Civil Court issues injunction against termination of Palm Beach Resort and Spa management agreement

The Civil Court has issued an injunction temporarily blocking a decision by the head leaseholder of the Palm Beach Resort and Spa to terminate a sub-lease agreement with the property’s current management.

The Ministry of Tourism, Arts and Culture has confirmed that the resort, based in Lhaviyani Atoll, is to remain under the management of Sun Sporting Holidays Limited until the conclusion of a court case to determine the legality of terminating the companty’s sub-lease agreement.

“Sun Sporting Holidays filed a case against the leaseholder and the court issued an order stating that the termination notice should be suspended until the court decided whether the termination is lawful of not,” Tourism Ministry Senior Legal Officer Faseeh Zahir explained to Minivan News.

“So, the ministry accordingly extended the temporary permit for resort operation to Sun Sporting Holidays,” he said.

No date has yet been set for the next hearing in the case, according to the ministry.

In a document (part 1, part 2, part 3) dated July 15, 2013,  Leaseholder Ibrahim Ali Maniku issued a notice of termination for the agreement between himself and Sun Sporting Holidays Limited to operate the Palm Beach Island Resort and Spa.

He wrote that the decision was based over concerns the company, as sub lessee, had failed to meet a number of safety standards and mandatory requirements set out by the Tourism Ministry and other local authorities.

Citing a Tourism Ministry report from April 11, 2013 – Number: 88­QAR/PRIV/2013/604 – the notice alleges that of 97 observations and violations noted by authorities at the time, 61 were considered serious and in need of immediate rectification.

According to the leaseholder, a maximum period of no more than three weeks from the publication of the report were provided for any short comings or violations raised by the ministry to be dealt with by management on the site.  The notice does not clarify if the required changes were made within the deadline.

The leaseholder however alleged that 14 “major violations” of the General Regulation for Food Establishment and Service of Maldives (2007/182/FSI) raised by the Tourism Ministry had not been corrected during a further inspection held a month later.

The notice claimed that Sun Sporting Holidays had also failed to register the property’s desalination plant with the Environmental Protection Agency (EPA), as well as ensuring the resort’s power system was approved by the Maldives Energy Authority (MEA).

Concerns were also raised in the document over the EPA’s conclusions concerning the impact of severe erosion on the island’s coastline, which is claimed to have led to serious damage to the site’s ‘‘A la Carte’ restaurant as well as the loss of 17,953 square metres of land since the sub-lease agreement had come into force.

The notice claimed the sub lessee had additionally failed to comply with the EPA’s recommendations of relocating the resort’s reverse osmosis desalination) intake away from “the site where sewage is discharged”.

Sun Sporting Holidays was also accused by the leaseholder of failing to address recommendations by the Maldives National Defence Force (MNDF) to repair the resort’s fire alarm and fire hydrant systems that had previously been found to be out of order, while also failing to prepare and practice drills as part of an emergency fire plan.

When contacted by Minivan News this week, Sun Sporting Holidays said Palm Beach Resort and Spa remained under its management and was being operated as normal.

However, the company declined to comment further on the termination notice sent by the island’s leaseholder while legal action into the matter was ongoing.

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Three years ago, the JSC colluded to reappoint Gayoom’s judges: Aishath Velezinee

On this day three years ago, on July 27, 2010, I cried in public, standing on the road, outside Maldives Police Headquarters.

I had gone to the police to report that the Judicial Service Commission (JSC) was sitting at work, on a public holiday, in a hastily called, irregular, unlawful sitting, putting the final stamp on a long-drawn conspiracy to hijack the judiciary.

It was, I now believe, the first major takeover in the coup that brought down the Maldives’ first democratically-elected President on Feb 7, 2012.

The station was on holiday mode and there was no one available to hear my complaint. The junior officers at the counter tried calling superiors but it appeared they had all been busy with the Independence Day, the day before, and were “off”.

There was none to speak to. I told the officers on duty that the Judicial Service Commission was sitting, at work, and that given two hours, they would bring down the state, and walked out. They stood, in silence.

I had tried all other avenues before, and had tried to reach President Nasheed through his office. The President was out of reach, out of Male’ on official ceremony with the Maldives National Defence Force (MNDF), on their territory, outside Male’ where he was Commander in Chief with the MNDF alone.

I was helpless to stop it, and I was convinced the state was collapsing. The Judicial Service Commission was at that moment sitting, colluding, to reappoint Gayoom’s judges en masse and approving them name by name, without check or inquiry.

No one else in the country appeared to know. The media found it all too fantastic. It appeared a Hollywood script, too unreal to be taken seriously.

I stood outside the Police Headquarters, frantic, tears streaming down my face from behind my big black sunglasses, trying to think what to do next, when Colonel Zubair came out of MNDF Headquarters saw me and came up. He saw me crying as I couldn’t stop the tears, though I pretended I wasn’t crying, and it just started pouring and poured more as I spoke. I explained my predicament to Zubair, who called up a police chief.

To cut short, it was explained to me that they understood my case but the police could not act to prevent the Judicial Service Commission from breaching the constitution, acting against the state, hijacking the courts, or robbing the people of the independent judiciary guaranteed by the constitution. These were the crimes I was reporting in my non-legal mind.

I walked back slowly, and went to Maanel, my haven, where I ran to breathe whenever the JSC stifled me, and where I went to vent and collect myself before running back when the JSC taunted, threatened, and attacked me as it often did in those days, in 2010. The JSC was just down the street.

I went to Maanel, left safe the documents I’d taken out from JSC that morning safe, and telling Wimla and Huchen what was going on, I left Maanel and walked back to JSC with only a water bottle, my phone and JSC keycard.

I was on my way to my first ever protest, having only been an observer, a reporter, in the years protesting had begun.

All along, I had been calling up media and contacts, telling people what was going on, and there was some public activity. A small crowd was already gathered outside the JSC when I went back.

