Category: Society & Culture

High Court overturns lower court ruling on Hajj quota controversy

The High Court has overturned a lower court’s ruling on the Hajj quota controversy, in which the Civil Court ordered the Islamic Ministry to reevaluate several unsuccessful bids presented by local Hajj groups offering pilgrimages this year.

The Maldives’ quota of 874 pilgrims was divided among eight companies selected by the Islamic Ministry, while the tenders of Al-manasik Private Limited, Al-fathuh Hajj And Umra Group, Al-Safa Private Limited, Classic Hajj and Umra Private Limited were dismissed.

The Islamic Ministry previously told local media that the proposals were rejected because they had not followed the procedures, but were at first accepted by mistake and later dismissed when the ministry realised the proposals were not compliant.

The High Court ruling issued yesterday stated that if people were allowed to do things in violation of procedures, this would make way for corruption.

High Court Judges Abdul Gany Mohamed, Abdulla Hameed and Shuaib Hussain Zakariyya presided over the case and the bench was chaired by Judge Abdul Gany Mohamed.

The ruling of Abdul Gany dissented from the ruling of the other two judges, which formed the majority opinion.

On April 16, the Civil Court ordered the Islamic Ministry reevaluate the proposals of four groups it previously rejected from arranging Hajj pilgrimages to Saudi Arabia this year for Maldivians.

The lawsuit was first filed at the Civil Court by Almanasik Hajj Group, AlFath Hajj And Umra Group, Alsafa Hajj Group, Classic Hajj and Umrah Group.

Performing the annual Hajj pilgrimage at least once in a lifetime is one of the five pillars of Islam.

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Guesthouse potential thrusts Maldives mid-market tourism into political fray

This story was originally published on travel review site, Dhonisaurus.com

Since the inception of Maldives tourism over 40 years ago, the country has seen the development of more than 100 islands into exclusive resorts which – by focusing on secluded luxury – are almost entirely cut off from local laws and politics.

The potential for expanding mid-market tourism in the Maldives through the “niche” guesthouse segment may emerge as an early election issue after senior opposition and government figures clashed over how best the country’s inhabited islands can profit from visitors.

While the present government has boasted of nearly doubling the number guesthouse business since coming to power in February last year, the country’s opposition unveiled plans to address what it called a “total disconnect” between the lucrative island resort model and local people.

‘Real Maldives’

Beyond the political rhetoric, a growing number of specialist operators have emerged trying to cater to the mid-market demand from tourists looking to experience the ‘real Maldives’ –  a side of the country often unseen due to the prevalence of the lucrative ‘one island, one resort model’.

One such group is Secret Paradise, which this year began offering tourists special packages in North Male’ Atoll and South Male’ Atoll aiming to combine the traditional tourist staples of sunbathing, water sports and diving with authentic Maldives experiences like cooking and eating with local families, or assisting at island schools.

Ruth Franklin, a senior UK business figure who helped develop Secret Paradise with a local partner, said that aside from providing a more authentic travel experience, a key selling point for the business was to provide more affordable holidays for tourists concerned the Maldives was out of their price range.

Franklin added that trying to realise the full potential for mid-market tourism was not without challenges, especially in terms of a tourist’s perception of budget.

“To many travellers, ‘budget’ means a room for US$20 or less a night in many Asian destinations. In the Maldives, budget should be interpreted in relation to the cost of a night on a resort for bed and breakfast. Guesthouses on average start at US$50 verses the cheapest resort at US$250,” she said.

Franklin identified another hurdle in the general lack of information available to tourists about life outside the country’s resorts; from the cost of transportation and the availability of local ferries – which are further limited on Fridays and public holidays – to adhering with local laws and culture on ‘inhabited’ islands. On these islands, drinking alcohol and wearing bikinis are not permitted.

“Our packages are designed to take this into account so that travellers have the option of day visits to resorts, sandbanks and picnic islands where the restrictions do not apply,” Franklin added.

Franklin said that compared to the country’s resort and even safari boat industries, the niche status of guesthouse tourism did grant the segment a unique appeal in the region.

“Independent travel will never be in my opinion as it is in Thailand for example and quite frankly I wouldn’t want it to be. My belief is that local islands should have a set number of tourist beds available that is governed by the Tourism Ministry,” she said.

