Category: Society & Culture

Maldives legal system “inaccessible” to migrant workers: Transparency Maldives

Migrant workers suffering poor treatment from their employers are giving up on taking their cases to court due to the “inaccessibility” of the Maldives legal system, an official from Transparency Maldives’ Advocacy and Legal Advice Centre (ALAC) has claimed.

ALAC Communications and Advocacy Manager Aiman Rasheed told Minivan News today that a large number of human rights abuse cases in the Maldives are “potentially” going unreported due to foreign workers not taking their disputes to court.

Rasheed claimed that both defects within government bodies and corruption were to blame for the human rights abuses affecting migrant workers.

“We are finding that a lot of the issues raised at our ALAC mobile camps involve employees not receiving their wages, having their passports confiscated by employers or are living in sub-standard living conditions,” Rasheed said.

Because of the perceived inaccessibility to the legal system in the country, Rasheed claimed that a lot of injustices involving migrant workers were not being taken to court.

“Getting involved in a legal case is a very costly process. It is very hard for a normal person to afford the services and the process can take a very long time.

“The problem is that we [ALAC] appear to be the only agency providing free legal advice to migrant workers, despite authorities recognising there is a need for free advice,” Rasheed claimed.

Since being launched back in 2012, ALAC has been providing free legal advice and training to victims and witnesses of corruption through mobile camps in Vaavu Atoll and Addu City.

So far, ALAC has assisted with 64 ongoing legal cases related to migrant rights abuses in just six months, whilst further providing advice and training to over 3,000 individuals, Rasheed claimed.

“While we cannot provide financial support to these individuals, we can offer guidance through our lawyers making the entire legal process a lot easier to navigate,” he said.

“We are wanting to further strengthen our partnership with state departments, because this is a national problem.”

While state departments have begun to introduce initiatives targeted at raising awareness of human rights abuse, in particular the ongoing issue of human trafficking, Rasheed claims that there has been no “serious action” taken to address the problem.

“There is a good reason as to why we are on the US State Department’s Tier Two watch list for human trafficking for [three] years in a row,” he added.

Blue Ribbon Campaign Against Human Trafficking

The Ministry of Foreign Affairs Yesterday (January 9) inaugurated an initiative targeted at raising awareness of the human trafficking issue in the Maldives.

The strategy, entitled ‘Blue Ribbon Campaign Against Human Trafficking’ is expected to include activities to try and raise awareness among students and the business community.

The tourism industry, which employs the largest number of foreign staff in the country, was identified as another key focus of the initiative.

The Foreign Ministry announced that it had signed a memorandum of understanding (MOU) with multiple local media outlets in the country as part of the campaign’s aim to raising awareness of human trafficking and other related issues.

India’s concerns

Last month, Indian authorities raised concerns about the treatment of migrant workers in Maldives, stating that the tightened restrictions over providing medical visas to Maldivians was a “signal” for the Maldivian government to address the their concerns.

The commission spokesperson added that the introduction of the tighter regulations was imposed as a clear “signal” from Indian authorities that the concerns it had over practices in the Maldives such as the confiscation of passports of migrant workers, needed to be brought to an end.

On November 26, 2o12, a public notice had been issued by the Maldives Immigration Department requesting no employer in the country should be holding passports of expatriate workers.

Back in October, a senior Indian diplomatic official in the Maldives had expressed concern over the ongoing practice of confiscating passports of migrant workers arriving to the country from across South Asia – likening the practice to slavery.

The high commission also claimed this year that skilled expatriate workers from India, employed in the Maldives education sector, had continued to be “penalised” due to both government and private sector employers failing to fulfil their responsibilities.

Individuals wishing for free legal advice from Transparency Maldives’ Advocacy and Legal Advice Centre can contact the organisation for free on (800) 3003567

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Four allegedly arrested over sexual offences at mental health institution

Four men have allegedly been arrested in Kaafu Atoll over drug and sex offences related to their work at the Centre for People with Mental Disability on the island of Guraidhoo, sources with knowledge of the matter have claimed.

Speaking to Minivan News under condition of anonymity today, several sources from the island claimed the four suspects stood accused of giving hash oil cigarettes to women staying at the centre and then having sex with them.