I had gone that morning at 10:00am to find the Speaker, Abdulla Shahid, sitting at his place in the Commission, to the right of then Commission Chair, interim Supreme Court Justice Mujthaaz Fahmy, ready to complete the elaborate pretence of executing Constitution Article 285.

Until then, I had kept hope Abdulla Shahid was outside the matter, and despite all evidence to the contrary had kept my trust in him, and appealed to him, to bring an end to this awful charade that was about to kill the Constitution. I knew Abdulla Shahid understood constitution and democratic principles and standards like no other.

Seeing Shahid, I realised this was far bigger a conspiracy than I had wanted to believe.

I protested, inside the conference hall where the JSC continued with its treason despite my live commentary via my phone to a loudspeaker speaker outside. I protested until early evening when it finally ended.

By then there were MPs and a few lawyers speaking on the media, and the media was covering the protests outside JSC.

The people protested. And the JSC pretended to hear. After the protesters left, they returned the next day, and quietly carried out the crimes that haunt us today.

I stayed away on July 28, 2010, having informed the Commission that I would not be participating in any unconstitutional sittings or activities in the JSC.

It was Sheikh Shuaib Abdul Rahman, member appointed to the JSC from the Public by the Majlis, who protested on July 27, 2010, against the JSC’s breach of trust.

Sheikh Shuaib walked out in protest over the JSC approving the appointment of Chief Criminal Court Judge Abdulla Mohamed, despite the commission having evidence Abdulla Mohamed did not possess the qualifications of a judge required under Islamic Sharia.

Sheikh Shuaib then spoke tothe  media and informed the public what had happened in the JSC that day, July 27, 2010.

I spoke with JJ Robinson of Minivan News a few days later about what I was seeing.

The rest is history, to be written and rewritten, as it comes.

Velezinee protests the reappointments in 2010:

http://www.youtube.com/watch?v=HDiTN72684s

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Comment: Maldivian history a mockery of past and present

Marx said that history repeats itself, first as tragedy, second as farce.

In an isolated country such as ours, with a culture that goes back thousands of years, history has become twisted beyond all recognition and ended up as an unnavigable tangle of myths and falsehoods. And it appears we are not done yet.

An unreliable history

The story goes that in the mid-16th century, the Maldives was dominated for a period of 15 years by the Portuguese who – for reasons lost to history – attempted to forcibly pour alcohol down pious Maldivian throats.

Three brothers from the island of Utheemu – Mohamed, Ali and Hasan Thakurufaanu – then intervened heroically, in a tale of cunning and tact, to overthrow the infidel Portuguese, and became heroes of Islam who saved our pious nation from the alcoholic, Christian invaders.

This grand, sanitised version of the story, where an Islamic hero defends the faith of the Maldivians from evil infidels would prove very useful for later rulers of the country, like Maumoon Abdul Gayoom, who constantly stoked fears of evil Christian missionaries trying to take over the Maldivians precious Islamic faith – a tactic that persists to this day. In 2009, Pew Forum on Religion & Public Life found a paranoid Maldives to be among the world’s Top Ten most religiously intolerant nations.

Over time, it became apparent that it was not just foreign invaders that threatened to take away our Islamic faith, but our own dead forefathers whose entire rich Buddhist culture was swept under the carpet so tidily that to this day, it cannot be properly acknowledged – much less celebrated.

As much as we tried to erase it from memory, a vexatious history kept throwing at us evidence of a rich pre-Islamic cultural past in the form of statues, Buddhist stupas and ancient coral stone engravings uncovered from all parts of the country that became impossible to entirely ignore.

Thus, a legend came into existence; a fantastical story of a sea-demon, the Rannamaari, who came from the oceanic depths and had to be appeased by a virgin sacrifice every month. Then, Abul Barakat, a Berber scholar from Morocco arrived in the country in the early 12th century and heard of the story from a grieving family.

When it was time for the next girl to be sacrificed, Abul Barakat volunteered to step in. He stood vigil throughout the night, reciting from the Qur’an at the idol-house where the virgins were left every month to be ravished and killed. That night, the sea-demon rose from the depths and drew close, only to plunge again beneath the waves upon hearing the holy recitation which continued till dawn. In the morning, the islanders rejoiced, and upon hearing this, the King was pleased and instantly converted to Islam – willingly followed by the entire population of the country who discarded their idols and got enlightened overnight.

This happy outcome continues to be the version of history taught in schools today, although local historians have since discovered copper plate inscriptions from the 12th Century that describes a much more blood-soaked process of conversion – with Buddhist priests being summoned to Male’ and beheaded. Many terrified islanders buried their beautiful coral stone idols in the sand, covered with palm leaves, to protect it from the King’s men.

The idols survived the king’s men. But they could not survive the religious paranoia of their descendants, who are left with a toxic relationship with reality, having been brought up on a diet of distorted history.

In December 2011, this writer wrote a piece mentioning the statue of Gautama Buddha recovered from the island of Thoddoo in 1959, that was decapitated and soon afterwards had its body smashed to bits by paranoid Islanders, leaving behind only its serenely smiling head.

Less than two months after the piece was published, Islamic radicals vandalised the National Museum, and completed the job by destroying the head in a fervour to protect their Islamic faith from this perceived historical threat.

An embellished past

As far as stories go, the tale of the demon Rannamaari is only slightly more embellished a truth than the tale of a model Islamic hero overthrowing the Portuguese who were trying to force alcohol down our throats.

Maldives chronicler Abdul Majid points out that Buraara Koi, an ancient narrator of history, described Mohamed Thakurufaanu as “an adulterer, a necromancer, a cheat and someone who enjoyed trapping birds into his extended adolescence” – characteristics unworthy of an Islamic hero.