“Whilst I think it is right to open up the island to tourists to allow travellers to experience local customs and traditions and to help support local economy I would not want to see islands inundated with travellers to the point that the best of the Maldives customs and traditions disappear.”

Franklin suggested that wider success for the guesthouse industry could eventually lead to growing pressure to amend laws relating to alcohol and allowing women to wear bikinis on local beaches as part of a potential trade off for greater economic viability of mid-market tourism.

“Whilst my belief is that alcohol will not and should not be available on local islands there is definitely already a keen interest by guesthouse owners to provide private beach areas for tourists,” she added. “I am not in support of this as I think those guests who stay on a local island should do so to also experience culture and tradition and as ‘guests’ should respect a country’s law and regulations.”

Compromise calls

In December last year, the author of the latest Lonely Planet travel book to focus on the Maldives told Dhonisaurus that compromise would be needed by authorities should they wish to ensure independent travel was viable for a wider number of businesses going forward.

Lonely Planet author Tom Masters said he ultimately believed that local islands could still provide independent travellers with “sufficient attractions”, even within the strictly conservative laws practices outside of the country’s resort islands.

“However, I think only a tiny proportion of potential visitors would be happy to accept such a number of restrictions on their annual holiday, and so if some degree of compromise could be reached on issues such as alcohol or sunbathing, then the number of travellers opting for island tourism over that in an expensive resort would rise enormously,” he said at the time.

“A weakling in need of love and nurturing”

Adrian Neville, a veteran of travel writing in the Maldives previously told Dhonisaurus that beyond the recent political arguments, guest-houses had played a major role in the development of the tourism industry, dating back to their foundation in 1972. However, such properties were abruptly closed for many years as of May 1, 1984.

“This was pretty much directly at the behest of the resort owners for obvious reasons and on the spurious grounds of social problems and the wrong type of tourists,” he said. “Of course, now those wrong types are just fine – now they are not ‘hippies’ but ‘independent travellers’.”

While guest-houses had been reintroduced back in 2008, Neville contended that he was not sure whether the general attitudes of resort owners in the country would have changed much, particularly in terms of supporting the fledgling industry.

“The sector is up and running, but it is a weakling in need of love and nurturing,” he said.

Neville claimed that while there was clear interest in the further development of a guest-house sector to allow independent travellers to take in the Maldives, the country’s long-term segregation of tourists from local communities may also serve to limit the potential.

“There is sufficient interest but it won’t grow quickly until the issue of separation or, most unlikely for the foreseeable future, co-habitation with different lifestyles, is resolved,” he said.

Quality standards

Tourism authorities last year noted that guesthouse demand would likely remain “quite insignificant” when compared to demand for the country’s island resorts.

However, speaking to Minivan News in March this year, Deputy Tourism Mohamed Maleeh Jamal praised the industry as a “phenomenon” that the present administration would look to continue to support.

“The industry is doing well right now in Hulhumale’ [an island situated ten minutes from the capital by speedboat]. I understand major operators are already coming out with their own brochures,” he added.

Despite pledging government support for the industry, Maleeh claimed that it would be vital to ensure that quality standards were maintained across the industry in line with the reputation built up by the Maldives resort industry over the last forty years.

“We don’t want anything unexpected to happen,” he added. With a growing number of domestic airports anticipated to be developed across the country in the coming years, Maleeh said he expected a growing number of guesthouses would be established to meet demand .

“Where there are transports hubs, there will of course be more guesthouses appearing,” he said.

However, Maleeh stressed that the success of mid-market tourism was dependent on making sure that infrastructure was in place to welcome tourists.

“In some of these islands, the infrastructure is just not there; sewerage, drinking water, garbage disposal and 24 hour electricity supplies are needed,” he said. “My main interest is that while any Maldvian can open a guest-housem can we make sure that the customers are there?”

Ahead of presidential elections scheduled for September this year, opposition Maldivian Democratic Party (MDP) candidate Mohamed Nasheed has pledged to promote and support wider guesthouse development as part of efforts to try and aid wider economic growth.

“Having tourists on inhabited islands is not going to result in the community facing any additional detrimental effects that do not already exist. On the contrary, having tourists will empower the islanders to overcome whatever objectionable issues that they may face,” the former president claimed.

