Opposition protests continue as President calls for return to article 285

Opposition protests on Male’ continued over the weekend against the military’s detention of Criminal Court Chief Judge Abdulla Mohamed, and a proposal to withold lower court salaries until the judiciary is lawfully appointed in accordance with Article 285 of the Constitution.

Judge Abdulla Mohamed was arrested by the military on January 16 after he attempted to block his own police summons. Charges against him include 14 counts of obstructing police duty, “hijacking the court” and other corrupt professional dealings.

For the past two weeks opposition-led demonstrations have taken place outside the Maldives Monetary Authority (MMA) building, the closest point to the no-protest zone surrounding Republic Square, the President’s Office and other official buildings. After attempting to advance on Republic Square around midnight, smaller protests have spread to other parts of the city.

Activities this weekend have ceased by 1:30 am each evening, Police Sub-Inspector Hassan Haneef said.

On Thursday evening opposition leaders including Progressive Party of Maldives (PPM) Vice President Umar Naseer addressed an attentive crowd – approximately 200 young and old men and a few older women – from atop a van parked outside the MMA building. Starting at 9:00pm, speakers listed their concerns, made allegations against the current government and requested a fair trial for the judge.

“This is a dictatorship, this here, it is all dictatorship,” several protesters told Minivan News, while another claimed “the President is a drunkard and a [drug] addict.”

After a group prayer the crowd retreated in preparation for an advance on Republic Square. Following a swift surge from behind the fish market to the police barricade in front of the MMA building, protesters were held at bay by police forces armed with body-length plastic shields. Civilians shouted, criticised and laughed from nearby alleys as police and protesters retreated from the no-protest zone.

Around 12:30 am police used pepper spray to disperse the crowd, following violent scuffles.

During a clash in which protesters allegedly hurled pavement bricks, Haveeru photographer Ibrahim ‘Dodi’ Faid sustained a blow to his head. He was treated at ADK hospital.

PPM activist Ahmed ‘Maaz’ Saleem was taken to Indira Ghandi Memorial Hospital (IGMH) following a blow to his leg, local media reported.

By the end of Thursday evening police had arrested 22 individuals including PPM MP Ahmed Nihan Hussain Manik and former SAARC Secretary General Dhiyana Saeed, who recently resigned from her SAARC post after criticising the government’s order to detain Judge Abdulla Mohamed.

As the protestors dispersed, Saeed and two unidentified women sat in Republic Square, Haneef said. After refusing to leave the three women were taken into police custody for approximately five minutes before being released.

Of the 22 individuals arrested 17 were transferred to Dhoonidhoo Detention Centre. All were released on Friday, Haneef said.

Maldives National Defence Force (MNDF) also arrested an individual from Henveiru ward carrying a large knife after the protests on Thursday night. Minivan News was informed that the knife was an ornate “war” knife approximately one and a half feet long.

Haneef confirmed that the individual was in custody and an investigation was underway.

On Friday the protests continued in the same location while ruling Maldivian Democratic Party (MDP) rallied at party headquarters on Ameenee Magu.

According to local media, PPM MP Saleem returned to the MMA building area in a wheelchair to join protestors who broke through police barricades and sat in an open area nearby.

PPM MPs Riyaz Rasheed and Ilham Ahmed meanwhile were allowed into police headquarters where they requested a meeting with Police Commissioner Ahmed Faseeh, local media reported. An appointment has not been set.

Police report no violence or use of pepper spray during Friday’s protest, however four individuals were arrested and are currently being held at Dhoonidhoo.

As the protests look to stretch into their third week, Haneef said police are “still doing our duties as usual. We are not fatigued.”

He added that MNDF will maintain its position outside state television station Maldives National Broadcasting Company (MNBC), following targeted attacks last week in which journalists were beaten and tasered by protesters. The journalist who was beaten, Moosa Naushad, has been sent for medical treatment in India following injuries to his back and hand.

Protest leaders have pledged to continue the street demonstrations if their demands are not met. On January 26 MNDF rejected a High Court order to produce the judge.

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Allegations against Chief Judge first sent to Gayoom in 2005

The first complaints filed against Chief Judge of the Criminal Court Abdulla Mohamed in July 2005 included allegations of misogyny, sexual deviancy, and throwing out an assault case despite the confession of the accused, Minivan News has learned.

A letter sent to President Maumoon Abdul Gayoom by then Attorney General Hassan Saeed, obtained by Minivan News (page 1, 2), outlined three specific allegations against Abdulla Mohamed.

While presiding over a sexual offence case against Azeem Abdullah of Chaandhaneege, G.A.Kanduhulhudhoo, on May 19, 2005, Saeed told Gayoom that Abdulla Mohamed “made the two children who were summoned as witnesses against the accused stand in front [of the court] and asked them to look at the people present.

“He then made the children identify the individuals they were looking at. Although the children said in court that the accused performed the indecent act he was accused of, the Judge made the children act out the indecent act in the presence of the perpetrator and the rest of the court.”

Saeed’s second allegation concerned the hearing of physical assault case on June 6, 2005, against Ibrahim Ali of H. Saaroakaage.

“The case was submitted based on the admission of the accused that he had committed the assault, but Judge Abdulla Mohamed of the Criminal Court dismissed the case, stating that there was no case against the accused,” Saeed wrote.

In Saeed’s third allegation, concerning a criminal case on June 6, 2005, against Ahmed Naeem of Male’ Municipality Special Register, “after completing the sentencing of the defendant, Abdulla Mohamed said, ‘…very few men ever meet women who love them. You may meet a woman who loves and cares for you. You should not run after a woman who does not love you. It is also stated in Holy Quran that women are very deceptive.’”

The Judicial Services Commission (JSC), the judicial watchdog, eventually formed a complaints committee to investigate the cases against Judge Abdulla in December 2009, which met 44 times but had failed to present a single report as of March 2011.

Speaking at an opposition rally on January 24 against the detention of Abdulla Mohamed, Saeed acknowledged that he was “not satisfied with Judge Abdulla’s actions either.”

“[But] he did not have to do things to my satisfaction. I submitted the legal points I noticed [related to the judge’s conduct] to the head of the judiciary at the time, President Maumoon Abdul Gayoom. I could have removed Judge Abdulla from the post through pressure. But I did not do it because it was not my responsibility,” Dr Saeed said.

