the last three days have not always remained that way.

Asked whether police would have to respond differently to tackle “actions that would be defined as terrorism”, Nawaz said: “From the torching of  a vehicle to protesters throwing stones and bottles at police, of course police will have to act differently depending on how serious the crime is”.

On Saturday night (February 16) a police vehicle belonging to the Police Family and Child Protection Department was set on fire while parked in Male’.

Police also claimed protesters set fire to a police barricade in the early hours of Sunday (February 17) morning.

Following the recent protests, a statement from MPS released today announced that the Criminal Court had issued warrants for the arrest of 16 individuals allegedly involved in the “unrest and mob violence” in the recent protests of the Maldivian Democratic Party (MDP).

A police press briefing revealed that a total of 84 people, including two minors and four females, had been taken into police custody following the unrest.

Out of 61 individuals later presented to the court, 16 were allowed to remain in police custody in order to continue with the investigation.

According to the statement, Nawaz said police will also continue investigations into those who have also been released by court order.

Officers injured, harassed on the street

Speaking at the press briefing Nawaz said that in the last four days of the protest, 14 police officers and one Maldives National Defence Force (MNDF) security officer had suffered injuries from protesters throwing bricks and glass bottles into police lines.

Nawaz said that the recent protests could be described as peaceful assembly adding that the protest “is rather believed as an act to impeded police duty and terrorise the capital city Male’”.

According to the statement, “Police officers of different ranks have received threatening calls and text messages from unknown numbers from abroad”.

The statement specifically notes an incident whereby a police officer on the street was harassed with inappropriate language in front of his three-year-old child, “who has since suffered from psychological trauma”.

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Comment: Honeymoon over for Maldivians in paradise

The only time I’ve seen my father light up like the Diwali Festival was the day Mohamed Nasheed (Anni) got elected as the first ever democratically elected president in Maldivian history, after replacing the long term autocratic President, Maumoon Abdul Gayoom.

I was in the 8th grade and didn’t know much about politics, but understood enough to know that we somehow restored hope in our hearts. I got the feeling that everything was going to be all right… the tears of happiness  rolling down my father’s face were a testament to that.

After that, everything  changed. The police brutality, arbitrary arrests of politicians and democracy activists, disruption to media and freedom of expression, everything that we thought was so wrong, that we had to get out on the streets to change, became our past – things that we only joked about in our living rooms and coffee shops.

The conversation usually went like: “Hey, remember how Golhaa Force would drag Anni out on the streets of Male’ like he was some kind of dead animal?”

Only we didn’t know that it would happen again.We had no idea; we were so naive.

Anyway, the days went by and for some reason Maumoon was running around doing his own thing, not necessarily bothering anybody – yet – and Nasheed’s administration was busy cleaning up the mess left by Maumoon.

But given that Nasheed was in charge, as suspected he didn’t let the mess distract him, and instead he went on to revolutionise the Maldives. Health care, state transport, social security, infrastructure improvements made headlines every single day. He had built so many flats that the opposition started to call him ‘Flat Dhombe’ – a name he adopted and wore proudly. Such was life in paradise.

And then the honeymoon period ended. President Nasheed had to make some tough yet important decisions in his presidency, in order to head towards a more prosperous economy in the long run.

This meant the bank accounts of the rich and the elite of our community were going to take our hit. The government had asked for the parliament’s assistance to move forward with the bills, but half of the rich and the elite were already in the parliament. A lot went downhill after that.

The religious conservatives saw an opportunity at that point and jumped in, making the situation even more ridiculous. Gayyoom started to show up every now and then, making political statements and what not. And then we saw the opposition parties coming together, having set their differences aside.

These were some very extreme far-right minded politicians coming together with a group of Islamic radicals, which was the only thing that made sense from their partnership. Religion was the main issue of their political movement. As we understand now, that may have very well have been the turning point.

The opposition parties in the name of ’23 December Ih’thihaadhu’ – the 23 December Coalition – came out on the streets, protesting and calling for Nasheed’s resignation. Their parliament members would openly disrupt any government or MDP-sponsored bills on the parliament floor. The protesters would vandalise public property every night, and for some weird reason they targeted areca palm trees planted by Male City Council.

They would pluck the palm trees out and toss them out on the streets every night. One of those photographed destroying the trees is now the Deputy Minister of Agriculture.

After 21 days and nights of protesting and vandalising, the opposition succeeded in removing the elected president from office, by force, with the help of a rogue police mutineers.

The next day the Maldivian Democratic Party took to the streets condemning the coup d’état and everyone that took part in it.

