Category: Society & Culture

Supreme Court backs down from issuing ruling on legality of selling pork and alcohol

The Supreme Court has rejected the government’s request for a consultative opinion over whether the Maldives can import pork and alcohol without violating the nation’s Shariah-based constitution.

Pork and alcohol are prohibited items under Shariah law.

The judges unanimously rejected the case on the grounds that the matter did not need to be addressed at the Supreme Court level.

The Court did note, however, that pork and alcohol have been imported under provisions of the Contraband Act and that there is a regulation in favor of the trade. As no law has declared the regulation unlawful, the import of pork and alcohol is indeed legal, the court claimed.

Meanwhile, Article 10 of the Constitution states that “No law contrary to any tenet of Islam shall be enacted in the Maldives.”

The Constitution also states that any law not struck down by the courts is valid.

The government last week requested a consultative opinion from the Supreme Court on the matter to level a heated debate over the compatibility of resort tourism and Maldives’ national religion Islam, prompted by protests on December 23, 2011 in defense of Islam.

Responding to demands made of the government by the protesting coalition of religious NGOs and opposition parties, the government issued a circular closing spas in all resorts and announced it was considering a ban on pork and alcohol, in a move to align government policies with Islamic standards.

While the trade of alcohol is not conducted by the government, the government receives a significant profit of the trade from the Goods and Services Tax (GST).

In particular, opposition Jumhoory Party (JP) Leader and MP ‘Burma’ Gasim Ibrahim owns Villa Hotels resort chain and is allegedly one of the biggest beneficiaries of the alcohol trade.

A tolerant society with a dependent economy

Since resorts first opened in the Maldives in the 1970s, tourism has been the core of the island nation’s economy. To accommodate the industry as well as the national Islamic faith, in 1975 the Ministry of Economic Development regulated the sale of pork and alcohol to tourist establishments (Act 4/75).

While there is no regulation or set of guidelines specific to spa operations in resorts, Article 15(a2) of the Goods and Services Tax Act stipulates that spas are legally accepted in the Maldives as tourism goods, and therefore may be operated in compliance with tourism regulations.

After its formation in 2009 the Parliament had nine months to reject any legislation which did not conform with the Constitution.

Parliament did not reject the regulation on the sale of pork and alcohol in 2009, thus allowing it to stand by default.

Speaking to Minivan News last week, Attorney General (AG) Abdulla Muiz believed that although the regulations were clear, legal clarification would mitigate concerns. He suggested that the recent debate has had more to do with internal politics than the oft-cited public preference.

“We are quite a tolerant society, although there a few elements which walk a hard line,” he observed. “I don’t think there is a public concern over the sale of alcohol and pork in resorts.”

The AG pointed out that the majority of the nation’s citizens are primarily interested in the quality of their daily life. He added that the population of 350,000 is annually trumped by the over 700,000 tourists would come to- and invest in – the Maldives.

“If there is a decision prohibiting the sale of alcohol in the tourism sector, it will have a great impact on the economy. The 2012 State Budget of Rf14 billion [US$946.8 million] is very much based on the estimated revenue from the tourism sector. And the government has obligations to investors–it has leased 100 resorts and awarded 5o to 60 islands for development. I hope the Supreme Court will take the economy into account,” he said prior to the Court’s decision.

Muiz said a court ruling would assure investors that the current system is valid.

A problematic profile

Two months ago, protestors demanded that UN Human Rights Chief Navi Pillay be “slain” for her comment against flogging as a punishment for extra-marital sex. One month ago, the coalition formed by religious groups and opposition parties for the “defend Islam” protest called for stricter regulations in keeping with Shariah law, notably stricter regulations on the sale of pork and alcohol and the closure of massage parlors “and such places where prostitution is practiced.”

International media subsequently reported the story with varying degrees of accuracy, presenting a Maldives starkly different from widely-marketed white sand and turquoise waters.

Noting that the tourism sector had suffered many cancellations in past weeks, MATI Secretary General Sim Ibrahim Mohamed previously pointed out that “people get jittery when you talk about fundamentalism, radicalism, extremism–since 9/11 these have been very sensitive words.”