“The constitution today forbids influencing judges. So, looking at the current scenario, the country has gone ten years backward.”

The current judicial crisis was sparked after Abdulla Mohamed filed a case in the Civil Court which granted him an injunction halting his further investigation by the JSC. This was following by a High Court ruling against a police summons on January 16, which prompted police to request the Maldives National Defence Force (MNDF) take the judge into custody.

Home Minister Hassan Afeef subsequently accused the judge of “taking the entire criminal justice system in his fist”, listing 14 cases of obstruction of police duty including withholding warrants for up to four days, ordering police to conduct unlawful investigations and disregarding decisions by higher courts.

Afeef accused the judge of “deliberately” holding up cases involving opposition figures, barring media from corruption trials, ordering the release of suspects detained for serious crimes “without a single hearing”, and maintaining “suspicious ties” with family members of convicts sentenced for dangerous crimes.

The judge also released a murder suspect “in the name of holding ministers accountable”, who went on to kill another victim.

Vice President of the Maldives Dr Mohamed Waheed Hassan opposed the judge’s detention, stating on his blog that “I am ashamed and totally devastated by the fact that this is happening in a government in which I am the elected Vice President.”

The government then requested assistance from the international community to reform the judiciary. Observing that judicial reform “really should come from the Judicial Services Commission (JSC)”, Foreign Minister Ahmed Naseem said the commission’s shortcoming are “now an issue of national security.”

“We have been working to improve the judiciary since we came to power, but we have not succeeded,” said Naseem. “We have asked the international community to assist us in this effort several times, and we find that they are willing to help at this point,” he explained.

A group of lawyers have meanwhile sent a case to the International Criminal Court (ICC), appealing that the judge’s detention is an “enforced disappearance” under the ICC’s Rome Statute.

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The fine print of free health care: public responsibility

The Maldives’ Aasandha scheme realised a dream held by many citizens around the world – free health coverage. But it has also put a spotlight on the Maldivian public’s prodigious appetite for medical care.

“The launching of Aasandha has challenged the two hospitals in Male’, pushing them to their limits with frenzied ‘patients’ (or should I call them customers?) flooding and packing the hospitals,” wrote public health expert and Chief Operating Officer at Male’s ADK hospital, Dr Ahmed Jamsheed, in a January 16 blog post.

Observing that ADK has seen a 50 percent increase in specialist consultations and a 100 percent increase in demand for basic services, Dr Jamsheed describes the hospital as “overwhelmed.”

During the first 14 days of the Aasandha scheme, 41,000 individuals sought health care at ADK – 11 percent of the country’s population – costing the scheme millions and raising serious concerns over its sustainability, Dr Jamsheed observed.”

“In the absence of an ongoing epidemic, statistically and epidemiologically speaking, it is unlikely that so many people would be sick needing health care simultaneously,” he said.

The Aasandha scheme, a public-private partnership with Allied Insurance, was implemented on January 1, 2012. The public rush for national identity cards, a necessary ticket to free medical treatment, foreshadowed the scheme’s popularity.

Speaking today to Minivan News, Dr Jamsheed said limited information on Aasandha’s financial structure has led the public to exaggerate their medical needs.

“A lot of people seem to be of the mindset that they need to spend all of their Rf100,000 (US$6500) yearly allowance. Many don’t understand that if they don’t spend that cautiously they’ll be in trouble when something really does go wrong, especially if they have no way of settling the bill once they go over the limit.”

Pointing to the Maldives Inland Revenue Authority’s (MIRA) publicity of last year’s Goods and Services Tax (GST) initiative, Dr Jamsheed indicated that the integrity of universal coverage depends on an informed public. “A lot of political statements haven’t captured the scheme’s real meaning,” he said.

While Maldivians have a yearly allowance for health services, Jamsheed pointed out that funds for the scheme come from taxes. “If people exceed their allowance, the government could decide it has to raise the allowance. That would mean raising taxes,” he said.

“In a way the previous Madhaana scheme, where patients co-shared the cost, was useful in limiting unnecessary hospital visits and prescription charges,” he added.

Medical professionals have commented on what they describe as the population’s reflexive hypochondria. One doctor reports recently seeing a patient who boasted of visiting four doctors in one day. This author was once advised to seek medical advice for a pimple “because of the pain”.

Aasandha appears to prove the business rule that low prices attract public interest applies even to medical services – many Maldivians talk about being encouraged to go to the hospital simply because treatment is free.

Moreover, with no value placed on a consultation, Dr Jamsheed reports that many appointments are not being kept, an “injustice” which is creating delays. He adds that without a referral system, medical specialists are unnecessarily overwhelmed.

While some doctors may recommend advanced procedures to pad their profits, “what is more evident and frequent is the number of requests, pressure and time demand from patients and their family on doing medically unadvised or unnecessary investigation. Perhaps they don’t realise that this practice drains ‘their’ valuable money or funds in the insurance system, to which they would have to rely to get critical service when ‘needed’!”

A previous article by Minivan News reported that medical equipment and staff training doesn’t support effective diagnoses. In addition, hospitals and physicians are not properly monitored. Although the government has asked the people to treat the privileges of the Aasandha scheme responsibly, systemic reforms remain.

Noting that Maldivians “seem to demand rights rather than take responsibility,” Dr Jamsheed said he believed the desire for medical consultations had historical roots.

“When doctors began going to the islands in the 1980s and ‘90s, their services were promoted as a superior way of dealing with health issues. Then specialist doctors arrived. People saw this gradual improvement and right now the mentality is that for anything they need to see a specialist,” he explained. “It’s something we’ve subconsciously promoted.”

CEO of Indira Gandhi Memorial Hospital (IGMH) Cathy Waters echoed Dr Jamsheed’s observation that the number of ‘no-show’ appointments had increased. She reported that the hospital has seen a slight but steady increase in visits, prompting plans to allow more clinic appointments in February.

“Things have been calm, but steady,” she said. “Even before the Aasandha scheme people were coming to see doctors regularly for small things, often not understanding how those afflictions can be self-limiting,” she added.

Waters agreed that a lack of public education about minor illnesses and home care was an issue. “It’s important that people understand when to go to a doctor,” she said. Waters added that IGMH is considering developing a referral system to control patient access to specialists.