To set right this historical glitch, Hussain Salahuddin, a conservative twentieth century chief justice and a former royal commissioner of history, “openly purged the traditional versions of ‘objectionable’ events and accounts and inserted politically correct material in their place – some of it fabricated by his own admission”.

While no authoritative version of our history could survive our endless assault on facts, the end result of both these tales – the Rannamaari and the Portuguese invasion – is very politically convenient. In both cases, the tale inextricably weds our national identity with Islam in a grand, exaggerated and sanitised recalling of past events, while simultaneously assigning our history to be as much as an enemy of our identity as any foreign invader.

Recently deposed President Nasheed, a self-proclaimed history buff, marked the Independence day by narrating tales of Maldivian history on the radio. He added another spin on this already convoluted story by saying that there isn’t evidence that Islam was ever under threat by the Portuguese – asserting that Maldivians were simply more pious than that.

Nevertheless, the Portuguese, whose archives interestingly seem to record no evidence of direct rule of the Crown over the Maldives, ended up as being yet another incarnation of the Rannamaari;  another woven yarn about a demon that had to be defeated to demonstrate the valour of Islam that finds resonance to this day.

For instance, Umar Naseer – one of the primary actors in the overthrow of the elected government last year – has described his actions as being equivalent of the overthrow of the infidel Portuguese. In the Maldives, anything can become a Rannamaari. Even an elected government.

As a population, we revel in collective myths.

Muddying up the present

President Nasheed is also fond of pointing out the cyclicality of history – and how we are a nation with a long history of subterfuge, conspiracy and coup d’etats.

After all, the first Maldivian republic collapsed in 1954 after President Mohamed Amin Didi was deposed in a coup engineered by his Vice President Ibrahim Mohamed Didi, who in turn was deposed and exiled to make way for the restoration of the monarchy.

Yet, the police and military backed coup in 2012 that installed Waheed in power seemingly came out of the blue. For a nation as fearful and hostile to its own past, learning from history is out of the question and the cyclic nature of events becomes inevitable.

And thus, all the pieces fell into place on Friday night, on the occasion of the country’s Independence day, for a farce so gigantic that one could almost hear the giant wheel of history grind in motion.

On that night, Mohamed Waheed, installed in power in last year’s coup d’etat, conferred upon the former dictator Maumoon Abdul Gayoom, the NGIV (Nishan Ghaazeege ‘Izzatheri Veriya, the Most Distinguished Order of Ghazi) – the highest civilian honour recognized by the Maldivian state.

The location chosen for this travesty could not have been more appropriate. It was the very museum hall where the priceless, exquisitely carved coral stone remnants of our Buddhist history were reduced to dust last February as the coup was unfolding. Disregarding expert advice, the surviving artifacts in the museum were moved aside to make way for this momentous sham. Outside, the muscular SO riot police had forcibly shut down the neighbouring Art Gallery and held back protesters.

The coral stone dust of our forgotten past still lingered in the air when Waheed proceeded to essentially give a giant one finger salute to two generations of Maldivians – including, as many point out, his own mother and brothers – who have suffered under the yoke of Gayoom’s tyranny.

As far as this writer is concerned, the title bestowed upon Gayoom is about as legitimate as regime that conferred it upon him – which is to say, not at all.

Nasir spins in his grave

Another President – President Ibrahim Nasir – was conferred the same honour by the Sultan of the time.  However, President Nasir – who introduced modern English medium curriculum, and radio and television and civil aviation and tourism and mechanized fishing boats that breathed life into, and continues to prop up, the Maldivian economy in the decades ever since – was stripped of his kilege and other titles by his successor, the Gayoom regime.

Much like former idols, spirits and sea goddesses were demonised overnight to fit a new historical narrative, former President Nasir was vilified, exiled to Singapore and sentenced in absentia in the early days of the Gayoom regime. Indecent cartoons and songs mocking him were played by the Gayoom regime on the very government radio stations that Nasir introduced.

Today, Nasir’s reputation lies impossibly tangled. On one hand, he is praised as the hero of our national independence and architect of the modern Maldives who was harsh on corruption. On the other hand, he is criticised as a heavy handed autocrat who allegedly stole from the public coffers. He lived out his final years in ignominy and disrepute but, having died just after the fall of the Gayoom regime, was given a hero’s burial in Male’ alongside his royal ancestors.

Whether Nasir was a hero or a villain, we can no longer rely on our muddled history books to tell. Gayoom’s attempt at manipulating history and his muddying his predecessor’s legacy was thus an unqualified success.

And last Friday, Waheed stacked yet another card on the house of cards that we call our nation’s history; another attempt to muddy up the waters, another perversion of history itself in a bid to whitewash Gayoom’s indefensible legacy.

To quote from Hegel’s Philosophy of History, “What experience and history teach is this—that people and governments never have learned anything from history, or acted on principles deduced from it”.

In a country where gods have morphed into demons, and falsehoods have become the basis of our faith, and myths explain our origins, and history itself is a giant farce – it is clear that Gayoom intends to be remembered not as the vain leader of a corrupt, nepotistic, iron-fisted regime who never faced justice for his decades long crimes – but as someone who can now point to his shiny new medal and count himself among the highest, most distinguished and honourable among our citizens.

And it looks like he just might get away with it, and history will be none the wiser.

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

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Thousands of voters failing to re-register to vote in Male before August 7 deadline, warns Elections Commission

Only 11,000 out of an estimated 65,000 Maldivians have registered to vote outside of their permanent residence for the September 7 presidential election, with many unregistered voters confident they will not encounter problems voting on election day.

Despite this confidence, many of these same voters have also cited confusion or a lack of awareness about registration and voting regulations.

While public response to the voter re-registration process has been poor, Maldivians can only re-register until August 7, after which time the window of opportunity will end, Elections Commission (EC) President Fuwad Thowfeek told local media.