Speaking to Minivan News last week, religious conservative Adhaalath Party chief spokesperson Sheik Mohamed Shaheem Ali Saeed said, “Maldivians are very nice people, you don’t see any country like the Maldives in the Islamic world, so why would we want to damage these people? These are Muslim people and they like moderate views.”

Calling tourism “the backbone of our national economy”, Shaheem said he was “100 percent sure there is no prostitution in the tourism industry here. It is very professional, it is the most famous tourism industry in the world and is accepted by the international community. Why would we want to attack ourselves?”

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Foreign Ministry calls for investigation of attack on silent protest

The Foreign Ministry has called on “relevant national institutions”, including police and the Human Rights Commission of the Maldives (HRCM), to investigate allegations of violence that led to the hospitalisation of blogger Ismail ‘Hilath’ Rasheed on December 10.

The statement came in response to Amnesty International’s expression of alarm at the government’s failure to prosecute a group of men who attacked the blogger with stones for his participation in a ‘silent protest’ calling for religious tolerance. Images of the attackers were provided to police and posted online by the protesters, despite threats against them if they did so, however no arrests were made.

Rasheed was designated an Amnesty ‘prisoner of conscience’ after he was arrested and detained for 24 days while he was investigated for his role in the protest, and the content of his blocked blog which the Islamic Ministry had earlier deemed anti-Islamic. He was released on January 6 without charge.

In its response to Amnesty, the Foreign Ministry stated that Rasheed was “treated in full accordance with his human rights as guaranteed under domestic law”.

“The Constitution of the Maldives affirms that Islam is the religion of the State of the Maldives. The Constitution does not allow for freedom of religion,” the Foreign Ministry stated, observing that the Maldives “maintains a reservation [on the International Covenant on Civil and Political Rights] under Article 18 on freedom of religion and conscience.”

“The basis of the police investigation into Mr Rasheed’s blog was therefore reflective of and in accordance with domestic law and with the Maldives’ international human rights obligations,” the Ministry argued.

The Ministry noted “with concern” the attack on Rasheed, but criticised the protesters for failing to inform the authorities about the protest, “a step which would have allowed the police to maintain order and protect him and other members of the public.”

“The right to freedom of assembly is enshrined in Maldivian law. However, under the law, while it is not necessary to seek authorisation for assemblies from the authorities (in line with international human rights norms), it is necessary to inform the authorities so that protests can be effectively policed,” the Ministry argued.

“Mr Rasheed and others participating in the December 10th gathering did not comply with these legal requirements, a fact which unfortunately contributed to the breakdown of law and order on that day when the protesters were violently attacked,” the statement read.

Speaking to Minivan News this week following his release, Rasheed observed that prison conditions “have not changed since [former President] Gayoom’s time”.

The blogger was locked for three weeks in a small, three-sided room with 11 other people. Despite the opening there was no airflow, the room was unventilated and the fan in the room was broken, he said.

The room was so small and crowded it was impossible for 12 people to fully stretch out and sleep properly, and despite requirements that  inmates be allowed out for at least an hour’s exercise every day, no one was allowed outside during his detention, Rasheed told Minivan News.

The blogger also expressed concern that some of his fellow inmates had been remanded in custody for up to three months without charge pending police investigations, trapped in “legal limbo”.

In its statement, the Foreign Ministry said it “takes note of comments made by Mr Rasheed in the press regarding mistreatment while in detention.”

“The Foreign Ministry notes in this regard that, as a State Party to the Convention against Torture (CAT) and its Optional Protocol (OPCAT), a national mechanism exists to investigate such claims and related issues such as conditions in places of detention – namely the National Preventative Mechanism (NPM).

“The Foreign Ministry therefore expresses its confidence that the NPM will immediate look into the claims made by Mr Rasheed and will publish its independent findings.”

The Ministry concluded by “welcoming” Amnesty International’s “interest in and engagement with human rights issues in the Maldives.”

“The government has a strong and positive relationship with Amnesty International at both a domestic level and at the level of the UN, and looks forward to a continued constructive dialogue with them and with other international human rights NGOs.”

President Mohamed Nasheed was himself designated a prisoner of conscience during his incarceration by the former government.

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Accountability of political accounts not so clear: Transparency

Transparent political financing in the Maldives is moderately but unspecifically supported by legislation, however in practice political parties and candidates can easily manipulate funding with little consequence and leaving no clear trail of public accountability.