In addition to poor public responsibility and medical awareness, Jamsheed suggests that Aasandha’s broad coverage could also encourage abuse from within the system.

Under the scheme’s fee-for-service payment model, services are separately paid. Favoring quantity over quality, the method is an incentive for physicians to provide more, often unnecessary, treatments. According to Jamsheed, “this cannot be (significantly) avoided unless there is an effective and efficient regulatory system with full cooperation of the hospital management and responsible doctors. We all know that we don’t have this  ‘ideal’ scenario in the Maldives.”

The government’s own track record regarding health care doesn’t engender confidence – last year an Education Ministry taskforce took over the  response to a dengue outbreak from the Health Ministry.

“There is lack of clarity on policy directions and plans,” Jamsheed writes. “The Government keeps on changing policies, which causes difficulty in managing and uncertainty for the future.”

This year the Maldivian government has pledged to build new medical facilities, including hospitals and pharmacies, to provide better medical care within the atolls. While the Health Ministry has said space and staff shortages are an ongoing concern, Jamsheed and Waters agreed that the current rise in patient visits on Male’ should be addressed through education and reform within the medical system, rather than physical expansion.

“The rise in patient visits is slight but steady,” said Jamsheed. “We need to study the trend before making large financial investments.”

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India will back Maldives “through upheavals”

Two years after registration the Friendship Association of India-Maldives (FAIM) launched its website last night in honor of India’s Republic Day, pledging new opportunities for cross-cultural dialogue between the two nations.

Maldives President Mohamed Nasheed said the country would “continue to get aspirations and lessons from the Indian experience.”

In conjunction with the cultural classes and services available through the Indian Cultural Center (ICC), FAIM aims “to strengthen the relationship, create friendships and build mutual understanding between the peoples of India and Maldives through organizing social, cultural, academic and other activities of mutual interest.”

Highlighting India’s artistic traditions, FAIM staff expressed a strong interest in supporting arts in the Maldives.

“The Maldives has very little internal support for the arts,” said a FAIM secretary. “We would really like to see what we can provide,” he said, acknowledging that the Maldivian community has a lot of hidden talent.

India and the Maldives enjoy close partnerships in education, technology and transportation development; India recently passed a regulation allowing Maldivians visa-free entry for 30 days.

In addition to encouraging cultural exchange, FAIM encourages a greater understanding of the distinct cultures. “Although archaeological finds indicate that the Maldives was inhabited as early as 1500 BC, much of the country’s origin is lost in history – most of which is as much folklore and myth as fact,” states the FAIM website.

While welcoming guests for “a light evening”, Indian High Commissioner and FAIM patron Dynaneshwar Mulay addressed the ongoing political turbulence and judicial crisis in the Maldives by affirming the close ties shared between the two nations.

“A democracy will see upheavals,” he said. “The Maldives is perhaps one of India’s closest partners. The Indian High Commission will always be there to help the Maldives.”

Mulay recollected that the Indian public protested against corruption last year, upholding rights embedded in its 1950 constitution. The protests, triggered by Anna Hazare’s Ghanid-esque hunger strike in April, captured world audiences and was voted one of Time Magazine’s Top Ten Stories of 2011.

Affirming the importance of India’s warm relationship with the Maldives, President Mohamed Nasheed said consolidation of democracy, including establishing a rule of law and an independent judiciary, is “our biggest and most important project.”

Thanking the Indian “people, its government and its institutions for the very necessary and good assistance they continue to give to the Maldives in our work to become a democratic society,” the President assured those gathered that the government shares concerns raised about the nation’s judicial crisis but views them as part and parcel of the task at hand.

“We have heard many criticisms, and we will continue to hear them. Would the end justify the means?” he queried.

“What I am sure of is that the people of this country aspire for a free and fair judiciary. And they want the judiciary to look like them. They wanted the presidency to look like them. They wanted the Parliament to look like them. And therefore the new judiciary has to look like them. They have to look like the Maldives. That is what has been asked of me, and that is what I am going to do.”

“Very often we have to invent, and invent out of the box,” the President said, asking for other powers to understand the Maldives’ current situation as a necessary, if complex, path to a stronger democracy.

Emphasising the value of cross-cultural dialogue in diplomatic matters, the President expressed hope that the traditional Indian thabla music would “broaden our minds and give us means to understand what is happening around us.”

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Fisheries industry at stake as activists threaten to withdraw ‘dolphin-safe’ label

The Maldives tuna industry’s dolphin-safe reputation is under threat after US-based non-profit environmental organisation, Earth Island Institute (EII), launched a campaigns with ECOCARE Maldives against a proposed dolphin lagoon.

The lagoon is an educational and recreational program proposed by famous tennis player Amir Mansoor,  involving 6-8 trained dolphins imported from the Caribbean.

EII, which issues the dolphin-safe label to 93 percent of the world’s tuna market – including 14 Maldivian companies – has said it will rescind the label from government-owned canneries should the government approve Mansoor’s program. EII claims to have already warned foreign buyers and distributors of its concerns.

Mansoor and staff accuse EII and ECOCARE of “threatening” the fishing industry, while their opponents maintain that importing dolphins will damage the Maldives’ “Always Natural” image, as well as endanger marine life. Both sides have accused the other of corrupt dealings.

Meanwhile, cannery and government officials are slowly siding with the activists, citing legal and economic reasons.

A November 3, 2011 EII press statement read, “the Maldives tuna industry has adopted a policy to ensure that no dolphins are ever killed in tuna nets.”

“That Dolphin Safe standard is respected all over the world”, Dolphin Safe program Associate Director Mark Berman told Minivan News. “If the Maldives’ government allows live dolphins to be imported into their country, the Dolphin Safe reputation of the Maldives will be jeopardised. Major tuna importing nations will not buy tuna from governments that harm dolphins.”

Senior management officials of Dolphin Lagoon Maldives claim the goal is to provide dolphins born and raised in captivity with a healthy lifestyle, while educating and entertaining the public.

“The proposed lagoon is the largest in the world for the small number of dolphins that will inhabit it,” said a source involved in establishing the lagoon, who requested anonymity. The dolphins would be “taken for a ‘walk’” on a daily basis and allowed to swim away from the group if they so desired. The choice to return to the lagoon after an excursion would be voluntary, the source stated.