“Maldivians will have to open their eyes to outside cultures, and allow for the increase in opportunities for development. In addition to direct employment and income generated by guesthouses, it will also boost other existing island businesses.”

Despite guesthouses seemingly being in vogue as a topic for electioneering, Raki Bench, founder of the guest-houses in Maldives website last year said he was  critical of the role played by the present and former government to develop the industry.

Bench added in recent years, despite previous government commitments to provide more mid-market accommodation for visitors wanting to explore the country’s inhabited islands, further support had been lacking.

“The government has not really been helping guest-houses at all. It is a small sector, but it is showing growth within the wider tourism industry. I don’t see any promotion from authorities,” added Bench.

“I do understand why this is the case. After all what is the point in promoting an industry with a value of US$50 a night when you compare that to what resorts can make.”

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Finance Ministry asks to transfer MVR650 million from development budget to pay government salaries

Finance Minister Abdulla Jihad sought authorisation from parliament yesterday (April 29) to divert MVR 650 million (US$42 million) allocated for infrastructure projects in the budget to cover recurrent expenditure.

Appealing for approval from parliament’s Finance Committee, Jihad revealed that by the end of the first quarter of 2013, offices have exhausted the yearly budget provided for recurrent expenditure, which includes salaries, allowances and administrative costs.

Jihad warned that government offices and independent institutions might be unable to pay wages or utility and phone bills if funds were not transferred from the MVR 1.8 billion (US$117 million) Public Sector Investment Program (PSIP).

“If not we will see people gathered and queuing outside the finance ministry,” Jihad was quoted as saying by newspaper Haveeru.

Responding to Jihad’s request, Finance Committee Chair MP Ahmed Nazim reportedly said he did not believe such a significant alteration to the budget could be approved at the Majlis committee level.

Parliament broke for a one-month recess yesterday at the conclusion of the first legislative session of 2013.

The Finance Ministry meanwhile issued a circular (Dhivehi) yesterday instructing government offices to cancel all overseas trips for the rest of the year with the exception of study tours, training courses and all-expenses covered trips funded by foreign parties.

The decision was approved by the cabinet as an austerity measure to reduce government expenditure, the circular stated.

Earlier this month, the cabinet decided to delay implementation of new development projects financed out of the state budget due to shortfalls in revenue.

Jihad told Minivan News at the time that infrastructure projects that have not yet started would be postponed in an attempt to ease cashflow issues.

The move followed parliament’s rejection of government-sponsored legislation to raise the airport service charge to US$30, which was among a raft of measures proposed by the Finance Ministry in the estimated 2013 budget to raise MVR 1.8 billion (US$116 million) in new income.

Other measures included hiking Tourism Goods and Services Tax (T-GST) to 15 percent from July 2013 onward, leasing 14 islands for resort development, raising tariffs on oil, introducing GST for telecom services, and “selectively” reversing import duty reductions.

Jihad told local media following the defeat of the bill to raise the departure tax on outgoing foreign passengers that the revenue raising measures were necessary to manage the state budget.

He confirmed to Minivan News at the time that the government was in the process of formulating a supplementary budget to be put before parliament.

Recurrent expenditure

Jihad meanwhile told MPs on the Finance Committee yesterday that the proposed transfer of funds out of the development budget was necessary before a supplementary budget could be submitted.

“If we do not do this we will not be able to manage the budget at all in the coming days,” he said.

Jihad contended that funds under the budget code for recurrent expenditure were running so low because parliament passed the proposed budget with large cuts to that item.

The Budget Review Committee headed by MP Gasim Ibrahim of the government-aligned Jumhooree Party (JP) approved omissions to reduce the budget from MVR 16.9 billion (US$1 billion) to MVR 15.3 billion (US$992 million).

The budget items that the committee made cuts to included overtime pay (50 percent), travel expenses (50 percent), purchases for office use (30 percent), office expenditure (35 percent), purchases for service provision (30 percent), training costs (30 percent), construction, maintenance and repair work (50 percent) and purchase of assets (35 percent).

The committee also instructed the Finance Ministry to reduce an additional MVR 605.7 million (US$39.2 million) from office budgets.