One of the four suspects was said to have been charged with filming the alleged crimes, according to the sources. However the charges are not thought to relate to women suffering with mental health issues or physical disabilities.

Several sources on the island of Guraidhoo today claimed that the four men alleged to have been arrested as part of the case were all staff at the centre – one of whom was claimed to be an Imam.

The same sources confirmed to Minivan News that the alleged offences occurred last year.

The suspects are currently believed to still be detained while investigations into the matter continue.

”Their pretrial detention period was first extended to seven days, and when the seven days were over, the court extended the [suspect’s] detention to another 15 days three times,” a source on the island claimed today.

Minivan News understands that although the woman were staying at the Centre for People with Mental Disabilities, they were not thought at the time to suffer from any mental health issue or physical disorder.

“I have information that these girls were first kept at the orphanage in Villingili and when they were old enough to get out from the orphanage and had nowhere to go, the government sent them to the Centre,’’ a source claimed.

The women alleged to be involved with the case have also been summoned to court to testify in the hearing held to decide on the length of pretrial detention for the suspects, Minivan News was told.

According to the Act number 12/2009 relating to Special Measures Applicable to Perpetrators of Child Sexual Abuse, any persons suffering with a disability will be treated in the same manner as a minor in cases related to sexual abuse.

A senior staff member at the Guraidhoo Centre for People with Mental Disability confirmed to Minivan News today that an “issue” with certain members of staff had taken place at the centre and that police were informed at the time.

“There is an issue like this.  But I cannot give information because all the staff here have signed an agreement that we won’t give out information related to things that goes inside the centre,” the source said.

“The incident was reported to police when the girls one day got mad at the staff working here and told that they were in a relationship with some staffs and the things they have done to the girls. That’s how the centre came to know about this. But we have not heard of the drugging part,’’ the source added.

Minivan News was awaiting a response from the Maldives Police Service regarding the matter at time of press.

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Maldives government to review laws that “victimise” sexually abused minors

The Maldivian government has today said it will review and potentially “correct” laws in the country it claims victimise young women and minors who have suffered sexual abuse.

President’s Office Media Secretary Masood Imad told Minivan News the government would be holding consultations with the Ministry of Islamic Affairs and other relevant authorities to discuss how minors who have been sexually abused were being treated in the country.

The comments were made as the Prosecutor General (PG’s) Office today confirmed it had pressed charges against a 15 year-old girl from the island of Feydhoo in Shaviyani Atoll for having “consensual sexual relations”.

A spokesperson for the PG’s Office said the charges against the minor were unrelated to a separate case against the girl’s stepfather over allegations he had sexually abused her.

“Protected, not punished”

President’s Office Spokesperson Masood Imad said that from government’s perspective, the 15 year-old girl was a victim who needed to be protected, not punished by authorities.

“We will be talking with the Ministry of Islamic Affairs over this manner and will review and correct the problem,” he said.

Masood claimed that the Maldives had experienced a number of similar cases of late where young women had been victimised and punished by authorities – a situation he said the government was looking to prevent.

“We are reviewing this right now and if we have to go to the extent of changing existing laws then we would look to do this,” he said.

While unable to comment on specific cases at time of press, Human Rights Commission of the Maldives (HRCM) Vice President Ahmed Tholal told Minivan News that he was hugely concerned about the number of reports of sexual abuse against minors in the country.

Acting Minister of Gender, Family and Human rights Dr Mariyam Shakeela and Minister of Islamic Affairs Sheikh Mohamed Shaheem Ali Saeed were not responding to calls at the time of press.

The reported handling of the case by authorities has garnered significant attention this week in both local and international media.

Charges

A PG’s Office spokesperson today confirmed that the charges against the minor were related to a separate offence of Sharia Law, which had been filed back on November 25, 2012.

The 15 year-old last year gave birth to a baby that was discovered buried in the outdoor shower area of a home on Feydhoo – her stepfather was later charged with sexual abuse, possession of pornographic materials and committing murder without intent.

The spokesperson said that another charge was filed against the girl’s mother over claims she had failed to inform authorities of the alleged sexual abuse of her own child.

Judicial authorities told Minivan News earlier this week that the charges against the 15 year-old were yet to be filed with the Juvenile Court at the time.

Director of the Department of Judicial Administration Ahmed Maajid was not responding to calls at time of press.