The program’s website contends that people are critical to conservation – ”but they will only become engaged in helping to solve the problems if they get to understand something about the problems… through knowing the dolphins.” School programs are also in the works.

“We need something new in tourism because the Chinese don’t want to pay for bars, scuba, and safari,” said Mansoor, who said he believed opposition to the project was “motivated by jealousy”.

EII and ECOCARE meanwhile maintain that “captivity is captivity.”

Dolphin safe

A letter sent from the lagoon program to EII staff claimed, “Mr Berman is deliberately using the ‘ dolphin safe ‘ label provided by his organisation to the tuna fisheries companies in the Maldives as a tool for his campaign. Confusing the real meaning of the ‘dolphin safe’ label and trying to make people believe that dolphin safe also means that the country has no dolphin program.”

According to the EII website, the companies licensed with the dolphin-safe label must meet the following criteria:

  • No intentional chasing, netting or encirclement of dolphins during an entire tuna fishing trip;
  • No use of drift gill nets to catch tuna;
  • No accidental killing or serious injury to any dolphins during net sets;
  • No mixing of dolphin-safe and dolphin-deadly tuna in individual boat wells (for accidental kill of dolphins), or in processing or storage facilities;
  • Each trip in the Eastern Tropical Pacific Ocean (ETP) by vessels 400 gross tons and above must have an independent observer on board attesting to the compliance with points (1) through (4) above

Lagoon program officials asked EII staff, “Where is the relationship between having a dolphin lagoon, as proposed for the Maldives, and the purpose these labels are used for? Where does it say in order to have a dolphin-safe label the country can not have captive born dolphin programs? In fact, if they are related, why is the same organisation that is providing these labels to the Maldives still supporting other countries that have dolphins in captivity like Indonesia, Malaysia, Singapore, China Portugal, Spain, and most shocking of all, even companies in countries such as Japan, Peru and Brazil which kill dolphins for food?”

Mansoor claimed these and similar questions sent to EII have not been answered. Speaking to Minivan News, Berman pointed out that all companies licensed in the US, Japan and other listed countries are privately operated and “don’t support trade in dolphins.”

Berman added that EII has successfully campaigned against several dolphin programs in the US, including a dolphinarium in South Carolina and dolphin parks at Great America and Six Flags Amusement Park in Texas.

While EII licenses all Maldives’ tuna canneries, only government-owned companies – Felivaru, Koodoo and Maldives Industrial Fishing Corporation (MIFCO) – would be affected by a government decision, Berman said.

Point 12 of the EII licensing form states that a licensed fisheries’ “subsidiaries or affiliates worldwide do not participate in, or profit from, nor is the company connected to companies involved in, whaling operations, dolphin drive fisheries, live capture and or traffic of marine mammals for zoo and aquarium trade.”

The government – which is not itself a company- does not subscribe to an official dolphin-safe policy. However EII would consider its decision to reflect directly on tuna canneries’ dolphin-safe licenses.

“If the government allows the import of dolphins, these companies will violate the dolphin-safe policy,” Berman said, warning that “if I tell Thai Union tomorrow to stop buying tuna from Koodoo, they will cancel their orders.”

Who’s in charge?

The lagoon program has been shuttled around the ministries of Environment, Finance, Fisheries and Tourism, according to Fisheries Minister Ibrahim Didi. It has not yet been approved.

According to Didi, program management did not agree with Cabinet’s assessment of the program as 100 percent tourism, and “it was only by chance that I was at a meeting and found that the program concerned fisheries”.

On January 3, EII’s executive director David Phillips sent an email to Didi urging the government to reject the lagoon program.

Echoing EII’s claim that allowing imported dolphins would open the market for other projects, threatening the indigenous population and even inviting the ‘dark side’ of the dolphin trade – poachers – Didi said “some legal issues have been raised because the program violates Fisheries’ and Environment laws.”

The Maldives Ministry of Fisheries maintains good relations with EII and Mark Berman, State Minister Dr Hussein Rasheed said last week.

However, “the Maldivian government is not a client to the EII and we are considering the needs of the industry and remaining aware of the market,” he said, adding that regardless of the dolphin-safe label, no dolphin has been reported injured or killed during a Maldivian tuna fishing trip.

Rasheed claimed the government would weigh the Maldives’ economic base – tourism and fisheries – against the concept of the Maldives as ‘always natural’.

“Any decision has economic complications – approval of the lagoon program will have a cost, and disapproval will have a cost. We will not compromise the liability of our tuna industry. But then again, we have to move along and encourage innovation and entrepreneurship. This is how society progresses. We must also look at the long term impacts of a decision on our economy and our image in the world. Everything has to be fair,” he explained.

Meanwhile, government canneries are sheepishly stunned.

MIFCO’s Sales and Marketing Director Adley Ismail said the fishery took pride in its dolphin-safe status, but “don’t see the relationship between the tourism industry and our practices.”

“In a sense, we are on [Berman’s] side because we don’t want the label removed,” he said, while Koodoo Fisheries’ Managing Director Abdulla Thasleem noted that without the label the premium on canned tuna would drop.

MIFCO recently entered a joint venture with Thai company Mahachai Marine Products, however Berman said that without the dolphin-safe label it would be forced to sell its shares.

Felivaru’s Head of Production Solah Mohamed put his trust in EII. “In my opinion, a dolphin park is not a good idea – it would indirectly harm the fisherman. If EII is against it we should be too because with their power, EII can do many things,” he said.

ECOCARE Chairman Mohamed Zahir said he would encourage and “pressure” the fisheries, with which Berman met on Monday, to write letters to the government opposing the lagoon.

The origins of ‘dolphin-safe

In the late 1980s the world’s three largest tuna companies – Starkist, Bumblebee and Chicken of the Sea – jointly boycotted tuna caught using methods threatening to dolphins, killing off 80 percent of the market between 1988 and 1990. That year, Starkist partnered with EII to promote dolphin safety monitoring in the tuna fishing industry; in late 1990 the Maldives’ only government fishery at the time, MIFCO, signed the dolphin-safe tuna fishing pact.