However, the committee added MVR 389 million (US$25.2 million) for infrastructure projects such as harbours, sewerage and water for islands.

Executive authority

Speaking at a function yesterday to inaugurate a Health Trust Fund, President Dr Mohamed Waheed suggested that the present financial constraints on the state was the result of Majlis allegedly abrogating executive powers.

President Waheed claimed that parliament had removed funds allocated for repair work in the budget.

“It has been cut [from the budget]. But equipment still has to be repaired even by transferring [funds] from another budget line. But the finance minister does not have the flexibility to do that as much as he used to have. It is done under the supervision of the Finance Committee,” he said.

The government was consequently facing difficulties in providing essential services to the public, Dr Waheed said.

The president and his cabinet were vested with the authority to run the government by both the constitution and voting public, he observed.

The present situation was however the result of “others trying to run the government” instead of the executive, he contended.

“I think that suffices for what I have to say,” Dr Waheed said.

Meanwhile, MP Abdulla Yameen, presidential candidate of the Progressive Party of Maldives (PPM) – the largest party in Dr Waheed’s ruling coalition – reportedly said at a ceremony last night that it would be difficult to accomodate the government’s request to reallocate MVR 650 million for recurrent expenditure.

Professional opinions

In December 2012, the Auditor General’s Office and the Maldives Monetary Authority (MMA) submitted professional opinions on the US$1 billion budget proposed by the Finance Ministry.

The central bank warned that the projected deficit in the 2013 budget was likely to adversely affect the foreign exchange market and foreign currency reserves while the Auditor General’s Office expressed concern with formulating the PSIP without either a national development plan or population consolidation policy..

Auditor General Niyaz Ibrahim observed that of the estimated MVR 12 billion (US$778 million) of recurrent expenditure, MVR 7 billion (US$453.9 million) would be spent on employees, including MVR 743 million (US$48 million) as pension payments.

Consequently, 59 percent of recurrent expenditure and 42 percent of the total budget would be spent on state employees.

“We note that the yearly increase in employees hired for state posts and jobs has been at a worrying level and that sound measures are needed,” the report stated. “It is unlikely that the budget deficit issue could be resolved without making big changes to the number of state employees as well as salaries and allowances to control state expenditure.”

The Auditor General’s Office contended that “major changes” were needed to right-size the public sector and “control the salary of state employees and expenditure related to employees.”

The report observed that compared to 2012, the number of state employees was set to increase from 32,868 to 40,333 – resulting in MVR 1.3 billion (US$84.3 million) of additional expenditure in 2013.

This anticipated increase included 864 new staff to be hired by the Maldives Police Service (MPS) and Maldives National Defence Force (MNDF), the report noted.

In light of “existing inefficiencies” in the state, the Auditor General contended that hiring more staff for various independent institutions would be “a waste of public funds” as it would divert resources from service provision and development projects.

“Moreover, we note that increasing the number of employees would lead to an increase in office expenses and expenditure on employees’ retirement and pensions, decrease the number of people left to do productive work in the private sector (decrease the labour force), and slow the growth of the country’s economy,” the report stated.

Details of the state’s wage bill included in the report showed that MVR 187 million (US$12 million) was budgeted as salaries and allowances for 545 political appointees in 2012.

In addition, MVR 1.98 billion (US$128.4 million) was to be spent on 18,538 civil servants; MVR 999 million (US$64.7 million) on 6,244 police and army officers; MVR 362 million (US$23.4 million) on 1,455 elected representatives and attendant staff; MVR 485 million (US$31.4 million) on 3,372 employees of independent institutions; and MVR 345 million (US$22.3 million) on 2,714 contract staff.

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One dead and three injured in boat collision near Holiday Inn resort

One man has died and three others were injured following a high-speed boat accident between a fishing vessel and Holiday Inn Resort Kandooma Maldives speedboat on the evening of  April 28.

At approximately 8:00pm a fishing dhoni – from neighbouring island Guraidhoo – entered the resort’s channel and collided with a Kandooma resort recreational speedboat.

The dhoni did not have properly functioning navigation lights, however the speedboat was traveling “very fast”, a source familiar with the incident told Minivan News today (April 29).