NGO criticism

The charges against the 15 year-old girl have been slammed as an “absolute outrage” by NGO Amnesty International.

In a statement released yesterday, Amnesty International’s Maldives Researcher Abbas Faiz stressed that suspected victims of rape and sexual abuse required counselling and support rather than facing prosecution.

“We urge the Maldivian authorities to immediately drop all charges against the girl, ensure her safety and provide her with all necessary support,” the NGO’s statement read.

Amnesty Intentional also raised concerns that should the minor be found guilty of “fornication” as reported in the media, she could potentially be flogged in line with sentencing for similar cases held in the country.

“If found guilty of ‘fornication’ the girl could be punished with flogging. She would likely be kept under house arrest until she turns 18 when, under Maldivian law, the flogging can be carried out. Flogging is a violation of the absolute prohibition on torture and other cruel, inhuman and degrading treatment or punishment,” Amnesty International stated.

“The Maldivian authorities should immediately end its use regardless of circumstances. The fact that this time a 15-year old girl who has suffered terribly is at risk makes it all the more reprehensible. Flogging is not only wrong and humiliating, but can lead to long-term psychological as well as physical scars.”

Fornication offence

Back in September 2012, a 16 year-old girl was sentenced to house arrest and 100 lashes for fornication with a 29 year-old man.

Permanent Magistrate of Raa Atoll Hulhudhuhfaaru, Magistrate Abdul Samad Abdulla, sentenced the girl to eight months under house arrest, and for public flogging once she reaches the age of 18.

Ali Rashid, an official of the Hulhudhuhfaaru Magistrate Court, said at the time that the girl had been sentenced for fornication because she had confessed to it. However, the 29 year-old male with whom she was co-accused had denied the charges.

“The man said he hadn’t committed fornication, but he admitted to having hugged and done certain other things with the girl. This amounts to sexual assault of a minor under the law. That’s why he has got the minimum sentence possible under the relevant law, 10 years in jail,” Rashid explained.

The official of the Hulhudhuhfaaru Magistrate Court referred Minivan News to Article 25 of the act detailing special actions to be taken in cases of sexual offences against children (Act number: 12/2009).

Article 25 says: “Unless proven otherwise, it cannot be considered that a child between ages 13-18 had given consent to committing a sexual act. And unless proven otherwise, it will be considered that the sexual act was committed without the child’s consent.”

In November 2011, UN High Commissioner for Human Rights, Navi Pillay, speaking in parliament, raised concerns about the issue of flogging in the Maldives.

Speaking on the issue, Pillay said at the time, “This practice constitutes one of the most inhumane and degrading forms of violence against women, and should have no place in the legal framework of a democratic country.”

Her statements and calls for discussion on the issue were met with outrage from then political opposition and religious conservative Adhaalath party, giving rise to protests and demonstrations. The Foreign Ministry, under the former government, dismissed the calls for discussion on the issue, stating: “There is nothing to debate about in a matter clearly stated in the religion of Islam. No one can argue with God.”

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IGMH operations “back to normal” amidst overcapacity fears

Overcapacity fears at Indira Gandhi Memorial Hospital (IGMH) in Male’ have been temporarily resolved today despite ongoing concerns about its ability to cope with the demand for medical care in the capital, a hospital official has said.

Local media reported yesterday that IGMH staff were trying “desperately” to accommodate patients after every bed within the hospital become occupied after a surge in demand for care.

An IGMH official told Minivan News today that while overcapacity fears had been temporarily resolved – with operations at the hospital having returned to normal – uncertainty remains over whether the same problems could again occur tonight.

The official alleged that the “source” of the overcrowding problem was due to a lack of proper medical services provided on the islands surrounding Male’, which had resulted in more patients coming to the capitol for surgery.

“While it is usually busier during the holiday period, the real problem is that the quality of hospitals and other medical services on these islands is not up to standard. Therefore islanders have no choice but to come to Male’ for treatment,” the source claimed.

“As transportation links between islands and Male’ have increased in recent years, it now means that more people can get here.”

According to the IGMH official, the hospital presently has a maximum capacity of 280 to 300 patients, while its catchment area has a population of 125,000 people.