EII’s dolphin-safe label, one of six such labels, has become a standard adhered to by 90 percent of the tuna fishing industry world-wide. According to Berman, countries that haven’t subscribed to the label, including Mexico and Venezuela, have virtually no market access.

For this reason, however, the World Trade Organisation (WTO) ruled in September 2011 that American dolphin-safe tuna labels are “overly restrictive” in comparison to international standards and violate free trade agreements with Mexico. The US appealed the decision on January 20, 2011.

‘Always Natural?’

Maldives’ centuries-old ‘pole and line’ fishing method is both dolphin-safe and a source of national pride. Zahir argues that Mansoor’s program would violate this tradition.

“We oppose the program because it is against our culture; it would introduce the Atlantic bottlenose dolphin which is an alien species and could transmit diseases to marine life; it doesn’t support education; and it’s contrary to the Maldives’ ‘Always Natural’ brand,” he said, noting that “it would be very easy for EII to buy an ad to display all over the world that reads ‘Always Natural?’ instead.”

The veterinarian handling the dolphins slotted for import, Thomas H. Reidarson , said the dolphins would undergo standard tests as well as extensive screening “to insure that none are capable of transmitting diseases to wild dolphins with whom they might interact.” Program management added that the tourism industry – which draws increasing numbers of speed boats, sea planes, divers and waste – is threatening the Maldives’ dolphins’ natural habitat.

Zahir dismissed the claims as “an excuse to have captive dolphins” while Berman retorted that any health certificates are “likely bought”.

“We can take this to the international media, but we don’t want to give the country a bad name”, Zahir explained, adding that “the fisherman’s union has said it would be no problem to mobilise fisherman to march in the streets of Male’ if the label is withdrawn.”

Berman warned that distributors and foreign partners of the Maldives’ government fisheries have already begun looking for new sources following conversations with EII. “It’s a premium product, and the companies are acting fast to guarantee their business interests,” he said.

Even if private canneries retain their dolphin-safe labels, Berman estimates they would be unable to meet the huge consumer demand displaced onto their operations once government canneries close their doors. “Felivaru and Koodoo have already said they would have to close without the label,” he said.

Stuck at Odds

While EII and ECOCARE are strongly opposed to the lagoon program, they have yet to have any direct dialogue.

“We don’t care who is behind it, we don’t have to go and ask why or how, we aren’t journalists who have to do a check and balance of what is right or wrong,” Zahir said. “We only respond to the government gazette.”

Correspondence obtained by Minivan News indicates that EII staff did not respond to a majority of emails from lagoon program staff, who challenged the EII’s threat. Berman explained, “our business is with the government and the fishing industry.”

“There is no common ground in a dialogue with dolphin traders. It’s like talking to an orangutan – what’s the point?” he said, adding that invitations to debate with various captive dolphin programs in the US have never received a response.

Berman and ECOCARE did attend the web launch of Dolphin Lagoon Maldives near the Tsunami Memorial on Monday night. Berman later told Minivan News that he attended the event as a “peaceful observer” but was “shoved, threatened and a bit manhandled” by protesters at the launch.

Alleging that the aggressors were “hired thugs”, Berman said the behavior was “typical of the captive dolphin industry, they resort to violence and intimidation. Our policy is if it’s too dangerous for us to work, we pull out – with the dolphin-safe label,” he added.

Mansoor, who said he did not witness the incident, was aware of an aggressive verbal exchange “but there was no physical confrontation.” He claimed the activists had been arguing their point of view with bystanders at the launch. “They came to create a scene. I gave clear instructions to my staff not to make a scene because I suspected they would want one to give us bad publicity,” he said.

According to Mansoor the Cabinet has approved his program, however he is working with the President’s Office against EII’s demands. He argued that EII’s claim about its contract “is all crap” and is being used to “threaten” the fisheries.

Correction: Previously, this article stated that dolphins would be free to leave the lagoon and are recalled from excursions by a whistle call. In fact, dolphins would be free to roam during daily excursions after which they return voluntarily.

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Foreign Minister to file defamation case over DQP’s claims he voted to form State of Israel

Foreign Minister Ahmed Naseem has announced he will file a defamation case against the Dhivehi Qaumee Party (DQP), after it published a pamphlet alleging among other claims that he had secretly voted for the formation of the state of Israel.

“I was not even born then,” Naseem said today. “But the Maldivian public do not know this – many of them don’t know when the state of Israel was created.”

Naseem said people were now shouting at him in the street calling him a “Jew-lover” and making threatening telephone calls following publication of the pamphlet.

The Maldives co-sponsored a resolution to grant Palestine full membership to UNESCO, but the delegation returned before voting.

The resolution was adopted with 107 countries voting in favour, 14 voting against and 52 abstaining, signaling a significant symbolic victory for Palestine’s bid for statehood ahead of a similar vote at the UN General Assembly in New York.

However in the chapter of the contentious pamphlet headed “Helping the Jews instead of aiding the poor people of Palestine”, the DQP states that: “Nasheed’s current Foreign Minister ‘Kerafa’ Naseem is a person who voted on behalf of the Maldives at the UN to [recognise] Israel as an independent nation. Naseem’s action was contrary to both the order and view of the government at the time.”

The party further accused the government of efforts to “familiarise Maldivians with Jews and Israel, and show their virtue and induce love and empathy in Maldivian hearts. Nasheed’s government has brought in teams under different names such as doctors and agriculturists and begun the actual work of acquainting Maldivians with Jews.”

Police interrogated and briefly detained leaders of the DQP on January 12, after the President’s Office requested an investigation into “slanderous” statements alleging the government was working under the influence of “Jews” and “Christian priests” to weaken Islam in the Maldives and incite religious hatred.

DQP council members including former Justice Minister Dr Mohamed Jameel Ahmed and ‘Sandhaanu’ Ahmed Ibrahim Didi were summoned for questioning, while party leader and former Attorney General, Dr Hassan Saeed, accompanied the pair as their lead lawyer.

The Criminal Court’s decision not to extend the detention of the pair eventually led the government to accuse Chief Judge Abdulla Mohamed of corruption and political favouritism, and in the absence of activity from the judicial watchdog, order his detention on Girifushi until the judicial crisis was resolved. The move has sparked more than a week of opposition-led protests.