“We urge everyone to pay special heed to the re-registration. Once the deadline ends, we won’t allow any more chances because we need to verify the forms as well,” Thowfeek explained.

The EC has received some registration forms from political parties that are taking part in the process, which Thowfeek hopes many people are using to re-register to vote prior to the deadline.

The 54,000 person voter registration shortfall has prompted the EC to establish a voter registration desk in the Raalhugandu area – Male’s surf point, adjacent to the Tsunami Monument in Henviru ward – openly nightly from 9:30pm to 11:00pm.

To try and understand what is preventing so many Maldivians from registering to vote, Minivan News spoke to a cross-section of youth – individuals between 18 and 35 years-old – and asked: 1) Whether they plan to vote in the September’s presidential election; 2) Where they plan to cast their vote; 3) If they have registered to vote in that location; 4) If they have checked the voter registration list previously published in the Government Gazette, or with the EC.

An overwhelming majority of those questioned expressed passionate excitement about the upcoming elections and said they plan to vote, and enthusiastically voiced support for a particular political party. However, many of the same individuals were unaware – and even unconcerned – about the voter re-registration process.

“Yeah, I’m gonna vote here in Male’. I think I’m registered, cause a guy from the [island] council talked about it and he took a photocopy of my ID card,” said a 20 year-old, originally from Haa Alif Atoll now living in Male’.

“I didn’t check the [voter registration] list. What does it contain – the list of people who can vote this year?” he asked.

Maldivians originally from the atolls now living in Male’ have also said they find the voter registration process for the Male’ Dhaftharu – a special registry for people who are Male’ residents, but are from other islands – to be “too complicated” or “time consuming”.

“‘Ehburun’ – I support the [Maldivian Democratic Party] (MDP)!” exclaimed a 25 year-old safari boat worker from Shaviyani Atoll, who lives in Male’ with his wife and young children.

He said he plans to vote but has had “no time” to research the voter registration process or check the voter registration list and juggle family and work responsibilities. His wife is also politically passionate, and believes they will have no issues voting on election day, but has not checked the voter registry.

Numerous individuals do not think they need to re-register to vote, especially if they voted in a recent election or if they plan to vote on their home island.

“I will be registered on my island. I’ll be able to walk into the polling station on my island and vote, no problem. I have not checked [the status of] my registration, because there’s no need,” said a 22 year-old who is working and studying in Male’.

This sentiment was reflected almost verbatim by a 21 year-old from Meemu Atoll who works in a private business office in Male’: “I don’t know if I’m registered, but there’s no need. I’ll go to my island on election day and be able to vote no problem.”

Those who plan to travel back to their home islands to vote are completely confident political parties will provide boat transport on election day, and that weather causing rough seas will not be a problem.

Those who plan to travel to their islands – from atolls in the far north to the far south of the Maldives – are indiscriminate about which political party boat they will take, even if it means they will be accepting transport from a party they will not be voting for.

University students studying in Male’ have also told Minivan News that because “transportation is difficult” they are currently looking for scheduled trips to their home islands, but will ultimately have to seek out political party boats traveling from Male’ to the islands on election day. The transport provided by political parties tends to be more “luxurious” than regular ferries, some said.

These college students feel because they are studying full time, and many simultaneously work full time jobs, the EC registration process is too complicated and not flexible enough to accommodate their schedules.

Additionally, they “do not trust political parties enough to register through them”.

Meanwhile, many resort workers are still unsure of the location they will be voting and therefore have not registered to vote.

“I’m not sure if there will be a ballot box on the resort. We have not been informed by the resort management,” said a water sports instructor working on a resort near Male’.

He explained that the Maldivian staff also have not been informed if the resort will provide time off or transportation to another island to vote – and they were not notified during the 2008 presidential election either.

“I want to vote, but even if I knew where I should be voting, I only get one day off, so I cannot come to Male’ to register,” the water-sports instructor added. “There needs to be an online registration system.”

Another resort worker noted that he recalls a voter registration SMS reminder  “bouncing around a while back”, but is still unclear on whether he even needs to register to be eligible to vote.

The EC earlier revealed that only 56 of the country’s 100 resort islands had agreed to allow ballot boxes for staff to vote.

“As an alternative, we’ll place boxes in the islands closest inhabited island and they’ll send their employees [to vote],” Thowfeek said at the time. “Resorts cannot stop their staff from going [to vote] because we have an understanding, an arrangement with them. If they try to stop [their employees from voting] we will take the necessary actions [against them].”

Traveling abroad for work during election has also created problems for some Maldivians.

“If we travel we will miss the election. There should be an early voting system,” said a 25 year-old working in Male’.

Even individuals actively involved in campaigning for a particular political party and assisting with the voter registration process for their constituency are not entirely clear about the re-registration process.

“I’m not sure when the deadline is,” said a 23 year-old campaign volunteer who works in Male’.

“I’m definitely voting for MDP,” declared one 22 year-old in Male’, however though he said he has been very active organising various events – political and non-political – in his neighborhood, he did not think he needed to register to vote.

Voter apathy

While the lack of voter registration awareness has not deterred many Maldivian youth from confidently believing they will be able to vote on September 7 without issue, there are some individuals who feel so politically disenfranchised they are choosing not to vote.

“It won’t matter whether I vote, nothing changes for us, we are mistreated by police under every government administration,” said a 22 year-old working in Male’. “Only politicians and their friends have rights, no one else does.”

“I don’t feel like voting since no one will be willing to do anything good for the citizens. When it comes to voting, they’ll tell us it’s our right. But when we go to get our rights, there’s no rights for us,” said a 23 year-old Maldivian studying abroad in Sri Lanka.

“For instance, what about the parents of the murdered guys? Where do they go to get justice for their murdered sons?” he asked.

“You see there’s no candidate that I would like to vote for. I hate each and every one. Everyone [running for president] is out for their own good, no one is going to help the country develop. Neither is any citizen going to get benefits,” he added.