I was there myself, with a friend of mine, a fellow activist, only to witness the horrible turmoil and the wrath of the Special Operations police brutes. They were anything but officers of law. A lot of peaceful protesters were brutally attacked by the savages. We were surrounded by chaos, and blood and tear gas canisters.

That moment I knew we had lost our country. That it was far from over, and the real struggle for democracy was yet to come.

Since then the coup government have been busy destroying everything Nasheed has built. They’ve put an end to state transport system…the universal healthcare, and everything else. They’ve set us back 100 years in our relationship with India.

Maybe they aren’t well-versed in foreign policy, but how could they possibly think that they can afford to be in bed with China after they’ve screwed over India in the matters of GMR airport and everything else that came afterwards? It would be hard for India not to take that personally.

I may not be an expert in foreign policy, but even I know that when you screw over your neighbor, it’s going to get awkward and complicated. Much like an office romance which ends badly.

Removal of President Nasheed from office wasn’t enough for the coup leaders, so they decided to prosecute him on charges of “kidnapping a judge”, to void his candidacy for the comping up presidential election.

They’ve already once dragged him to the kangaroo Hulhumale court which legally does not exist, while he was down south on the Journey of Pledges campaign in Faresmathoda.

President Nasheed was summoned to court for the second time, and the illegitimate ‘Hulhumale’ court ordered the police to make sure that he attended. But instead Nasheed has taken refuge in the Indian High Commission, taking the upper-hand in the current political situation in the Maldives, perhaps for the first time since the coup.

We are yet to find a solution and I personally don’t think that we would find one through political dialogue among the parties. It hasn’t worked before, I doubt it would work now. The only way we can move forward is to let Nasheed take part in a free and fair election this September. I think that’s reasonable.

Like many fellow Maldivians, I wish to hold that flag of red, green and white and feel proud again. But I’m afraid today is not that day.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Further protests as MDP calls for international community to be “mindful” of Maldives judiciary

The Maldivian Democratic Party (MDP) has called for the international community to be “mindful” of the status of the Maldives judiciary, claiming it to be systematically flawed and biased.

The party’s sentiments were echoed in last night’s (February 16) protest as thousands of supporters of Nasheed once again took to the streets of Male’.

The former President has been inside the Indian High Commission since Wednesday afternoon after he sought refuge from a court warrant ordering police to present him before the Hulhumale’ Magistrate Court.

Nasheed and his party have maintained that the charges – of illegally detaining Chief Criminal Court Judge Abdulla Mohamed prior to his controversial resignation on February 7, 2012 – are a politically-motivated attempt to prevent him from contesting presidential elections scheduled for later this year.

In contrast to Friday night’s protest, where 55 people were arrested following clashes with police, demonstrators last night took part in a “seated protest” in the intersection between Majeedhee Magu and Chaandhanee Magu.

Maldives Police Service (MPS) Spokesperson Sub Inspector Hassan Haneef told Minivan News today that while there had been no arrests made, a vehicle belonging to the Police Family and Child Protection Department was set on fire.

Police also allege that protesters set fire to a police barricade in the early hours of the morning.

However, MDP Spokesperson Hamid Abdul Ghafoor claimed the circumstances surrounding the barricade fire were suspicious.

“There had been reports that a police barricade was set on fire by protesters. However police tweeted about the fire two minutes before it actually happened,” Hamid claimed.

Minivan News observed around 4,000 demonstrators at last night’s gathering and witnessed multiple charges at the crowds by riot police.

MDP concern over Nasheed’s trial

statement released by the MDP yesterday expressed concern regarding the trial of former President Mohamed Nasheed, adding that the status of the judiciary and rule of law in the country was not conducive to ensuring a fair trial for the former president.

The statement accuses judges within the Maldives judiciary as being “under qualified, of dubious moral character, corrupt with political bias, and unduly influenced by members of the former regime”.

“When international actors refer to rule of law and due process, it is only a presumption that rule of law exists in the Maldives,” Ghafoor stated.

“When calling for rule of law in the Maldives our international partners must bare in mind the current state of the judiciary, and its ability to conduct a fair trial.”

Speaking to Minivan News on Thursday, trial observer Stephen Cragg, who compiled a report on Nasheed’s trial, said it was clear the former president was concerned he would not receive a fair trial with the current judges on the case.

Cragg visited the Maldives last year on behalf of the Bar Human Rights Committee (BHRC) to observe the hearings of former President Nasheed’s trial.

“I think it is clear that Mr Nasheed is concerned that he will not get a fair trial if the case goes ahead with the current judges due to hear the case, and his action is likely to highlight those concerns internationally,” Cragg said.