“In the Maldives political financing is mainly viewed as a book keeping and procedural issue rather than as an issue of accountability to one’s constituency that directly affects the level of democracy within the system”, reads the report.

“Transparency in Political Financing in Maldives” is part of the Crinis Project, a joint effort between Transparency International and the Carter Center that began in Latin America in 2006, and has since been executed in Indonesia, Bangladesh and Nepal.

Using surveys, interviews and analysis carried out between November 2010 and April 2011, the project measures 10 “dimensions of transparency” in the financial reporting practices of nine political parties, 15 MPs, eight presidential candidates from the 2008 elections, and various donors. Official legislation was jointly analysed.

Ratings for both ‘Law’ and ‘Practice’ were measured on a scale of 0 to 10, where 10 indicates full compliance with standards of transparency and accountability and 0 indicates no compliance.

The project distinguishes between non-electoral funds, campaign funds, and funds received and managed by candidates independent of their parties.

The Maldives ranked 4.6 on the Crinis Index overall, qualifying as “average”. With ‘Law’ rated at 5.1 and ‘Practice’ rated at a lower 4.1, the report notes that “there is much room for improving both the legal framework on political financing and political financing practices in the country.”

Average aggregate scores in the categories State Oversight, Prevention (of manipulation), Disclosure (of information to the citizens), and Reliability, Depth and Scope of reporting leveled the total score at 4.6, the report states.

However, the majority of these categories barely reached above the ‘Insufficient’ rating, with Non-State Oversight and Sanctions, or penalties for non-compliance with the legal framework, received the lowest scores.

The only category to qualify as “good” (6.8-10) was Book Keeping, scraping in with the minimum score of 6.8.

In each category the Maldives’ legislation for political financing qualified as ‘average’ with a median score of 5.7. However the law was not rated for Reliability as it was a perception-based dimension, or for Non-State Oversight, as there is no mechanism stipulated in Maldivian law.

Practices in political financing were generally found to be‘insufficient’, notably in the categories of Reporting, Disclosure, and Prevention. Sanctions (1.0) and Non-State Oversight (1.2) scored the lowest.

Comparatively, Book Keeping and Scope (of reporting) scored positively with ratings of 7.5 and 8.4, respectively.

The report observes that the Maldives only introduced multi-party democracy in 2005 and did not have an independent elections commission (EC) until 2008.

Although reporting to the EC is mandated by law, the study finds that the legal framework enforcing this mandate ranks only at 4.5 on the Crinis scale. In practice, reporting received a score of 3.3 (insufficient), as “parties do not specify separate sources and amounts of funding” when they do report and “in most cases, the absence of the standardised reporting format also leads to inconsistencies on the information provided by parties.”

Moreover, information is poorly disclosed to the public. In the category of measures which prevent abuse of resources and conflicts of interest, the study ranked party behavior at 2.8  and practice at 3.2–both insufficient rankings. Meanwhile, the law scored an average ranking of 4.7.

“The Regulation on Political Parties does not require political parties to conduct their financial transactions through a bank account; nor is there a provision in the law prohibiting the acceptance of cash donations; nor is there an upper limit to cash donations which parties are allowed to accept,” the report states. “Since parties are not required to conduct all its transactions through a bank account, there is no way for Elections Commission to verify that parties have reported all of its income and expenditures, nor can the Elections Commission verify that parties have not accepted types of income which are prohibited by law.”

The report points out that the system of political financing is interdependent. “For example, the public’s access to financial reports depends on whether political actors submit reports to a state oversight agency. Such disclosure, in turn, is nearly impossible to obtain if parties lack an internal book-keeping system.

“As such, transparent political financing is not guaranteed even if the proper operation of one or two of these dimensions is confirmed in practice”, the report states.

The effort involved in assembling the report further highlights the system’s weaknesses.

“We had quite a bit of difficulty getting information from almost all sources,” said Project Coordinator Ma’rifa Hassan. “After a long time of asking and waiting for donors, political parties and politicians” to respond to inquiries, she said most information came from the EC “because they’re the only ones with the financial records”–in itself a surprise.