Some Maldivians are planning to vote if the elections continue on to a second round, but say they do not think it is necessary to vote in the first round.

“MDP has so many supporters they don’t need my vote. Ehburun! But if they don’t win in the first round, then I’ll vote in the second,” said a 25 year-old Male’ resident.

EC Hotline Help

The EC has stressed that they wish to hear any and all issues, concerns, or complaints voters may have in regard to the upcoming elections.

“We are here to listen and check into any problems,” said Thowfeek. “Anyone can call the EC regarding any problem, we currently have 12 lines and will increase the number of reception lines as demand increases.”

Currently. the EC hotline is staffed 8:00am to 8:00pm, however as elections day approaches the line hours will be extended, Thowfeek explained.

Maldivians can call or SMS to determine where they are registered to vote, which political party they are registered with, to report any problem or difficulties, and to seek any information.

The Elections Commission hotline is 1414.

The SMS codes for enquiries are as follows:

SMS PPR(space)(ID#) – current political party registration
SMS Voterinformationsystem(space)(ID#) – respective polling place location based on voter registration

Additionally, voter registration, including political party affiliation, can be verified in the Maldives’ government gazette.

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Palestinian refugee family to remain in Maldives while authorities assist with resettlement

Four Palestinian refugees who arrived in the Maldives on July 9 will remain on the airport island of Hulhule’ until authorities can resettle the group in another country, the Ministry of Foreign Affairs has announced.

The Palestinian nationals, who Minivan News understands had previously fled to Syria, arrived in the country earlier this month on a flight from Dubai with a “questionable” travel document supplied by Syrian authorities.

The arrival of the refugees to the Maldives has been described by former Maldives Foreign Minister Dr Ahmed Shaheed as a relatively unprecedented development for the nation, which has never previously entertained asylum seekers or refugees – mainly due to a lack of individuals seeking such a status.

“There does not appear to be an official mechanism to deal with such claims either,” Dr Shaheed explained today.

“However, those who have drifted into the Maldives by sea have been repatriated to their home countries, and it is only those whose nationality has not been identified who have remained in limbo in Maldives, sometimes under detention, as the case with some alleged Somali pirates.”

In a statement issued today, the foreign ministry said that under local laws, individuals travelling to the Maldives with false documentation were to be refused entry to the country.

However, the ministry said it had been informed by the United Nations High Commissioner for Refugees (UNHCR) on July 14 that the Palestinian family were believed to be registered as refugees. The family has also told government authorities that they are listed with the United Nations Relief and Works Agencies for Palestine Refugees (UNRWA).

The Foreign Ministry said it understood the Palestinian nationals had been living until recently in Syria, before seeking to leave the country due escalation of conflict between government and rebel forces.

“Upon receiving request from UNHCR, the ministry intervened and requested the Department of Immigration and Emigration to allow the family to remain in the Maldives, as returning the family from the same route as they came in would leave to high probability of the family being returned to war-torn Syria,” read the foreign ministry statement.

“[Returning the family to Syria] is not acceptable to the government of the Maldives.”

Citing involvement with the case “purely on a humanitarian basis”, senior officials in the government have since met with the family, who have said they had no intention of staying in the Maldives indefinitely.

According to the Foreign Ministry, the Palestinian nationals have sought relocation to Europe, where other members of their family are already believed to have settled.

“Deputy Chief of Mission of the United Nations High Commissioner for Refugees Mr Hans Friedrich Schodder and Mr Abid Mohudin, Interviewing Officer, arrived in the Maldives on July 23 2013, and have met with the family,” the ministry stated.

“UNHCR officials have already gathered information from the family on refugee status determination and has assisted in the resettlement submission.”

Government authorities are now working with the UNHCR to try and help the family resettle in Europe in collaboration with the Palestinian Embassy in Colombo also assisting.

According to the Foreign Ministry, the embassy had already provided assurances that all necessary travel documents would be provided to the family once the UNHCR has resolved the process of their resettlement.

Meanwhile, the family continue to be held at an unspecified location on the airport island, with authorities pledging to provide food, medical assistance and other necessary facilities, the Foreign Ministry has said.

Immigration Controller Dr Mohamed Ali was on leave when contacted for a comment today, forwarding request for further information to department Chief Executive Officer (CEO) Abdullah Munaaz.

Munaaz was not responding to calls at time of press.

International rules

Former Former Minister Dr Shaheed, who has served in the role under the governments of both former President Maumoon Abdul Gayoom and Mohamed Nasheed, said international rules on refugees were governed by the 1951 Refugees Convention and the 1967 Protocol to the Refugee Convention.

He added that the Maldives was not a party to such treaties. However, Dr Shaheed said that certain requirements in dealing with refugees were included in customary international law, requiring all nations to abide by them.

“The most important such customary international law principle is that of non-refoulement, whereby an asylum seeker should not be sent back to a country where he or she would face threats to his/her life or freedom,” he said.

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“Murder has to be punished with murder”: Yameen calls for death penalty to be put into practice

Progressive Party of the Maldives (PPM) Presidential Candidate Abdulla Yameen has called for the death penalty to be put into practice in the Maldives, a day after vowing to reform the judiciary.

The MP, half brother of former autocratic ruler Maumoon Abdul Gayoom, made the comments while speaking on the program Voice of Maldives on Monday night (July 22).

Yameen explained that although he was not previously an advocate of the death penalty, he now believed it must be implemented to save Maldivian society from murders that have become too commonplace, according to local media reports.

Yameen noted that as a result of the “recent spate of killings” in the Maldives he has had a “change of heart” and now believes “murder has to be punished with murder.”

“It is something that has to be done. We cannot move forward without making our streets safe,” Yameen said.

Yameen explained that a death penalty sentence should only be implemented if upheld by the Supreme Court.