Naseem said today that the international community had not expressed concern about the contents of the DQP pamphlet – “I think they see it as totally ridiculous. No one has spoken to us about it, and I don’t think it’s relevant,” he said.

“The DQP doesn’t have even 2000 members in its party. The leaders are the same people who passed sentences against people with no trial or legal representation [under the former government],” Naseem alleged. With the detention of the chief judge, “Now, suddenly, they have discovered democracy.”

ICC

A group of lawyers have meanwhile forwarded the chief judge’s case to the International Ciminal Court, contesting the conditions of the judge’s arrest and his detention at Girifushi.

One of the lawyers, Maumoon Hameed, said the case was submitted “as the continued detention of Judge Mohamed is in clear violation of the International Convention on the Protection of all Persons against Enforced Disappearance.”

Naseem responded by welcoming the submission of a case alleging human rights violation to the ICC: “Our aim is for all Maldivians to have access to the highest court in the international criminal legal system so as to achieve remedy and redress for grave crimes against humanity,” Naseem said, although he said he suspected the lawyers had misconstrued the definition of “crimes against humanity” as defined in the Rome Statute.”

“It’s a good sign in a democracy when locals use the international legal system. This is a proud moment for the government,” Naseem said.

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Police summon Umar Naseer, Hassan Saeed for questioning

Police have summoned Umar Naseer, Vice President of Progressive Party of Maldives (PPM) and Dr Hassan Saeed, President of Dhivehi Qaumee Party (DQP) for questioning at 9:00am tomorrow morning.

Police have stated that they aim to clarify information regarding an ongoing investigation.

Both men, and their parties, have been at the forefront of vocal and physical protests against the government over the last two weeks.

After alleging that the government is involved in “anti-Islamic conspiracies” and that President Mohamed Nasheed was “a madman elected by mistake” on local broadcaster DhiTV, party members Dr Mohamed Jameel Ahmed and ‘Sandhaanu’ Ahmed Ibrahim Didi were summoned for questioning on January 14 for four consecutive nights, prompting public demonstrations for freedom of expression. Hassan Saeed was their lawyer.

In a 30-page pamphlet released on January 15, DQP accused the government of participating in anti-Islamic conspiracies and associating with Jews and Christian priests.

The President’s Office called the pamphlet “a litany of extremist, bigoted and hate-filled rhetoric aimed primarily at President Nasheed and his administration” which has “[undermined] the religious harmony of the country” by using the constitutionally-granted right to freedom of expression as an excuse to engage in hate speech.

In an effort to garner international support, a DQP delegation flew to Colombo to explain its position to embassies.

On January 14 Criminal Court Chief Judge Abdulla Mohamed was arrested by military forces after attempting to block his own court order and was taken to a training facility on Girifushi, where he is currently being held. The charges against him include obstruction of justice and corrupt professional behavior.

Although Saeed filed the first complaint against Judge Mohamed in 2005, he has been an outspoken participant in the opposition-led protests to free the judge over the past 10 days.

Opposition parties claim that the judge’s detention constitutes a human rights violation; the case has been forwarded to the International Criminal Court (ICC).

Umar Naseer, deputy leader of opposition Dhivehi Rayyithunge Party (DRP) until he was dismissed, assisted former president Maumoon Abdul Gayoom in forming PPM. The party was registered in late 2011, drawing membership from DRP in high quantities.

Speaking at a PPM rally last evening, Naseer said he was aware that Special Forces had appealed for an order from the High Court to apprehend him. Meanwhile, Gayoom has reportedly left the country.

Speaking at the same event Jumhooree Party (JP) President Gasim Ibrahim told the crowd that the government is bankrupt, citing a growing budget deficit and rumors of unpaid salaries.

Requesting the government to stop using Special Forces to carry out “crimes against the people”, Gassim asked opposition parties to “work together to restore freedom before it’s too late”, local media reports.

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Q&A: Silent coup has cost Maldives a judiciary, says Aishath Velezinee

Aishath Velezinee was formerly the President’s Member on the Judicial Services Commission (JSC), the watchdog body assigned to appoint and investigate complaints against judges.

She has consistently maintained that the JSC is complicit in protecting judges appointed under the former government, colluding with parliament to ensure legal impunity for senior opposition supporters. During her tenure at the JSC she was never given a desk or so much as a chair to sit down on. In January 2011 she was stabbed twice in the back in broad daylight.

The JSC is now at the centre of a judicial crisis that has led to the military’s detention of Chief Judge of the Criminal Court, Abdulla Mohamed.

JJ Robinson: To what extent does the current judicial crisis represent the failure of Article 285 in 2010, the constitutional provision guaranteeing an independent and qualified judiciary at the conclusion of the two year interim period?

Aishath Velezinee: 100 percent. This was what I was trying to bring out at the time – but I could only allege that Abdulla Mohamed was at the heart of the matter. But it was very obvious to me that this was not just the action of one man, but a hijacking of the judiciary [by the opposition] – the ‘silent coup’.

In the highly politicised environment at time it was very difficult to get people to look into this, because parliament was out to cover it up – nobody was willing to take it up, and everyone wanted distance because it was too sensitive and so highly politicised. So really no one wanted to try and see if there was any truth to what I was saying.

Time passed. I didn’t imagine all this would come up so soon – it has been an amazing experience to see all of this suddenly happening so quickly.

It was inevitable – with everything Abdulla Mohamed has done inside and outside the courts, it was very obvious that he was not a man to be a judge.

With all the highly political rulings coming from the Criminal Court, it was clearly not right. The JSC’s cover up of Abdulla Mohamed was also apparent.

He had spoken on TV [against the government] – and it was not just his voice. There was no need to spend two years investigating whether he had said what he said.

Finally they decided yes, he is highly politicised, and had lost the capacity to judge independently and impartially. His views and verdicts were expressing not just partiality towards the opposition, but apparently a very deep anger against the government. It is very obvious when you speak to him or see him on the media. We had to look at what was behind all this.

JJ: Abdulla Mohamed filed a case in the Civil Court which ordered the JSC investigation be halted. Does the JSC have any jurisdiction to rule against its own watchdog body?