Of the fifteen candidates approached, Hassan said, only one provided a single set of records. “The rest just said ‘you can get it from the EC, we do not have it anymore.’ Our impression is that once the campaign is over and they’re elected, they don’t care about the financial aspects,” she said. “In my opinion, it’s quite absurd that a lot of political parties or campaign candidates claim they do not have those records.”

Approaching the EC was a struggle as well.

“Just getting the first appointment to explain our project was very difficult,” said Executive Director Ilham Mohamed.

Once allowed to access the information, researchers found that they had to sit with an official to look over the records, and could only copy the information by hand. “The average citizen, public official or a journalist is not going to have the drive or the time to wait and wait for an appointment, and then have to copy everything by hand,” she observed. “These things should be available, and people shouldn’t have to justify why they want to see the records in the first place.”

The team conceded that the research collided with the primary elections, and that the EC was understandably busy at the time.

Aside from their own experience, the team took the pulse of the public’s interaction with the information.

Sending out 14 volunteers from the public with a list of information to obtain, the team examined the level of proactive disclosure among donors, politicians, political parties and the EC. According to the team, none of the volunteers were able to obtain any information.

The team affirmed that the lack of transparency and accountability in political financing supports the recent finding that 90 percent of Maldivians believe that “corruption has increased” or remained level in the last three years and perceive parliament as the “most corrupt” institution, as stated in Transparency’s recent report “Daily Lives and Corruption: Public Opinion in Maldives”.

“Asking about a party’s financial records and spending practices also labels you as suspicious,” Mohamed pointed out. “A majority of people we interviewed saw this as a privacy issue. But if you’re spending money or taking money from a budget to be elected to a public post, then it is a public matter. You’re privacy stops there.”

The team observed that although the country scored ‘average’ for its laws and clauses, “the objective of having those laws and clauses is not achieved. The EC is required by law to facilitate public access to records, but it doesn’t specify how.”

The Elections Commission received the brunt of the report’s constructive criticism, along with Parliament. The report charged the EC with streamlining and enforcing the reporting methods to be used by political parties and between parties, the EC and the public. Meanwhile Parliament was tasked with amending legislation to make financial transactions among political parties and electoral candidates more transparent, for example, by requiring that all transactions be done through a specific bank account.

Other recommendations included consistent and balanced media coverage and work by civil society organisations to inform the public of political financial operations. Political parties were tasked with reporting clearly to the public and the EC in a timely manner.

“Basically, we have a lot of work to do”, the Transparency team concluded.

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Government to cease issuing work permits to Bangladeshi nationals, launches registration effort

The Maldivian government has halted the issuing of new work permits to Bangladeshi nationals and will begin registering the biometric details of all expatriate workers, in an effort to combat rising human trafficking. Employers will also be advised to cease withholding the passports of foreign nationals.

Foreign Minister Ahmed Naseem, Human Resources Minister Hassan Latheef and Home Minister Hassan Afeef announced the measures at a joint press conference on Wednesday, together with the Attorney General.

The government will begin registering the details of Bangladeshi nationals from March 31, using a new database developed by the National Centre for Information Technology (NCIT). This registration will eventually be extended to expatriate workers of all nationalities, who make up a third of the Maldives’ population.

Police and the Maldives National Defence Force (MNDF) would assist with the registration process, the ministers explained.

Latheef said that the decision implemented recommendations in the as-yet unreleased report produced by the MNDF after it took over counters at immigration and the labour department for two weeks in July 2011.

That investigation unearthed an industry worth an estimated US$123 million and a chain of paper companies being used by unscrupulous recruitment agents, who solicit labourers from mostly Bangladesh with the promise of well-paid jobs in the Maldives, confiscate their passports, and either abandon or offer them different, poorly paid jobs on arrival.

Head of the Commercial Crime Unit, Inspector Mohamed Riyaz, revealed at the time that police had seized 4000 passports confiscated from trafficked workers during the two week takeover, and that two of the seven bogus companies identified as trafficking workers, Ozone Investments Pvt Ltd and Arisco Maldives Pvt Ltd, had brought in 3000 workers between them.

Using the fake companies, the traffickers fraudulently obtained work permit quotas for non-existent projects from the Human Resources Ministry by stealing the identities of unwitting, bribed or complicit Maldivians, or even the deceased. Police had received many complaints about such forgeries from the confused third party, Riyaz said.