The report compiled by Cragg notes: “BHRC is concerned that a primary motivation behind the present trial is a desire by those in power to exclude Mr Nasheed from standing in the 2013 elections, and notes international opinion that this would not be a positive outcome for the Maldives.”

In the statement, the MDP welcomed calls from India, United Kingdom, United States, the Commonwealth, United Nations and the European Union for a free, fair and inclusive presidential election in the Maldives.

On Friday, EU High Representative Catherine Ashton said she was following the latest developments “with concern” and “called on all parties to refrain from actions or statements which are liable to inflame the political climate in the country”.

“I underline the urgent need to resume dialogue between the parties, so as to ensure that the presidential elections set for September 2013 are credible, transparent, inclusive and fully representative of the wishes of all Maldivians, and so that the reforms identified by the Commission of National Inquiry in August 2012 can be rapidly implemented,” she said in a statement.

President of the Maldives, Mohamed Waheed Hassan Manik released his own statement yesterday condemning Nasheed’s actions on Wednesday.

“I am dismayed that the former President Nasheed sought refuge in the Indian High Commission in Male’ when he was summoned to the court. The court order which required the Police to arrest Nasheed and have him appear before the court was due to his refusal to attend court hearing. It had expired at 1600 hours on the 13 February 2013, and there is no reason for him to remain in the High Commission and to instigate street violence.

“The court order has nothing to do with my government. Upholding the rule of law means nobody is above the law. I would like to assure the people of Maldives that the law and order will be maintained,” the President’s statement reads.

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UN Special Rapporteur on Independence of Judges and Lawyers arrives in the Maldives

The UN Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul, arrived in the Maldives on Saturday (February 16) for a visit scheduled to last until February 24.

During her visit, Knaul will “examine measures taken to ensure the independence of the judiciary, prosecutors and lawyers, as well as their protection, and the obstacles encountered for an adequate, impartial and independent administration of justice”, the UN said in a statement.

Knaul, a judge from Brazil, will then submit her report and recommendations to the government and the UN Human Rights Council.

In its concluding statement following the Maldives’ Universal Periodic Review in 2012, the UN Human Rights Committee expressed concern that the composition and functioning of the Judicial Service Commission (JSC) “seriously compromises the realisation of measures to ensure the independence of the Judiciary as well as its impartiality and integrity.”

“The Committee is also concerned that such a situation undermines the judicial protection of human rights and fundamental freedoms in the [Maldives]. The [Maldives] should take effective measures to reform the composition and the functioning of the Judicial Service Commission (JSC),” the UN report stated.

“It should also guarantee its independence and facilitate the impartiality and integrity of the Judiciary, so as to effectively protect human rights through the judicial process,” it added.

Although unrelated, Knaul’s visit comes days after former President Mohamed Nasheed sought refuge from a court summons inside the Indian High Commission in Male’.

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

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

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

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

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

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

A troubled judiciary

Besides the UN Human Rights Committee, numerous international organisations and reports have challenged the political independence of the JSC and the judiciary.

A report by independent observers of the Nasheed trial from the UK Bar Human Rights Committee concluded that “a primary motivation behind the present trial is a desire by those in power to exclude Mr Nasheed from standing in the 2013 elections, and notes international opinion that this would not be a positive outcome for the Maldives.”

A report by the International Committee of Jurists (ICJ) in February 2011 found that many judges were lacking in qualifications and independent attitude.

“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, former Director of the ICJ’s Asia Pacific operations at the time.

“Historically, [independent resolution] has not been the role of judges [in the Maldives]. Judges were an outcome or a product of the executive power. This is not a controversial statement, this is an outline of what their legal role was in the previous [government],” Normand said.

The ICJ was highly critical of the the JSC, which it said was “unable to carry out its functions” to impartially vet and reappoint judges on the basis of qualification and background.

“To date, JSC decision-making has been perceived as being inappropriately influenced by a polarised political environment,” Normand said.

Former JSC member and whistleblower Aishath Velezinee first raised problems in the judiciary and JSC in August 2010.

“My experience, from being part of the complaints committee in the JSC, is that whenever a complaint is received, we have two judges on the complaints committee who will defend the [accused] judge, trashing the complainant, and talk about ‘taking action’ against these people ‘who are picking on judges’,” said Velezinee, in a 2010 interview.

“Then they will put out a press release: ‘Nobody should interfere with work of judges.’ Their interpretation is that ‘nobody should criticise us. We are above and beyond the law.’”

She was subsequently stabbed three times in the back in broad daylight on Male’s main tourist street in January 2011.