AV: Absolutely not. If the judicial watchdog can be overruled by a judge sitting in some court somewhere, then it’s dysfunctional. But that’s what has been happening. And [Supreme Court Judge] Adam Mohamed, Chair of the JSC, has probably been encouraging Abdulla Mohamed to do this.

The whole approach of the JSC is to cover up the judge’s misconduct. When it comes to Abdulla Mohamed it’s not just issues of misconduct – it’s possible links with serious criminal activities. There is every reason to believe he is influenced by serious criminals in this country.

JJ: The international community has expressed concern over the government’s ongoing detention of the judge by the military. Is the government acting within the constitution?

AV: It is impossible to work within the constitution when you have lost one arm of the state: we are talking about the country not having a judiciary. When one man becomes a threat to national security – and the personal security of everyone – the head of state must act.

He can’t stand and watch while this man is releasing people accused of murder, who then go out and kill again the same day. We are seeing these reports in the media all along, and everyone is helpless.

If the JSC was functioning properly – and if the Majlis was up to its oversight duties – we would not have got to this stage. But when all state institutions fail, then it is necessary to act rather than watch while the country falls down.

JJ: What next? The government surely can’t keep the judge detained indefinitely.

AV: We have to find a solution. It is not right to keep someone detained without any action – there must be an investigation and something must happen. I’m sure the government is looking into Abdulla Mohamed.

But releasing him is a threat to security. I have heard Vice President Mohamed Waheed Hassan calling for him to be released. Abdulla Mohamed is not under arrest – but his freedom of movement and communication would be a danger at this moment. We are at the point where we really and truly need to get to the bottom of this and act upon the constitution.

We talking about cleaning up the judiciary, and this is not talking outside the constitution – this is the foundation of the constitution. The constitution is build upon having three separate powers.

The judiciary is perhaps the most important power. The other powers come and go, politics change, but the judiciary is the balancing act. When that is out of balance, action is necessary.

With regards to attention from the international community – I tried really hard in 2010 to get the international community involved, to come and carry out a public inquiry, because we do not have any institution or eminent person with the authority to look into the matter. We needed outside help.

The International Commission of Jurists (ICJ) did come and their report highlighted some things, but they did not have access to all the material because it’s all in Dhivehi. We need a proper inquiry into this, and a solution.

JJ: The Foreign Minister has asked the UN Office of Human Rights to send a legal team able to look into the situation and advise. To what extent will this draw on the constitution’s provision to appoint foreign judges?

AV: That has been something we were interested in doing, but the former interim Supreme Court Judge Abdulla Saeed was absolutely against it – not only bringing in foreign judges, but even judicial expertise. He was also against putting experts in the JSC so it could be properly institutionalised. The ICJ tried very hard to place a judge in there but didn’t get a positive response.

The UN brought in a former Australian Supreme Court Judge, but he didn’t get any support either. There was a lady [from Harvard] but she left in tears as well. There was no support – the Commission voted not to even give her a living allowance. They are unwelcoming to knowledge – to everyone. It is a closed place.

JJ: Is there a risk the UN will send a token advisor and things will quickly return to business as usual?

AV: We need the ICJ to be involved – someone like [former] UN Special Rapporteur on the Independence of Judges and Lawyers, Leandro Despouy. He was here for a fact-finding mission and had a thorough understanding of it, and gives authoritative advice.

We need to look for people who understand not only the law in the constitution, but what we are transiting from. Because that is really important.

JJ: There was talk of foreign judges and the establishment of a mercantile court for cases involving more than Rf 100,000 (US$6500). Based on the current state of the judiciary are people now more open to idea of foreign judges, where once they may have opposed it on nationalistic grounds?

AV: It is not a new thing. We have always used foreign knowledge since the time of the Sultans. We used Arabs who came here as our judges, they were respected people. Ibn Battuta practiced here as a judge during his voyages.

So it is not a new concept. This is the way we are – we do not have the knowledge. Now we are transitioning to a modern, independent judiciary, so of course we need new knowledge, practices and skills. The only way to get our judges up to standard is [for foreign judges] to be working in there, hands on.

Of course before that we have to make sure that the people on the bench are people who qualify under the constitution. With the bench we have right now it wouldn’t do much good bringing in expertise, because many of the people sitting there do not even have the basics to understand or move forward, they are limited in not having even basic education.

JJ: What percentage of the judiciary has more than primary school education?

AV: As a foundation, at least 50 percent have less that Grade 7. But they all say they have a certificate in justice studies – a tailor-made program written by the most prominent protester at the moment, former Justice Minister Mohamed Jameel of the Dhivehi Qaumee Party (DQP). There were no textbooks on the course – they were given handouts.

Now we do have access to resources through the internet. But do the judges and magistrates have the skills or language abilities necessary to research on the internet? No they don’t.

JJ: Based on your access to privileged JSC information, you have also previously expressed concern at the high number of judges with actual criminal records. What about Abdulla Mohamed?

AV: Abdulla Mohamed was already a criminal convict before he was appointed to the bench. This man was found guilty of creating public disorder, hate speech and had publicly shown himself to be a woman hater or fearer- I don’t know which. But he has this bias against women and has been quoted as such in the courtroom. He’s got issues.

There are unchecked complaints against him in the JSC. The JSC has this practice of taking every complaint and giving it to committee one at a time. But if you look at everything, there is a pattern suggesting links to criminals. The Criminal Court has been given power as the only court able to rule on police custody during police investigations – why does Abdulla Mohamed have a monopoly on this? He personally locks up the seal. Why does he control it?

JJ: What do you mean when you claim he has links to organised crime?

AV: It’s a pattern. He tries to prevent investigation of all the heavy drug cases, and when the case does make it before the court his decisions are questionable. In one instance newspaper Haveeru sent a complaint saying the Criminal Court had tried a case and changed the verdict behind closed doors.

Haveeru later called for the complaint to be withdrawn. But my approach is to say, once we have a complaint we must check it. The complainant can’t withdraw a complaint, because there must have been a reason to come forward in the first place. That verdict referred to something decided two years before – Abdulla Mohamed changed the name of the convict. A mistake in the name, he said. How can you change a name? A name is an identity. The JSC never investigated it.

JJ: Prior to the JSC’s decision to dissolve the complaints committee, it was receiving hundreds of complaints a year. How many were heard?