Many of the quotas requested from the Human Resources Ministry had been approved despite obvious warning signs such as the importing of construction workers for specialised IT projects, he noted.

Foreign Minister Ahmed Naseem referred Minivan News to the Anti-Corruption Commission (ACC) when asked for comment as to the extent that corruption had allowed the practice to thrive.

“We are deeply involved in this and are taking steps to counter [human trafficking],” Naseem said.

Prosecuting traffickers was difficult because many victims were reluctant to come forward because of their illegal status, he said.

“Many will not seek legal recourse even if puts them in a very difficult situation,” he observed. “They have sold everything to come here.”

Latheef told Minivan News that the government would extend a part amnesty to the estimated 20,000 illegal workers in the country, inviting them to register and seek employment from a willing sponsor, and legalise their presence in the country.

“They will be given a second chance to register and try to find a local employer,” he said. “But if they have no employment, they will have to leave.”

The government has also submitted a bill on human trafficking to the parliament. A report into the practice was due to be released Human Rights Commission of the Maldives (HRCM) on Human Rights Day, December 10, but has not yet appeared.

Minivan News in 2010 reported a steep rise in human trafficking, which was calculated to eclipse fishing as the second largest contributor of foreign currency to the Maldives after tourism.

That same year, the United States’ State Department placed the Maldives on its Tier 2 Watchlist for Human Trafficking, following a report that Bangladeshi workers were being exploited in high numbers by fake companies promising work permits.

In December 2011 the Maldives was admitted to the International Organisation for Migration (IOM), another significant step towards improving the welfare and lifestyle of migrant workers.

However racism, mistreatment and intolerance towards expatriate workers remains widespread in Maldivian society.

At a meeting in June 2011, members of the Male’ City Council  offered solutions to “the nusiance and bother of expatriates [congregating] at the Republic Square” in the capital.

“[Mid-Henveiru Councillor] Lufshan [Shakeeb] noted that foreigners at the Republic Square were damaging the grass in a number of ways and said that the area should be walled off with a tin fence and cleaned,” read the minutes.

The discussion came under an agenda item titled “Making a decision on the nuisance and bother of Bangalhun [derogatory term for Bangladeshis] at the Republic Square and the problem of Bangalhun sleeping inside the old museum at Sultan Park.”

Machangoalhi South Councillor “Jambu” Hassan Afeef meanwhile claimed that expatriates were “committing indecent acts” behind the National Museum site and other open spaces in Sultan Park, recommending that the grounds be closed to the public.

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Maldives ranks first in Asia/Pacific for education spending and divorce rate: OECD report

The Maldives has the highest divorce rate and ranks number one in the Asia Pacific region on education spending as a percentage of GDP, according to the ‘Society at a Glance: Asia/Pacific 2011’ overview of social indicators released by the OECD (Organisation for Economic Cooperation and Development) last month.

The Maldives spends the highest proportion of GDP on public education (8.1 percent) across the Asia/Pacific region, the report found, which was four times higher than countries such as Cambodia and Myanmar.

The Ministry of Education’s expenditure in 2011 amounted to Rf1.7 billion (US$110 million).

Maldives was also among developing Asia/Pacific nations that experienced rapid declines in fertility rates, slowing down in 2008 to fertility rates comparable with OECD countries.

The divorce rate in the Maldives is meanwhile “three times higher than the average of the Asia/Pacific countries and economies.”

A four percent decrease in the marriage rate was however the sharpest decline in the region, while a five percent rise in divorce rates was the fastest.

On the level of employment, the Maldives ranks alongside Sri Lanka and Indonesia where “more than one in four economically active young people is unemployed.”

Moreover, female unemployment in the Maldives “is more than three times the male rate.”

The pension system meanwhile covered 24 percent of the labour force and 16 percent of the working age population.

The report noted that Maldives, along with Vietnam and Thailand, was not far behind Australia in the percentage of pre-school children attending an early education programme. However, similar to Tajikistan and Laos, Maldives has “a slightly higher attendance for boys.”

Average years of total schooling in the Maldives as of 2010 was 6.1, well below the OECD average of 12.7.

Of the population indicators measured in the report, the gender ratio in the Maldives was 103 males per 100 females.

Life expectancy at birth of the total population between 1990 and 2008 was 71.6 years, slightly higher than the Asia/Pacific average. Japan was ranked first with 82.6 years.