In order to cope with the recent influx of patients this week, the hospital official claimed that the site had temporarily ceased operating on electives [non-urgent medical cases] in order to focus on those coming in needing urgent surgery.

“Normally we have around five patients waiting for admission in ER, however last night we had 18. We have tried to streamline the whole process by putting non-urgent surgery on wait so we could directly focus on urgent medical conditions,” the source said.

To future alleviate the number of patients coming into IGMH, the hospital source said today that an 11-floor building was to be constructed focussing on “mother and baby” related medical issues.

“About one third of our patients, on most occasions, are to do with paediatrics and gynaecology, so this new building will give us a lot more relief at IGMH,” the spokesperson said.

“The Finance Ministry, President’s Office and the Health Ministry are trying to get the loan [for the construction of the building], and when that comes through it is expected that the construction will take around five months,” the hospital official said.

Minister of Health Dr Ahmed Jamsheed Mohamed was not responding to calls from Minivan News at time of press.

IGMH concerns

Earlier this month concerns were raised about treatment received at IGMH by relatives of a mother who had given birth to a five-month-old foetus that was alleged to have been incorrectly diagnosed as deceased by hospital staff.

While the hospital maintained it had correctly pronounced the foetus as deceased before sending it to a cemetery in Male’ for burial, relatives expressed concerns about how the hospital had dealt with the matter.

The Ministry of Health told Minivan News at the time that a review would be undertaken of policies at state-run hospitals in the Maldives and their handling of such situations.

This week IGMH was required to commence a separate investigation into the case of a woman who had her uterus removed due to damage caused during the delivery of her baby, local media reported.  The child had been stillborn, according to reports.

A family member told Sun Online that the 24 year-old woman was admitted to IGMH last Friday where, despite advice from specialists at another institution who advised for a caesarean, she was asked to wait to see if she gave birth naturally – despite the umbilical cord being wrapped around the baby’s neck.

Twelve hours later, the family were told the baby had died in the womb.

COO of IGMH Dr Ismail Shafeeu told Sun Online at the time that a case related to a woman whose baby died during delivery was currently under investigation.

“Something like that has happened, we are looking into it. There are plenty of problems related to IGMH, some of which involve negligence by the staff. They’re all under investigation,” he said.

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Married couple arrested over possession of illegal narcotics worth MVR 615,600

Police have announced the arrest yesterday (January 8) of a married couple in connection to the discovery of 270 bullet-sized packets of illegal narcotics.

The drugs were said to have been discovered both at the couple’s home and at the workplace of the male suspect, according to local media.

The Maldives Police Service said that during raids on two separate properties as part of the case, MVR 72,025 (US$4670) and US$121 in cash were discovered. Two empty bottles of vodka were also said to have been found inside the couple’s home.

According to police, the female suspect was aged 22 and the man was aged 28.  Meanwhile, local newspapers have reported that the male suspect was employed at a State Trading Organization (STO) flour storehouse.  However, authorities have opted to withhold the names and other information of the suspects at time of press.

The male suspect was arrested at 2:30pm, while his wife was arrested at 5:30pm, according to police.

Commissioner of Police Abdulla Riyaz said via social media service Twitter that that the street value of the drugs seized yesterday was estimated at MVR 615,600 (US$39,922).

Minivan News understands that the couple were brought before judges to extend their pretrial detention period.

On November 28 last year, authorities uncovered more than MVR 1 million (US$ 64,808) in cash along with other foreign currencies during an operation to thwart a local drug network.

Deputy Police Commissioner Hussain Waheed tweeted at the time that the street value of the drugs discovered during the same operation would reach over MVR 10 million (US$648,000).

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Four arrested over Fares-Mathoda Health Centre theft

Police have confirmed the arrest of four people in connection to the theft on Sunday (January 6) of a safe from a health centre located on the island of Fares-Maathoda in Gaafu Dhaalu Atoll.

Police Spokesperson Sub-Inspector Haneef confirmed the arrests today, while also disclosing that the safe taken during the raid had been uncovered.

According to Haneef, the safe, which had been used to keep wages and other payments to health centre staff, had been discovered in waters surrounding the island yesterday (January 7).

“The safe was severely damaged when it was found and there was no money in it,” he said.

Local media has reported that an estimated MVR 28,000 (US$ 1,830) had been kept in the safe at the time of the theft.