A more recent report produced by local NGO the Raajje Foundation and supported by the UNDP and the US State Department, noted that the JSC’s mission under the 2008 constitution to ensure the new judiciary was was clean, competent, and protected from political influence, “has sadly gone unfulfilled.”

“The courts have essentially been able to capture the JSC so as to ensure that the old judiciary remained in place under the new constitutional order,” the report noted, predicting the most likely national outcome a cycle of failed states.

President Dr Mohamed Waheed Hassan Manik has insisted on the government’s independence of the judiciary, stating that the court case “”has nothing to do with my government. Upholding the rule of law means nobody is above the law. I would like to assure the people of Maldives that the law and order will be maintained,” he said, in a statement on Sunday.

“My government has upheld the rule of law and respected all independent institutions. I am pleased to note that unlike in the past, within the last year, the President has not interfered in the work of the judiciary, the police, or the independent commissions,” Waheed’s statement read.

Meanwhile, Home Minister Mohamed Jameel – formerly Justice Minister under the 30 year autocracy of Maumoon Abdul Gayoom – told local media that it was “crucial [the judiciary] conclude the case against Nasheed before the approaching presidential elections, in the interests of the nation and to maintain peace in it.”

“Every single day that goes by without the case being concluded contributes to creating doubt in the Maldivian people’s minds about the judiciary,” Jameel said.

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Comment: India an unreliable friend

On 7 February 2012, somebody in the Indian High Commission – located barely a few meters away from the scene where mutinying cops brought down the first elected government in Maldivian history – gave some astoundingly poor advice to somebody in New Delhi, and what followed was one of the worst diplomatic blunders by India in recent memory.

The tear gas clouds had barely settled when Indian Prime Minister Dr Manmohan Singh sent his ‘warm felicitations’ and became the first country to recognise Vice President Mohamed Waheed’s newly installed government – a coalition of radical Islamists and far right nationalists led by former dictator Maumoon Abdul Gayoom’s party.

The United States and other Western powers would follow India’s lead in recognising the new regime, and – even as Maldivian democrats watched in disbelief – a major wrong that should have been straightened out was instead set firmly crooked.

The next day, the regime police continued targeted attacks on MDP leaders and activists. MPs were beaten half to death and lay unconscious on the pavements. Mohamed Nasheed, the first elected President of the Republic, was roughed up on the streets by uniformed men and was seen bleeding from the forehead. Scores of civilians were publicly brutalised and hundreds of pro-democracy demonstrators were arrested while India naively pursued relations with the new regime.

Over one year later, the cycle of violence and unrest continues on the streets of Male’, as pro-democracy protesters clash with regime police. The latest confrontations started after President Nasheed, in a dramatic turn of events last Thursday, sought refuge inside the Indian High Commission following the Waheed regime’s renewed efforts to arrest him and convict him in what is essentially a kangaroo court.

Once again, all eyes are on India, keenly observing if there will be a repeat of the ghastly diplomatic miscalculations of last year.

A series of unfortunate decisions

The gamble in 2012 was this: in return for the recognition of his regime, Waheed had pledged to honour major Indian investments in the Maldives, including the $500 million investment by Indian infrastructure company GMR in the country’s main international airport. As senior Indian diplomat G Parthasarathy confirmed in a recent televised debate, India had also been given assurances that there would be inclusive, free and fair elections.

Once again, somebody in India’s MEA should have easily flagged that Waheed, being a political nonentity, could hardly be held to his word. As the tinpot leader of a party whose very existence – with merely 3000 odd members – is an exercise in vanity, Waheed hasn’t a prayer of being nominated, much less winning an election, and is destined to be discarded into political oblivion before the end of this year.

And yet, India went with his assurances even as the the regime’s extremist allies took out motorcades around the streets of the capital, demanding GMR’s exit and, for the first time in recent Maldivian history, spreading radical anti-Indian propaganda over loud megaphones.

Sure enough, with the same belligerence and arrogance that characterised their early diatribes against the CMAG and EU, the regime thumbed their nose at India, and the GMR deal was scrapped without the slightest courtesy and amid a barrage of heavy anti-Indian rhetoric propagated by radical regime allies like the DQP and the Adhaalath Party.

India’s big gamble failed, and the aspiring superpower was left with egg on its face as Waheed’s spokesperson Abbas Adil Riza publicly slandered the Indian ambassador, calling him a ‘traitor’ and an ‘enemy of the Maldives’. Furthermore, the regime that was legitimised with Indian support would proceed to cozy up to rival power China, with regime actors going so far as to lambast India while on Chinese soil.