As of 2008, infant mortality rate per 1,000 live births was 12.7, higher than the OECD average of 4.6.

On the availability of water and sanitation, 98 percent of the population had access to the utility services.

Suicide rates in the country was the fourth highest in the region at 22.4 (deaths per 100,000).

Voter turnout meanwhile averaged at 71 percent. However 85 percent of the population voted in the historic presidential election of October 2008.

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Prison conditions “unchanged since Gayoom’s time”: detained blogger

Amnesty International has welcomed the release from prison of Maldivian blogger and journalist Ismail ‘Khilath’ Rasheed last Friday, whom the organisation had designated a ‘prisoner of conscience’, but expressed alarm at the government’s failure to prosecute his attackers.

Rasheed was jailed for 24 days in Male’ Custodial following his participation in a ‘silent protest’ on December 10, 2011, International Human Rights Day, calling for religious tolerance.

During the protest at the Artificial Beach he was attacked by several men armed with stones, and was hospitalised with head injuries. He was subsequently arrested on December 14.

“While the release of Ismail Khilath Rasheed is a welcome development, the fact that his attackers have not been investigated points to a serious failure of the government to end impunity for human rights abuses in the country,” said Abbas Faiz, Amnesty International’s Maldives researcher.

“Instead of defending his right to advocate religious tolerance, the government locked Ismail Khilath Rasheed up and have done nothing to bring his attackers to justice – thereby sending a message to the public that crushing a peaceful demonstration is acceptable,” he said.

Amnesty observed that radical religious groups in the Maldives were advocating that “only Sunni Islam is allowed under the constitution”, noting that opposition politicians had sided with these groups “in a political campaign against the President”.

“It is time for the Maldives government to bring to justice all perpetrators of human rights abuses – past and present – including those who attack religious minorities. The first step in this process should be to carry out an independent, impartial and effective investigation of those who used violence against Ismail Khilath Rasheed and other demonstrators on 10 December,” Amnesty declared.

In November 2011 Rasheed’s blog, www.hilath.com, was blocked by the Communications Authority of the Maldives (CAM) on the order of the Ministry of Islamic Affairs, on the grounds that it contained “anti-Islamic” material.

Reporters Without Borders (RSF) has also issued a statement on Rasheed’s release, but expressed concern about the ongoing blocking of his blog on the order of the Ministry of Islamic Affairs.

“The journalist’s unlawful detention is a reminder that it is impossible to establish a totally free press so long as the government subjects itself to religious extremism, as displayed by the Islamic Affairs Ministry,” RSF said.

“Religion is becoming a taboo subject in the Maldives and media workers are under threat of imprisonment every time it is debated.”

“Just like Gayoom’s time”

Despite the Maldives’ international stand on human rights issues, the prisons “remain unchanged since Gayoom’s time”, Rasheed told Minivan News, following his release.

During the police investigation of his involvement with the protest, the blogger was locked for three weeks in a small, three-sided room with 11 other people. Despite the opening there was no airflow, the room was unventilated and the fan in the room was broken, Rasheed said.

The room was so small and crowded it was impossible for 12 people to fully stretch out and sleep properly, and despite provisions requiring inmates be allowed out for at least an hour’s exercise every day, no one was allowed outside during his detention, Rasheed said.

Inmates had to summon the duty officer to be taken to the toilet, which did not flush. There was no shower, and inmates washed themselves by filling a bucket at the water basin, which was also used to flush the toilet. Inmates in other cells with attached toilets were not allowed out at all.

The prisoners had no bedding apart from a small pillow, and slept on the tiles. Every three days they were given a small amount of detergent to wash the floor of the cell.

Rasheed said that the Prosecutor General (PG)’s office visited once during his detention and observed that prisoners were not being properly treated.

“There were no medical facilities, or means of treating heroin addicts going into withdrawal. One of my cellmates had a [withdrawal] fit and we had to put a slipper in his mouth [to stop him swallowing his tongue],” Rasheed said. “I held his hand.”

Most of the cell’s occupants were awaiting prosecution for drug offences, muggings, theft, and for carrying weapons.