“I now believe, if it can be proven in trial so that the country accepts, if it is proven to a degree accepted by judicial principles, if all the steps are followed, and if the Maldivian people believe, I believe that the death penalty is necessary to save society,” he said.

He also noted that because detailed legislation is necessary to implement the death penalty, the current government recently proposed a death penalty bill in parliament.

Regarding whether he would implement Islamic Sharia law, Yameen’s response to a caller was that “justice is currently delivered in the Maldives through Islamic principles” and that he would act “in accordance with what is laid out by the constitution.”

He pledged that under a PPM government he would “do whatever has to be done” to make the Maldives a peaceful place.

Yameen also denied financing or having links with gangs, claiming these allegations “do not have any basis” and politicians perpetuating such rumors “lack sincerity”.

Such rumors that Yameen has gang ties have “been around a long time”, according to CNM.

During the PPM presidential primary, former candidate and PPM Vice President Umar Naseer publicly accused Yameen of involvement with gangs and the illegal drug trade. However, Yameen denied the “defamatory accusations” calling them “baseless and untrue”.

Yameen further noted during the Voice of Maldives program that a “major part” of the government budget would be spent on youth, including a special rehabilitation program for drug addicts, with more than 900 placements available, if he is elected president.

Last month, Yameen also announced that PPM intended to transform Hulhumale’ into a “Youth City” where enough apartments to accommodate young people would be constructed.

Judicial reform pledge

Meanwhile, a day prior to Yameen’s comments in favor of implementing the death penalty to quell violent crime in the Maldives, the PPM presidential candidate pledged to reform the judiciary, even if it required amending the constitution.

To gain investors’ confidence and bring foreign investments to the Maldives, reforming the judiciary to ensure swift justice and confidence in the institution is necessary, Yameen explained.

“We see the many challenges ahead from every direction. So we are not only competing with other candidates. We are competing against the flailing economy and fading culture and values,” he said.

Yameen told local media that Chief Justice Ahmed Faiz Hussain had also noted the judiciary has “problems”.

Faiz has meanwhile urged the public and media to refrain from making statements that would give a negative image of the judiciary, and called for constitutional amendments.

His comment’s follow the Maldives Bar Association (MBA) calling for the suspension of Supreme Court Justice Ali Hameed pending an investigation into his alleged sexual misconduct. Hameed is under investigation by both the police and Judicial Service Commission (JSC) over the circulation of at least three sex videos apparently depicting him fornicating with unidentified foreign women.

Earlier this year, Faiz said that the current seven-member bench of the Supreme Court cannot be abolished and will continue to remain as the highest court of the country as long as the Maldives remains a democracy. In July 2012, the Chief Justice also said the death penalty can be executed within the existing justice system of the Maldives.

Death penalty controversy

While the Maldives still issues death sentences, these have traditionally been commuted to life sentences by presidential decree since the execution of Hakim Didi in 1954, for the crime of practicing black magic.

Death penalty legislation was presented to parliament in June by government-aligned Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed to implement the death penalty by hanging if the Supreme Court upheld a death sentence passed by a lower court. The legislation was put to a vote to decide whether or not to proceed with the bill at committee stage and was ultimately rejected 26-18 with no abstentions.

The Maldivian Democratic Party (MDP) MP said at the time that the party’s parliamentary group had opted to throw out the bill on the grounds that it would be “irresponsible” to approve such measures with ongoing concerns held by itself and international experts over the functioning of the country’s judiciary.

The party additionally criticised the proposed bill as being irrelevant, arguing that the country’s draft penal code – a recent issue of contention between MPs and certain political parties – already included provisions for the death sentence as outlined under Islamic Sharia.

Recent calls for presidential clemency to be blocked led Attorney General (AG) Azima Shukoor to draft a bill favouring the implementation of the penalty via lethal injection. It was met with opposition by several religious groups such as the NGO Jamiyyathul Salaf, which called for the draft to be amended in favour of beheadings or firing squads.

Minivan News understands that the bill submitted by the AG remains open for comments on potential amendments.

More recently, the state called for a High Court verdict on whether the practice of presidential clemency can be annulled.

Eariler this year, the UN country team in the Maldives issued a statement calling for the abolition of both corporal punishment and the death penalty in the Maldives.

Additionally, the state’s stance to review implementation of death sentences has led to strong criticism from certain human rights-focused NGOs this year.

Speaking to Minivan News immediately following a visit to the Maldives in April 2013, Amnesty International’s South Asia Director Polly Truscott raised concerns about the recent drafting of new bills outlining implementation for executions.

She argued that even in practice, such bills would be deemed as a human rights violation, with the NGO maintaining that there remained no research to support the assertion that executing criminals served as an effective deterrent for serious crimes.

She noted this was a particular concern considering the recent findings of various international experts such as UN Special Rapporteur on the Independence of Judges and Judiciary, Gabriela Knaul, regarding the politicised nature of the country’s judicial system.

“To leave Sharia law to the discretion of individual judges is something we believe would be a bad idea,” she said at the time.

In May this year, Amnesty International condemned the sentencing of two 18 year-olds to death for a murder committed while they were minors, and called on Maldivian government authorities to commute the sentence.

Meanwhile, a survey of the leading criminologists in the United States conducted in 2009 found that 88 percent of the country’s top criminologists “did not believe” that the death penalty is a “proven deterrent to homicide”.

The study, Do Executions Lower Homicide Rates? The Views of Leading Criminologists published in the Journal of Criminal Law and Criminology, also found that 87 percent of the expert criminologists believe that abolition of the death penalty would not have any significant effect on murder rates.

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Trapped in the Maldives: foreign nationals stranded due to employers, state failing to resolve visa issues

A growing number of foreign nationals are finding themselves forbidden from leaving the Maldives by immigration staff, due to the failure of state and private employers to renew visa documentation.