The Manager of Fares-Mathoda Health Centre Mohamed Waheed has told Minivan News that thieves had broken though the health centre’s windows to gain entry to the building before managing to remove the safe from the property.

‘’It is a huge loss for the health centre, the money they stole had been saved to pay the salary of a staff that was on leave,’’ Waheed said. “It is the money saved to pay some allowances to the expatriate staff working here as well.’’

Waheed claimed the Health Centre presently had no budget, and may require government assistance to cover its losses.

“We are hoping that the Health Ministry will provide assistance to the Health Centre,” he said. “I understand that the stolen safe was found but [was] empty. We are also not provided with details of the investigation until it is completed.’’

Fares-Mathoda’s Island Council has told the local media that there had been growing concern at a perceived increase in crimes occurring in the area of late.

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Juvenile Court denies fornication charges filed against 15 year-old girl

Judicial authorities have denied that a 15 year-old child abuse victim is facing charges of fornication at the Juvenile Court, despite media reports to the contrary.

Local newspaper Haveeru reported yesterday (January 6) that the Prosecutor General’s (PG’s) Office pressed charges of fornication against a female minor from Shaviyani Atoll Feydhoo at the Juvenile Court following the conclusion of a police investigation.

Director of the Department of Judicial Administration Ahmed Maajid however told Minivan News today that no case against a minor for fornication had been submitted to the court at present.

The Maldives Police Service (MPS) has meanwhile confirmed that it had forwarded a case to the PG’s Office against a 15 year-old female for undisclosed reasons.

Back in June 2012, the same minor – a school student at the time – gave birth to a baby later discovered buried in the outdoor shower area of a home on Feydhoo. The discovery led to the arrest of four people, including the 15 year-old girl’s mother and step father.

Haveeru reported yesterday that the victim’s mother and step father had been charged with the murder of the baby. According to the newspaper, the girl’s step father also faces charges of possession of pornography and sexual abuse of a child.

Under the Child Sex Offenders (Special Provisions) Act of 2009, the penalty for child sex abuse is 10 to 14 years but can be extended to 15 to 18 years if the accused was in a position of trust with the children he or she abused.

The girl’s mother meanwhile faces charges under the 2009 law of deliberately concealing the alleged sexual abuse.

Charges

Department of Judicial Administration Director Maajid claimed that while no case had as yet been filed against the 15 year-old at the country’s courts, he understood that she faced criminal charges on a separate matter not related to the death of her child.

“As far as I know, the girl is being charged over a separate case of fornication, unrelated to the issue of the baby found buried,” he said.

Maajid claimed that although minors could not be charged for any crime under Islamic Shariah, Maldivian law did allow suspects under 18 years of age to be tried in the country’s Juvenile Court depending on the individual circumstances of each case.

“A minor is exempted from criminal liability in Islamic Shariah. Under Maldivian law, a minor of 15 to 18 years of age may be tried as a juvenile offender,” he said.

Maajid explained that juvenile offenders could be generally charged for any type of criminal offence.

Police Spokesperson Sub-Inspector Hassan Haneef confirmed today that a case had been filed against the 15 year-old girl, but was unrelated to the discovery of her dead child last year. However, Haneef said that further details on the charges could not be given at present due to the child’s status as a minor in the eyes of the law.

The Police spokesperson referred the matter to Prosecutor General (PG) Ahmed Muizzu, who was not responding to calls today. Minivan News was awaiting a response from the PG’s Office at the time of the press.

Dr Mariyam Shakeela and Dr Aishath Rameela, the respective Acting Minister and State Minister for the Ministry of Gender, Family and Human rights were also not responding to calls at time of press.

In September last year, a 16 year-old girl was sentenced to house arrest and 100 lashes after being found guilty of fornication with a 29 year-old man.

Desperate measures

There have been a number of recent incidents reported in the media where pregnant women have been forced to take desperate measures such as self-induced abortions, infanticide or abandoning infants.

On December 26, 2012, police announced that a baby had been discovered abandoned on the side of a road in the Maafannu Ward of Male’.

Earlier the same month, a 26-year old male and 20-year old female were reportedly arrested in connection to the discovery of a five month-old foetus buried on a beach on the island of Maradhoo Feydhoo in Seenu Atoll.