Eliminating Nasheed

In the bargain, India also lost favour with former ally Nasheed – whose government had gone out of its way to align with them. From plugging the Maldives into the Indian coastal security grid, to seeking Indian investments in his much celebrated environmental, energy and infrastructure projects, to unilaterally sharing intelligence on religious radicals operating in the country, Nasheed was thoroughly a friend of India in every imaginable sense until India, with remarkable urgency, dumped him and rushed to Waheed’s aid in 2012.

Having scrapped the GMR deal in an ugly fashion, the Waheed regime also backtracked on the second assurance of conducting early, inclusive elections.

Observers of Maldivian politics would recollect that Umar Naseer, Vice President of Gayoom’s political party, had specifically stated in an interview immediately after the February 7 coup d’etat, that Nasheed would not be a part of the next elections.

The regime’s Home Minister Mohamed Jameel has been unable to hide his deep frustration over the overwhelming international pressure that has so far thwarted his concerted attempts to eliminate Nasheed from the political scene ahead of the elections.

Mohamed Nasheed, the lifelong democratic activist, is easily the only MDP leader who commands popular nationwide grassroots support and absolute loyalty of his party activists, making him the last remaining obstacle for the Gayoom network – of which Waheed is the nominal puppet head – to permanently dismantle the country’s nascent democracy and reestablish the old order.

It would be pertinent at this moment to recall that the Waheed’s former Human Rights Minister Dhiyana Saeed, as well as former Military and Police Intelligence Chiefs have independently revealed the existence of opposition plots to assassinate President Nasheed while he was still in power.

With the change of guard on February 7 last year, that has become unnecessary. With the country’s runaway judiciary and security forces firmly under their grip, there is not much to stop the Waheed regime from eliminating him ‘legally’ and ‘by the book’. And this, evidently, is the plan that is currently in place.

Your friendly neighbourhood democracy

Simply put, there is a zero percent chance of an inclusive, fair or free elections being held in the Maldives with the current regime in power.

Faced with this conundrum, Maldivian democrats as well as Indian analysts appear to be looking towards India as the saviour to back Nasheed, who – in a frantic Hail Mary move – is now holed up at the Indian Embassy.

The question is: Why should Maldivian democrats trust India?

There is little reason to expect India to step into the internal affairs of the Maldives for the sake of grand concepts like freedom or democracy in the neighborhood.

One feels that despite the rise of nationalist and Islamist radicals, and the runaway judiciary, and the reversal of democracy in the neighbourhood, and the creation of a police state in the Maldives, what really inspired India’s change of heart about the Waheed regime was the loss of its economic investments. In other words, had GMR not been thrown out, India would have likely continued to turn a blind eye to the regime’s systematic dismantling of democracy in the Maldives.

Perhaps, having been rudely rebuffed by the Waheed regime that has now chosen to align with China, India is merely invoking the patron saint of lost causes by turning to Nasheed.

For the average Maldivian, however, the power struggles between the two large regional powers are a matter of less importance than having a working economy, a functioning judiciary, an expectation of justice, a representative government, and freedom from a familiar brutal police state that has reared its head again after a 3 year slumber.

The solution to these problems have to necessarily be local. Far from relying on foreign intervention, the MDP needs to campaign and educate and rally the public behind the goals of judicial overhaul and peaceful civil disobedience for change.

While one must acknowledge the invaluable assistance from theiInternational community in forcing the iron-fisted Gayoom to bow down before the people and ushering in the democratic transition in the last decade, the truth is that sustaining a democracy is a task that is best accomplished at home.

Not India’s war

The playwright George Bernard Shaw said in the early 1900’s, “Democracy is a device that ensures we shall be governed no better than we deserve”.

The harsh truth is that the Waheed regime has survived for over an year – despite the reckless trampling over citizens rights, the outright hostility towards the free media, the excessive brutality and the total impunity – only because the Maldivian public has allowed this injustice to take place.

Appearing on The Daily Show, President Nasheed quipped about the Americans following India’s lead in legitimising the coup: “I wonder if it is an intelligent thing to outsource your foreign policy”

Likewise, it is perhaps lazy and counter-productive for Maldivians to outsource the task of nation building to a neighbouring country that has its own vested interests. Indeed, this is perhaps one of the primary lessons that Maldivian democrats should take away from the experience of the February 7 coup. What has been stolen from the Maldivian citizens must be reclaimed by the Maldivian citizens. The responsibility for safeguarding our democracy remains ours and ours alone.

While India intervention could certainly make the task of restoring democracy exponentially easier, it nevertheless remains an objective that needs to be met regardless of India’s stand on the matter.