AV: Five were tabled, four were investigated. Their approach was that if nobody was talking about the judge, then the judge was above question. So they would cover up and hide all the complaints.

Approach of this constitution is transparency – and the investigation is itself proof of the judge’s independence. An accusation doesn’t mean he is not up to being a judge. But if it is not investigated, those accusations stand. Instead, the JSC says: “We don’t have any complaints, so nobody is under investigation.”

We are struggling between the former approach and the new approach of the constitution. We have seen judges with serious criminal issues kept on bench and their records kept secret. They have a problem adapting themselves to the new constitution and democratic principles that require them to gain trust.

The JSC has many other issues- taking money they are not entitled to, perjury; none of this was looked into. All sorts of things happened in there.

JJ: Is it possible to revive Article 285, or did that expire at the conclusion of the interim period?

AV: Article 285 is the foundation of our judiciary, the institutionalisation of the one power that is going to protect our democracy. How can we measure it against a time period set by us? Two years? We did everything we could to try and enact it. It was a failure of the state that the people did not get the judiciary.

We cannot excuse ourselves by saying that the two years have passed. Parliament elections were delayed – much in the constitution was delayed. 80 percent of the laws required to be passed under this constitution have yet to be adopted. Are we going to say ‘no’ to them because time has passed?

We can’t do that, so we have to act.

JJ: Parliament has oversight of the JSC – what ability does parliament have to reform it?

AV: Parliament has shown itself to be incapable of doing it. We are seeing parliamentarians out trying to free Judge Abdulla Mohamed – including Jumhoree Party (JP) MP Gasim Ibrahim, a member of the JSC.

So I don’t think we even need to enter into this. it is apparent they are playing politics and do not have the interest of the people or the state at heart. They never believed in this constitution, they were pushed into adopting a democratic constitution, they failed in the elections, and now they are out to kill the constitution.

I am wondering even what they are protesting about. Last night it was Judge Abdulla, and the religious card. It is fear driven.

What we are seeing is [former President Maumoon Abdul] Gayoom and [his half brother, Abdulla] Yameen trying to turn their own personal fears into mass hysteria. Nobody else is under threat – but they are if we have an independent judiciary. If their cases are heard they know they are in for life.

JJ: So this is a struggle for survival?

AV: Exactly. The final battle – this is the last pillar of democracy. If we manage to do this properly, as stated in the constitution, we can be a model democracy. But not without a judiciary.

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MNBC journalists beaten, tasered during protest

State television journalist Moosa Naushad was attacked by approximately 15 individuals while filming the opposition-led protest outside Maldives National Broadcasting Corporation (MNBC) last evening.

Naushad was struck down from behind. After showing his media badge the badge was taken from him and he was continuously kicked and beaten while lying on the ground, MNBC Director Adam Shareef said.

MNBC Editor Thoyyib Shaheem intervened by showing his own media badge, but was tasered in the stomach. Naushad was taken to Indira Ghandi Memorial Hospital (IGMH) at 1:00am on January 24 where he was treated for a broken hand. Shareef said the journalist had sustained fractures in his shoulder blades and feet, but had no internal damage. Naushad had not been released from IGMH at time of press.

The protesters, including opposition Progressive Party of Maldives (PPM) MPs Ilham Ahmed and Ahmed Mahlouf, allegedly made violent gestures with stones and wooden sticks while advancing on the MNBC building. MNBC have asked why their offices and staff have been targeted, “as if MNBC was ruling this country.”

MDP supporters were also reported protesting near the judiciary, before heading south towards the Haruge and clashing with opposition supporters.

“Over the past several nights our reporters have been verbally abused, threatened and warned they would would be killed by hanging or drowning,” said an MNBC official.

Shareef said he had “no idea” why the media organisation has been targeted, but “we are a government company so perhaps that’s the reason.”

The opposition has claimed that the attackers came from the MDP Haruge and attacked Naushad after reportedly mistaking him for a VTV reporter.

Last night marked the tenth consecutive demonstration since two minority opposition party members were questioned for “hate speech” against the government. The situation developed after military forces took Chief Judge Abdulla Mohamed into custody on January 16, after the government accused him of endemic corruption and political favoritism.

Although journalists have been targeted for the past several nights, Naushad’s beating was the most severe instance, Shareef said.

A photo of the attack on Naushad taken by a bystander

According to Shareef the two sides have not had any direct communication over the situation: “the opposition doesn’t want to talk to us, they are boycotting us as a state broadcaster. But we don’t want to speak with them either,” he said, adding that Maldives Journalist Association (MJA) and the Broadcasting Commission have released statements on the matter.

President of the MJA Ahmed ‘Hiriga’ Zahir on Wednesday said that the MJA had released a statement condemning both the attack on Naushad and damage to the offices of DhiTV as soon as he learned of the attacks.

President Mohamed Nasheed’s Press Secretary, Mohamed Zuhair, meanwhile blamed the attack on opposition parties and condemned them for “lurching towards violence, thuggery and intimidation in order to achieve their political ends.”

In a statement, he called on opposition parties to “respect journalists’ right to report the news free from fear or intimidation.”

While MNBC journalists “are not afraid”, Shareef said the state broadcaster will no longer be covering anti-government protests on-site.

“I don’t want to lose my staff. If possible we will have a live feed, but in any case we will cover the whole story, every point,” he said.

Police estimated that between 300 and 400 protesters turned out last night, and claimed that aside from the attack on Naushad only “a few minor injuries” were sustained. After being dispersed at midnight the crowd spread “throughout the city, between the Maldives Monetary Authority building and the [ruling] Maldivian Democratic Party (MDP) Haruge.”

Police understand that another protest is scheduled for 9:00pm on Tuesday evening.

As the protests continue opposition leaders are calling for extreme measures.

Speaking during last night’s protests, firebrand opposition politician Umar Naseer said bloodshed was not beyond the group’s means, according to MNBC reports. The station also reported that the Adhaalath Party’s Sheik Imran Abdulla, another protest leader, had called for jihad. Hours earlier Sheikh Imran had stated that “non-stop protests are maybe not the best way, even if it’s fighting for the citizens’ rights, as their time and businesses are affected” at a press conference.

PPM MPs Mahlouf and Illham were not responding to calls at time of press.

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