Over the last two years, three other newborns have been found dead in the country.

Over the same period there have been two separate incidents where newborn children were discovered abandoned but alive.

Two foetuses were reported discovered during this two year period, one hidden in a milk tin and the other at the bottom of Male’s municipal swimming pool. Another fully-developed baby was thrown into a park having apparently been strangled with underwear tied around its neck.

The Centre for Community Health and Disease Control (CCHDC) has previously described these incidents, as well as the figures detailing an increase in the rate of sexually transmitted diseases, as evidence of a sexual health crisis in the Maldives.

Nazeera Najeeb, head of the reproductive health unit of the CCHDC, told Minivan News in an interview last year that the centre was witnessing an “alarming” increase in cases of underage and unplanned pregnancies, where some girls are getting pregnant “without even knowing it”.

“These unwanted pregnancies are subsequently resulting in more unsafe abortions, baby dumping or infanticide,” she noted.

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Man sentenced to 24 years imprisonment for molesting his daughters

A 50 year-old man man from Maalhendhoo in Noonu Atoll has been sentenced to 24 years in prison after being found guilty by Kendhikolhudhoo island court of molesting his two teenage daughters, police have said.

According to authorities, the two girls would have been aged 13 and 17 in August last year when complaints were first submitted to Manadhoo Police Station in Noonu Atoll over the abuse.

News of the sentencing comes as authorities this week announced two people had been arrested over separate cases of child abuse alleged have occurred since the beginning of the year.

As part of its investigations, the police said they had arrested a 49 year-old male on January 2 on suspicion of molesting a 6 year-old girl on the island of Nilandhoo in Faafu Atoll.

Officers on the island, also based in Faafu Atoll, were called to attend a scene where a man was allegedly molesting the minor. Police said that officers had arrived at the scene in time to catch the suspect committing the crime.

According to police, the 49 year-old suspect was now being held under pretrial detention. His detention has been extended by Nilandhoo Court for 15 days.

Police this week also arrested a 54 year-old man over allegations he had sexually molested a 10 year-old girl on the island of Gahdhoo in Gaafu Dhaalu Atoll.

Police said the man was arrested yesterday [6 January 2013] at about 10:30pm.

Local newspapers have reported that the suspect was believed to be a relative of the victim.

December cases

Another three suspected cases of sexual abuse involving children or young women were reported to police last week.

On December 31, a 13 year-old living on Gahdhoo in Gaafu Dhaalu Atoll was reported to have sexually assaulted in an abandoned home on the island after being drugged and abducted, police have said.  Three suspects were arrested in connection to the assault.

The same day, a suspect wanted for questioning in connection to the sexual abuse of a 13 year-old girl in Male’ on December 30 handed himself  into police after authorities publicised his picture in the media.

Police also said they had arrested a 33 year-old male in connection with the rape of a girl below 16 years of age in Vili-Male’ on December 29, 2012.

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No casualties reported in Kaafu Atoll fish processing plant blaze

Authorities have said there have been no reported casualties following a fire at a fish processing plant on the island of Hinmafushi in Kaafu Atoll today.

Maldives National Defence Force (MNDF) Spokesperson Colonel Abdul Raheem told Minivan News that no one had been seriously hurt in the blaze, which had been brought under control by fire-fighters earlier today.  Colonel Raheem added that the suspected cause of the fire was presently unknown.

The Maldives Police Service also confirmed that it had not been informed of any casualties as a result of the fire.  However, Police Spokesperson Sub-Inspector Hassan Haneef said he could not provide further details on the incident at present as investigations were continuing.

According to local media, the factory, which is used to process fish products such as yellow fin tuna, was severely damaged during today’s blaze, resulting in the site being declared inoperable.

The Sun Online news service reported that authorities had first been notified of the fire this morning, with Hinmafushi Council President Shaan Ibrahim claiming that diesel barrels in the nearby area were believed to have been the cause of the blaze.

The councillor was reported as claiming that islanders, as well as local police and staff from a nearby resort, had attempted to try and control the fire before MNDF officers arrived about an hour after the blaze had been reported.

The factory itself is operated by a company called Maldives Quality Seafood Pvt Ltd.

Attempts by Minivan News to contact the company through details provided on its website were unsuccessful at time of press.

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