“People had been in there for three months and were very frustrated, and were venting that frustration against the government. The Constitution sets limits to people’s detention, but people are in limbo. One guy accused of murder has been in there for 1.5 years, and still his case has not been sent to the PG’s office for prosecution,” Rasheed said.

The blogger was presented to the court following the expiration of the first 24 hour detention period.

“The investigating officer stated that I was the organiser of the protest and should be detained as I was disrupting the religious unity of the Maldives, and was a threat to society,” Rasheed said.

Police also presented Ali Ahsan to the court, developer of the December 23 protest website which had briefly published slogans calling for the murder of “those against Islam”.

Police argued that Ahsan’s release “could endanger Maldivian religious unity and even threaten life” and requested the court grant a 15-day extension of his detention.

Ahsan’s lawyers however argued that the slogans had been uploaded by hackers, and the website developer was released. Rasheed’s detention was extended by 10 days.

After 10 days in custody, Rasheed was again presented to the court.

“The investigating officer told the judge he had reason to believe I had no religion at all, and that I was promoting gay rights, and therefore my case could be concluded only after the Islamic Ministry provided me with counseling to bring me back to Islam,” said Rasheed, who self-identifies as a Sufi Muslim.

The magistrate extended Rasheed’s detention a further 15 days.

On Friday January 6, two days before he was due to be released, Rasheed was told that his case had been sent to the Prosecutor General’s office and that he was free to go.

“The day I was released a different investigating officer said I had been put in prison for my own protection – the same thing my family had been told. He said they had intelligence suggesting that a gang of brainwashed extremists were out to kill me and anybody identified as associated with the protest.”

Rasheed said he now fears for his safety and is unwilling to walk around Male’.

“The majority of Maldivians are not violent people. But I am concerned about a few psychotic elements who believe they will go to heaven if they kill me – people who don’t care if they go to jail for it. Those people I am afraid of, and I will not provoke the country in the future.”

Rasheed’s blog remains blocked, but he says he is unwilling to risk his own safety by resuming blogging anyway.

“The [silent protesters] made their point, which was in no way anti-Islamic,” he said. “Their point was: the majority of people want to eat apples, but a minority want to eat oranges. We said we have no problem with anyone eating apples, but let us eat oranges.

“We said nothing about trying to get people to leave Islam. Everyone should be able to think and practice and follow what they feel personally, and Islam teaches tolerance. Extremists twist this around, and equate it with apostasy – and call for those who leave Islam to be killed.”

Rasheed said he felt that the majority of Maldivians disagreed with extremism, and were generally “a very laid-back, moderate people who want a peaceful life. They are concerned about disruption to families and society, rather than other religions or beliefs.”

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Audit report finds discrepancies in Economic Development Ministry finances

An audit report of the Ministry of Economic Development for 2010 released this week found large discrepancies between the ministry’s internal records and the general ledger kept by the Ministry of Finance and Treasury.

The report noted that the Economic Development Ministry did not “identify and reconcile” discrepancies of over Rf6 million (US$389,105) in income and Rf8 million (US$518,806) in expenditure between its accounts and the finance ministry ledger.

In a recurring finding of audits of state institutions for 2010 recently completed by the Auditor General’s Office, the report noted that the ministry did not compile its financial statement in accordance with ‘International Public Sector Accounting Standards’ (IPSAS) as stipulated by regulations under the Public Finance Act, and as a result lacked important information such as detailed “disclosure notes”.

The annual financial statement did not specify how Rf1 million (US$63,850) allocated for the trade representative in Geneva was spent, the report stated.

With the exception of five main issues identified for reform, the audit report found that the ministry’s expenditures were “for the most part in accordance with state financial regulations and for projects specified in the budget.”

Among the recommendations were: comply with IPSAS for future financial statements; issue receipts for all cash collections; obtain quotations from at least three parties for procurement ranging between Rf1000 and Rf25,000, invite bids for purchases above the limit and ensure that an employee signs for goods and services; improve inventory and stock maintenance and account for a lost laptop; ensure expenditures are made under the appropriate budget code.

In other findings, the report noted that renovation work on the ministry’s new offices went over budget by Rf179,629 as a result of poor planning and insufficient instruction to the carpenter chosen for the work. Moreover, the same carpenter was employed for the additional work without a public announcement to seek quotations from other parties.