The Indian High Commission in the Maldives told Minivan News it was now demanding government intervention after receiving complaints from expatriates claiming they have been blocked from boarding planes at Ibrahim Nasir International Airport (INIA), and stranded in the country indefinitely.

Minivan News has learned of cases where expatriates from India, the UK, the US and the Philippines have been blocked from leaving the country due to issues with visa documentation attributable to the negligence of state authorities and employers – in some cases, government ministries.

Unable to leave – and in some cases fined extortionate sums on behalf of the employer – foreigners are complaining of being trapped without funds, accommodation or legal representation.

As employers are responsible for arranging work permits on behalf of their foreign employees, foreign nationals are unable to submit or collect their own visa documentation, effectively stranding them in the Maldives at the mercy of their employers and state authorities while renewals are underway.

One UK national, seeking to ensure his own work permit was processed, even told Minivan News he was refused service at the immigration office on the grounds of “Where’s your owner?”.

An Indian High Commission source this week accused authorities of persecuting foreign nationals for the failure of the state and private employers to correctly renew or register foreign staff in the required time, depriving expatriates of their freedom of movement.

In just the past few days, the high commission said two Indian nationals had missed flights and been stranded in the Maldives while waiting for employers and government authorities to resolve the outstanding issues with their paperwork.

One of those affected, licensed pathologist at the state-run Indira Ghandi Memorial Hospital (IGMH), Dr Anjula Jain, was prevented from returning to India last week after completing her contract with the Ministry of Health.

She was forced to wait several days before receiving approval to book another flight with her own money.

Dr Jain has since filed an official complaint over her treatment with the Indian High Commission.

A High Commission source said Dr Jain had been told at immigration counter that she could not leave the country as her work visa had expired, despite the Health Ministry being in the process of renewing her documents.

Despite possessing papers showing the renewal process was ongoing, the doctor was still refused permission to leave.

Dr Jain was then asked to obtain a letter from the Health Ministry confirming the renewal of her documents was underway, before finally obtaining clearance from the Department of Immigration to leave the country days later.

The High Commission source said it was extremely concerned that Maldives employers, especially state authorities such as the Health Ministry, were continuing to employ foreign nationals even after their visas had expired, resulting in serious difficulties for the workers.

“There is a serious problem here for expatriates working for private and government companies where a visa is not renewed in time, with some people even having their bank accounts frozen and being deprived of their rights,” the source said.

“One call is too many,” the source said. “Concerns have been raised with [State Foreign Minister] Hassan Saeed as some similar cases have been brought to our attention. [The commission] will be checking with authorities that a systematic resolution can be found by the government to resolve this issue.”

Trapped in Male

Several foreign staff of varying nationalities working in areas ranging from tourism to the NGO sector have told Minivan News they are effectively barred from leaving due to problems with paperwork they are unable to resolve without the assistance of ambivalent employers and immigration staff.

One US national working in the NGO sector told Minivan News that she remains blocked from leaving the country due to a delay in obtaining a visa stamp in her passport, after discovering at the immigration counter that a previous employer had failed to pay outstanding visa charges.

Speaking to Minivan News on condition of anonymity, the woman said that during a recent attempt to fly to Sri Lanka for a medical reasons, immigration staff  had summoned an airline official, who had ripped up her ticket in front of her.

“I spent a year working for my former employer. It took six months of demanding my passport be returned to me before it was, however I was constantly reassured all my documentation was in order and there were just processing delays. So I was very surprised to discover they had failed to pay the appropriate work visa fees,” she said.

“This has not only caused problems for my current employer, it has put me in a very vulnerable position as an expatriate worker. I’ve been prevented from leaving the country – urgently for health reasons – by the Immigration Department because of these unpaid fees resulting in my documentation not being properly updated.”

The US national said she was now effectively at the mercy of previous employers to resolve the outstanding payments, as she was unable to afford the the MVR 15,000 (US$1000) in fines demanded by immigration authorities to allow her to leave the country.

“Despite being in constant contact with my former employer about these issues, and some of the members showing genuine concern, they have still failed to resolve the issue nearly seven months later. Instead they blame me for these issues, when it’s clearly their own professional incompetence. It’s a foul betrayal to have dedicated so much time and energy, as well as made numerous personal sacrifices, in order to partner with this organisation to achieve their mission, merely to be blatantly disrespected as a professional and individual,” she said.

“Foreign workers in the Maldives – of any nationality – are treated like slaves, or indentured servants at best.  As a professional woman, it’s worse because you have to navigate the sexism and endure a lot of harassment – which would never be allowed if this was a country that respected its foreign employees.”

By contrast, the US national believed the only method to have visa documentation approved in a quick manner was to go through recruitment ‘agents’, alleging that corruption seemed to be endemic within the system, despite tight restrictions imposed on foreign professionals.

“The most ridiculous part of the situation is that in addition to my former employer’s incompetence, the department of immigration has been in a state of flux since Feb 2012, but this is not taken into consideration by the government. They don’t care. Illegal foreign workers are brought into the country and exploited in droves, but immigration punishes legitimate workers claiming they know what they are supposed to do,” she argued.

Employees must take responsibility: Immigration

The Department of Immigration confirmed it was aware that foreign nationals had been prevented from leaving due to their employers not having obtained visas correctly.

However, the immigration authority argued that the Maldives, like countries all over the world, required foreign nationals to have the correct visa documentation to enter or leave the country, even to their homeland.

Immigration Department spokesperson Ibrahim Ashraf said all expatriates would be aware that, in order to stay in a foreign country, it was mandatory to have the correct and valid visa.

Ashraf said that there had been a “huge backlog” of visas that were required to be processed by employers such as the health and education ministries, claiming that immigration authorities had made special arrangements to fast track visa renewals.

“This should not be happening,” he said of expatriates being prevented from boarding flights out of the country.