And yet, as a liberal, democratic Maldivian citizen, one hopes that New Delhi might one day realise that propping up military and Islamist backed anti-democratic forces in its immediate neighborhood will never serve India’s interests – either in the short term or the long term.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Murder victim’s parents approve death penalty

The Criminal Court has taken statements from the parents of Abdul Muheeth of Veyru in Galolhu Ward who was murdered by a gang on February 10, 2012.

According to local media present in the court today, Muheeth’s father and mother declared they approved death sentences for the suspects if the court was to find them guilty of murdering their son.

The Prosecutor General has charged three men in connection with the murder of Muheeth, identified by police as Mohamed Maimoon of Naifaru in Lhaviyani Atoll, Ali Mushaffau of Maradhoo in Addu City and Muhujathu Ahmed Nasir of Gadhoo in Faadu Dhaalu Atoll.

In December 30, the Juvenile Court finished taking statements from the heirs of Abdul Muheeth, where all approved passing the death sentence against the trial’s defendants should they be found guilty.

In March, Police Inspector Abdulla Satheeh said Muheeth was mistakenly killed by a gang and that he was not the intended target.

Police previously announced that Muheeth was not a member of any gangs, adding that he had also held a responsible job at the time of his death.

Article 88[d] of the Maldives Penal Code states that murders should be dealt with according to Islamic Sharia and that persons found guilty of murder “shall be executed” if no heir of the victim objects, according to Islamic Sharia.

Although the Maldives Penal Code allows for the death sentence, it has traditionally been commuted to 25 years in prison.

However the Attorney General has drafted a bill proposing changes to the law outlining the execution of the death sentence, which would put it into practice.

According to the bill persons found guilty of crimes subject to death penalty will be executed using lethal injection.

The last person to be judicially executed in the Maldives was Hakim Didi, who was executed by firing squad in 1953 after being found guilty of conspiracy to murder using black magic.

Statistics show that from January 2001 to December 2010, a total of 14 people were sentenced to death by Maldivian courts.

However in all cases the acting president has commuted these verdicts to life sentences.

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Disappointment over low government turnout at One Billion Rising event

Organisers at One Billion Rising in the Maldives have expressed disappointment over the number government officials who failed to attend the event, aimed at ending violence towards women.

The international campaign was launched in the Maldives on Thursday (February 14) by NGO Hope for Women at Jumhooree Maidhaan in Male’.

The One Billion Rising campaign began after research revealed that one in three women around the world will be raped or beaten in their lifetime.

The gathering in Male’ featured live music and dance performances, and saw many young men and women in the crowds dancing together.

Despite the event’s popularity with youth in Male’, Chair of Hope for Women, Aneesa Ahmed, said the poor turnout from government officials “showed their lack of commitment” in tackling the issue of violence against women.

“We have been working alongside the Ministry of Gender, Family and Human Rights, and they have invited all government agencies and ministries, but I have hardly seen any of them here,” she said.

“I really don’t know what to say – the commitment is just not there. In the last few years nothing has really been done to help this particular cause,” Aneesa said.

Speaking to Minivan News, President’s Office Media Secretary Masood Imad said that the government was a broad entity consisting of many ministries and that he had not been aware of any specific invite to members of the government.

“As I understand, Acting Minister of Gender, Family and Human Rights] Dr Mariyam Shakeela attended. Some other ladies from the the government were there,” he said.

Masood said a member of staff from the President’s Office had also attended the event, as he had “skipped a meeting he was supposed to attend”.

Last month a study by Human Rights Commission of the Maldives (HRCM) found that support for women’s equality in the country had experienced a “significant drop”.

The report found that fewer respondents – compared to the 2005 survey – believed that women should have equal rights to men.

Aneesa said that the event was aimed towards the younger generation in the Maldives as they do not possess the “prejudices” elderly people have in regard to equality.

“I am particularly happy because there were so many young people here, it is very encouraging. These people will stand up against violence, they are going to be a very strong force.

“In the past few years we have this increasing influence of conservatism in the country and because of this the older generation are more cautious about coming to such an event. Things like dancing, as you see today, we are not supposed to do this,” Aneesa added.

Speaking at the event, Heat Health and Fitness Managing Director Aishath Afra Mohamed spoke about her concerns regarding violence against women in the Maldives.

“Some men are trying to keep their wives in the house, they don’t want women to work and socialise with their friends. They are very possessive.

“The rate of violence is going up and women are keeping quiet about it here. But this event is good to see, the more we make light of the matter, the better it will be,” Afra added.