The report also recommended depositing fees and other income collected by the ministry to the state’s consolidated revenue fund in lieu of sending the cash to the Maldives Inland Revenue Authority (MIRA), which incurs a high cost, takes up employees’ time and risks loss of the money during transfer, the report stated.

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TMA cabin crewman dead after colliding with seaplane propeller

A 20 year-old cabin crew member with TransMaldivian Airways (TMA) has died after colliding with the propeller of a seaplane at Conrad Rangali Island resort.

The police identified the victim as Ismail Hamdoon Mahmood of Fehifarudhaage, Maduvaree in Neemu Atoll.

Police confirmed that a team had been dispatched to the resort to investigate the incident.

Conrad Maldives issued a statement confirming that the incident occurred early Tuesday evening in the resort’s lagoon.

“It is with deep regret that we confirm the death of that crew member.  No one else was injured in this incident.  This has been a tremendous shock, and Conrad Maldives Rangali Resort extends its deepest condolences to the family. This matter is now being handled by the appropriate authorities,” the statement read.

In a statement, TMA’s Managing Director Edward Alsford said that Hamdhoon had “accidentally walked into the line the moving propeller and was subsequently struck and died.”

“TMA have infomed the family and is liaising with the relevant authorities. At the time of the incident the aircraft had no passengers aboard as the crew had moored the aircraft for overnight parking.”

Local media Sun Online reported a source from resort as saying that it was raining at the time and Mahmood had slipped and collided with the propeller while walking on the platform, and fell into the lagoon. His body was retrieved from the water by resort staff and is currently being kept at the resort clinic, Sun reported.

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‘Gold-digger clause’ bans Maldivian women from marrying foreigners who earn less than US$1000 pm

The Family Court has published regulations requiring that foreign men applying to marry Maldivian women must earn at least Rf15,000 (US$972) per month.

“We have been acting on this for a while. This has attracted public attention only because we announced the regulations this year,” said Ahmed Abdullah, Marriage Registrar at the Family Court.

The regulation stipulates that a foreigner has to earn at least Rf15,000 and submit written proof of his salary if he is employed by the government, or submit six months of bank account statements if he is working in the private sector.

Abdullah explained that this applies only to foreign men and not to foreign women wishing to marry locals, “as it is the man who has to support his wife.”

“It is mostly women who are victims when a mixed marriage like this goes wrong,” Abdullah said.

Maldivian men do not have to earn the minimum amount to get married: “A local man has a home or a family to turn to, whereas if you are a foreigner you have to rent a place so we have taken that into account when drafting the regulations.”

The court has heard cases in which the foreign man has walked away with the local woman’s money and jewelry, he said.

“When a man does not earn enough he will be desperate, and some men marry local women for ease of life. We had a case where a local woman came out of her shower to find her jewellery missing, and later that her Bangladeshi husband had fled the country with it.”

Abdullah says that even when marriages take place abroad between a foreign man and a local woman, it was often the woman who came in to register the marriage.

“We have cases where the woman comes in for the registration, does not have supporting documents, and when we ask the foreign man to come he does not turn up. A man can easily walk away from a marriage,” he said.

To counter this, the regulation for registering marriages abroad also states that if the marriage takes place in a country that has a Maldivian embassy, the embassy has to stamp a document stating that the marriage was conducted by a person or group that has been authorised by the host country to conduct Muslim marriages: “This way there is additional supporting document by a government authority.”

The regulations also specify that based on “certain factors” the marriage registrar can give permission for those under 18 to get married.

“This also has been practised for a while. In very rare cases we have allowed those under 18 to get married,” Abdullah said.

The marriage registrar has the authority to grant permission for those under the legal age of 18 to marry, after taking into consideration factors such as their physical and mental health, police records, and the view of the guardians or parents.

“We will get a medical doctor’s opinion on the physical health of those concerned, and we ask for police reports so that the person and parents in question can make an informed decision,” Abdullah explained.

The reason why a person under 18 wanted to get married is also taken into consideration.

“If they say they are in love, that is not necessarily a good reason to grant the marriage, as children in Grade 6 and 7 also think they are in love sometimes,” he said. “They have to be in a position to realise what marriage is.”

Abdullah would not say what a good reason was, stating only that “we will take it case by case and this is something we grant rarely.”

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