Ashraf claimed the Immigration Department had not been made aware of any concerns raised by the Indian High Commission over the issue of stranded workers, suggesting some issues may have been related to a “huge misunderstanding” of the visa system by employers.

“Payments for visas have to be made to the Maldives Inland Revenue Authority (MIRA), with passports then officially needing to be processed with the Department of Immigration once payment is complete,” he said. “The visa sticker has to be there in the passport.”

Ashraf stressed that a correct visa sticker was requested by airlines as well as foreign authorities to allow a foreign national to board any international flight.

Health Ministry backlog

Responding to the Indian High Commission’s concerns about Dr Jain, Permanent Secretary at the Ministry of Health Geela Ali told Minivan News said she was unaware of the case.

However, she accepted there had been issues with foreign doctors not being able to leave the country as a result of problems relating to visa extension issues, such as the transfer of staff from health corporations established under the previous government back to the ministry.

Geela insisted there were no longer recurring problems with visa extension of expatriates working for the health ministry, despite a backlog of outstanding documentation preventing staff from leaving, and said many issues had been resolved.

“The matter is now under control, but obviously there will sometimes be employees who cannot leave over visa issues,” she said.

Geela said IGMH was responsible for its large foreign workforce, and any workers who were facing issues leaving the country.

Indian authorities meanwhile last year slammed the government and some private employers for failing to reissue visa documentation to expatriates who were forced in some cases to wait weeks in Male to return home for visits and emergencies, including one worker’s own wedding.

In January, the high commission provided local media with a list of 11 grievances affecting its relationship with the Maldives, including discrimination, the keeping of passports of Indian nationals by employers, and the failure to repatriate mortal remains of foreign workers.

The source expressed confidence that authorities would find a resolution to the various grievances raised, despite claiming that no progress had made on any of the issues raised at time of press.

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Parliament’s Committee on Social Affairs submits social protection bill

Parliament’s Committee on Social Affairs on Monday (July 22) submitted a social protection bill to parliament for review, after amending the bill to stipulate 11 instances in which the state must protect and assist under-privileged citizens.

According to the report submitted by the committee, the objectives of the bill are to provide as-yet unspecified support to citizens facing difficulties as a result of poverty and to increase equitability between the rich and poor. Support for citizens lacking the means to obtain basic necessities and the provision of state facilities to all citizens in the most equitable manner possible were also among the aims.

The bill stipulates the provision of financial aid to single parents, and support to children under the care of guardians other than biological parents.  These same guardians and students are also included as recipients of support.

It furthermore guarantees support to neglected persons, as well as persons suffering from psychological disorders.

The bill additionally stipulates the provision of subsidies for expenses on food products, electricity, water and accommodation.

The bill offers support in “emergency situations”, while small and medium businesses located in any industrial district facing difficulties is also included.

Neither the amount of financial aid that an individual may be provided under the bill, nor the criteria individuals must meet to qualify for aid are included in the draft. Instead, the act says that these details must be established in regulations gazetted three months after the ratification of the bill.

According to the bill, an individual or a person on behalf of the applicant is required to register with the National Social Protection Agency (NSPA) for support and subsidies granted by the state.

It also include clauses which obligates the NSPA to uphold the confidentiality of personal information of all persons who file for support, adding that employees of the agency who divulge such information may be subjected to fines ranging between MVR 5,000 (US$325) to MVR 10,000 (US$650).

The Social Protection Bill was initially submitted to parliament on October 19, 2010. It was sent to the Committee on Social Affairs for review and amendment on December 14, 2010.

The Committee had its first meeting regarding the bill on October 8, 2012, after a period of almost two years since the bill was sent for review. At this meeting, a subcommittee to focus on the matter was appointed.

The subcommittee included Maldivian Democratic Party (MDP) MP Ahmed Rasheed, Progressive Party of Maldives (PPM) MP Abdul Azeez Jamaal AbuBakr, Dhivehi Rayyithunge Party (DRP) MP Hassan Latheef and Jumhooree Party (JP) MP Hassan Adil.

According to the committee report, other institutions that have provided comment and feedback on the bill are the Ministry of Health, Ministry of Education, Ministry of Finance and Treasury, Ministry of Gender, Family and Human Rights and the Attorney General’s Office.

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High Court upholds decision to detain Faiz on charges of blackmailing Supreme Court Justice

The High Court has upheld the decision made by the Criminal Court on 11 July 2013 to detain Ahmed Faiz of Pink House in Feydhoo, Addu City, on charges of possessing pornographic material and trying to defraud money through blackmail.

Faiz, at the time a prominent member of President Mohamed Waheed’s Gaumee Ithihaad Party (GIP), is accused of allegedly using a sex video of Supreme Court Justice Ali Hameed involved in sexual activities with two women to try and blackmail the judge.

The High Court said Criminal Court warrant number 145-J[MD]2013/6077 orders the Maldives Police Service to hold Faiz in pre-trial detention, as the court believed he may try to eliminate evidence if freed.

The Criminal Court issued the warrant to hold him in detention from 11 July 2013 12:13 pm to 26 July 2013 12:12pm.

The High Court stated that Faiz’s appeal was based on two points: one in which he claimed others involved in the same case had not been arrested, and that the Criminal Court’s decision to detain him in his absence was unconstitutional.

The High Court ruling stated that Faiz was detained on charges of possessing a pornographic video of a person in a senior position in the state, with the assistance of others, and for attempting to extort large amounts of money by blackmailing the victim, and for attempting to sell the video for a price to others.

The High Court said Faiz had a pre-existing criminal record, including the possession of pornographic material.

In reference to the points noted, the High Court ruled there was no legal ground to rule against the Criminal Court’s decision.

Snapshots taken from the video began circulating on social media networks Twitter and Facebook, prompting a police investigation. The police formally notified all relevant authorities including the JSC, the Prosecutor General and President Waheed regarding their investigation into the case.

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