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Construction chief not ruling out “organised crime” behind foreign worker surge

Almost half the employees in the Maldives’ construction industry are unregistered, the head of the Maldives Association of Construction Industry (MACI) has told Minivan News.

MACI President Mohamed Ali Janah said an estimated 40 percent of the foreign employees in the sector were thought not to be legally registered.

Considering these numbers, Janah said he could not rule out the involvement of organised crime in certain employment agencies, which supply a large amount of foreign labour to building sites in the Maldives.

Earlier this month, the Human Rights Commission of Maldives (HRCM) accused state and private sector employers in the country of lacking consistency in their efforts to address human trafficking.

The government – for its part – recently launched a ‘blue ribbon’ campaign with the aim of raising awareness of the rights of foreign workers, while also ratifying eight “fundamental” International Labour Organisation (ILO) conventions.

However, local independent institutions in the Maldives say the country is yet to ratify a core convention on protecting migrant worker rights, while no legislation is in place to punish those involved in smuggling workers.

Migrant worker demand

Janah claimed that 95 percent of construction groups operating in the country were Maldivian owned. However, as the country’s second largest industry on a GDP basis, the vast majority of employees in the sector were migrant workers, he said.

“We employ a huge workforce of some 60,000 to 70,000 people,” Janah explained. “Of these people, sadly we have 40,000 to 50,000 who are expatriates. We estimate there are some 15,000 to 20,000 Maldivian staff,  which includes management through to the supply chain.”

Of these migrant labourers, Janah said only some 30,000 were registered as construction workers.

“There are no records of where [these workers] come from. This is something we need to correct,” he said.

Highlighting the huge growth in the country’s unregistered migrant workforce, Janah said that in 2003 there were just 3000 foreign employees working illegally.

“At the time we thought that number was too high. Today, it has exceeded 50,000. This is hearsay. We don’t have the right statistics on this, it could be 100,000, but who knows,” he said. “The truth is that the economy is thriving because of these people,” Janah added.

Employee “mismanagement”

Over the last decade, MACI has said it has sought to advocate against the growth of illegal labour and mismanagement of foreign labourers by the construction industry.

A lack of Maldivian workers looking for jobs in the industry meant that the sector – as with many of the country’s prominent industries – was dependent on skilled and unskilled workers from abroad.

The Maldives could learn from how other thriving construction markets were dealing with the exploitation of foreign work forces, he said.

“The Maldives is experiencing what Singapore and some Middle Eastern countries experienced in the 1990’s, which is a huge influx of an unmanageable immigrant workforce that is not registered,” he explained.

“I cannot call them illegal immigrants or something like that. But I also wouldn’t rule out that organised crime is involved in this. This is being done with the support of several agencies in [several] countries and needs to be addressed – this is something respective governments need to look into.”

Aside from the construction industry, Janah also called for greater regulation of third party employment agencies that were often responsible for registering and providing foreign staff to building companies in the Maldives.

“[These agencies] pay a nominal fee to register themselves, yet they do millions of rufiyaa in business. They should pay a security deposit themselves in case something goes wrong,” he said.

Janah claimed said his own Maldives-based construction group, Alysen Services Pvt Ltd, had now opted against using third party agencies in favour of its own HR department. He said some eight to nine million rufiya was spent on deposits for foreign workers.

Accepting that employment agencies were vital to meeting the country’s workforce needs, he said MACI recommended its members look at the track record of these companies to limit the likelihood that the staff they were hiring were victims of human trafficking.

“Our advice is that employees themselves should not be charged any fees themselves by agencies to come here to work,” he said, a policy recommended to all MACI members as the best way to avoid association with organised crime.

Managing the workforce

However, Janah contended that managing the country’s foreign labour market was not something the industry could do alone, adding that government involvement was vital.

He pointed to a need to learn from different construction models not just in the region but internationally, pointing to other nations that have worked to legitimise foreign workers by requiring individual construction projects to be registered with local authorities.

With this registry in place, Janah said construction workers would then be required to be attached to a legitimate project in the country.

He also pointed to attempts by the former and present governments to provide an amnesty for unregistered workers in line with a similar scheme run in Dubai.

However, Janah stressed that Dubai’s amnesty was followed by a much stricter policy on migrant workers including the use of a “proper border control system”.

By comparison, he noted that successive administrations in the Maldives had failed to address human trafficking problems before implementing such an amnesty.

“The problem is that the government just adds rule after rule without addressing [immigration] problems,” Janah said, claiming that companies legitimately employing foreign workers were being forced to pay for the mistakes of others.

“There is collateral damage as a result of these policies. Many companies are suffering from the [work] permit issue.”

MACI contended that the worker quota system employed by Maldivian authorities in recent years made it possible to register a business as a construction company, even without fulfilling the “basic criteria” required of such an enterprise.

He said authorities should require construction companies to be registered not just as a business entity at the Ministry of Economic Development, but also with the Ministry of Housing.

However, the MACI president concluded that much more work needed to be done by the construction industry itself to try and curb the practice of unregistered workers to ensure they were not being made the victims of human trafficking.

“A lot more work needs to be done by industry. Companies who are entering the industry should not take short-cuts and must adhere to rules,” he said.

Janah added that a failure to address these concerns would not be feasible for the country in the long run, particularly with the amount of US dollars leaving the country as remittances.

“We need these workers,” Janah said. “But can we manage with less if we are more efficient?”

Janah also reiterated concerns raised by the Immigration Department and President Dr Mohamed Waheed Hassan Manik that a continued influx of unregistered and illegal workers could see the migrant population outgrow the indigenous Maldives population if unchecked.

Earlier this month, a Maldivian trade union alleged corrupt immigration practices and the use of unregulated employment agencies by private and state employers were limiting efforts to curb abuse of migrant workers and prevent illegal practices such as retaining staff passports.

The comments were made as a source with knowledge of the current immigration system also told Minivan News that the practice of retaining passports – a long-standing habit of Maldivian employers – was a key contributor to human trafficking in the country.

Meanwhile, back in January, a Malaysian IT company at the centre of legal wrangling over a deal to provide a border control system (BCS) to the Maldivian government alleged “criminal elements” could be behind efforts to scupper the agreement.

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Housing Ministry issues seven day ultimatum for National University to vacate Jamaaluddeen building

The Housing Ministry has sent a seven day notice to the Maldives National University (MNU) to vacate the old Jamaaluddeen School building, which houses the university’s Faculty of Sharia and Law (FSL), Faculty of Arts (FA) and Centre of Continuing Education (CCED).

Speaking during a press conference on Thursday, Housing Minister Mohamed Muiz said the notice was given following a cabinet decision on the matter. He added that the Attorney General had also advised the government in favor of the decision.

“The building that the National University is currently using is very old and no longer safe to carry out any activity. That is why I submitted the matter to the cabinet,” he said.

Muiz said the building should be vacated immediately as it was unsafe for students to study there.

“The government will not be responsible for any damages incurred by students, lecturers or anyone who uses the building. We have told them to vacate the building and remove their property as well,” he said.

Muiz said his ministry had repeatedly requested the MNU Council vacate the building, even after another building was shown to them.

Minister Muiz claimed that the government intends to demolish the building as soon as possible after MNU vacates it.

Speaking to Minivan News, Deputy Vice Chancellor of Maldives National University Dr Fayyaz Ali Manik confirmed that the university had received the letter from Housing Ministry.

“We have received the letter. However, it is not a very easy decision to make. We don’t have any choice but to stay in this building,” he said.

Fayyaz said the University had requested the government find an alternative venue to house the faculties that are currently in old Jamaaluddeen building, and denied claims by the Housing Minister that alternative premises were offered to the National University.

“We have not been given any other building. They never mentioned it,” he said.

Fayyaz reiterated that a final decision on whether to move should be decided by the university council.

“I think we got the letter this afternoon. So it would be up to the university council to decide on the matter. The council includes people who are not currently working in the university. So it may take some time to decide the matter,” he explained.

Speaking to Minivan News, President of the Law Students Society (LSS) Student association of Faculty of Sharia and Law, Mauroof Ahmed, said the students were very concerned about the issue as it directly affected their studies.

“This morning we got the news that the Housing Ministry has ordered MNU to leave this premises within seven days, and if the university fails to do so, that they will evict us by force,” he said.

“Our concern is not over leaving this place, but we want an alternative place where we can continue our studies,” he said.

Mauroof added that the LSS were planning to take their concerns to relevant authorities through student petitions.

“I even strongly believe that the FSL building is not in good shape. Every day we are putting our lives at risk by going there to study. But then again the housing ministry can’t just order us to empty the place in seven days without providing us with an alternative building,” said another student.

The Maldives National University was initially formed in 1998 as the Maldives College of Higher Education (MCHE). The institution was established to rationalise resources and assure the quality of all existing post-secondary government institutes.

In 2011 the MCHE went on to become the country’s first university, formed under the Maldives National University Act.

In November 2012, MNU announced that it would be launching the first PHD programs offered in country. The subjects offered include law and pedagogy. The university has also announced that it will also be launching programs on political science in 2013.

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