“The fishing dhoni was badly damaged and will probably sink, however the speedboat did not appear damaged,” said the source.

During the accident a crew member from the dhoni “fell off the boat and was missing”, police reported.

Two divers and security personnel from Kandooma resort were dispatched following the accident to search for the missing crew member, Ali Abdulla, a 37 year-old from Guraidhoo island in Kaafu Atoll.

The rescue team found Abdulla under water in the Kandooma resort lagoon around 9:15pm, according to police.

“The area is not deep, six or seven meters, however it was very dark. The man was found bleeding from the nose and mouth,” explained the source.

“He also had serious injuries above the neck, behind the head and a small chest injury was also visible.

“The rescue team tried to revive him by performing CPR and giving him oxygen from a scuba cylinder while in transit to Maafushi,” the source added.

Abdulla was taken to the Maafushi Island Health Center, where he was pronounced dead on arrival.

Three other individuals sustained injuries, including a hand fracture and other “minor injuries”, said police.

The Maldives marine police are investigating the case.

Holiday Inn Resort Kandooma Maldives General Manager Chris Batterham expressed the resort’s concern about the incident to Minivan News today.

“The health and safety of our guests, employees, and the community in which we live is of the utmost concern. This is a very tragic accident and our thoughts and prayers are with everyone involved. The resort is assisting the family of the deceased at this difficult time,” said Batterham.

“We are assisting the police with their ongoing investigation and cannot comment further at this time,” he added.

Recent incidents

In February this year an oil tanker and a speedboat on its way to Male’ from One and Only Reethirah Island Resort collided, killing Dhaudh Mohamed, 28, from the island of Kulhudhufushi in Haa Dhaalu Atoll.

According to local newspapers, some of the passengers aboard the speedboat were critically injured and one passenger was reported to have been paralysed.

Newspaper ‘Haveeru’ alleged the captain of the speedboat was asleep when the accident took place. The paper reported that the captain of the speedboat was arrested.

The police reported two separate boat collisions on January 3, 2013, the first of which occurred near the T-Jetty and the second at the airport ferry terminal, both in Male’.

Both collisions involved ferries operated by Maldives Transport and Contracting Company (MTCC), which today announced that it would not be reviewing its current operations, instead favouring increased staff training.

In December 2012, a collision between two speedboats left a Finnish tourist dead and nine other people injured.

The collision occurred between an express speedboat service to the island of Hulhumale’ – which is located near to the capital of Male’ – and another vessel belonging to the Bandos Island Resort and Spa property.

The incident led to the temporary suspension of an express speedboat service between Hulhumale’ and Male’ operated by the Maldives Transport and Contracting Company (MTCC).

In November 2012, three passengers were injured in a collision at sea between two speedboats near the island of Fonadhoo, located next to the capital Male’.

According to police, a speedboat en route to Club Rannaalhi Resort from the airport collided with a Maldives Transport and Contracting Company (MTCC) vessel travelling from Male’ to Hulhumale’ around 10:30pm.

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High Court appeal of 15 year-old rape victim’s sentence begins

The High Court appeal case for a 15 year-old rape victim sentenced to flogging and house arrest after she was found guilty of fornication began today (April 29).

The 15 year-old was convicted of premarital sex at the Juvenile Court on February 26 and sentenced to 100 lashes and eight months of house arrest, after confessing to fornication with another man. The confession was made during a separate investigation which was launched following the discovery of a dead baby buried in the outdoor shower area of her home.

The High Court trial that began today (April 29) was not open to the public, as the presiding judge exercised the authority to exclude the public “where the interest of juveniles or the victims of a crime so require”, as stated in Article 42 of the Constitution, according to local media.

High Court media official Ameen Faisal told local media that the Human Rights Commission of Maldives (HRCM) had also intervened in the case.

The victim’s state-appointed attorney filed the appeal with the High Court on April 1.

At the time, former Attorney General Aishath Azima Shukoor told local media the case had to be appealed because the Juvenile Court had taken statements from the witnesses in violation of procedure.

Shukoor also said the Juvenile Court ruling was in violation of Islamic Sharia as it had not considered psychological reports produced to the court.

Additionally, the child’s defence claimed her testimony was taken in violation of constitution and the charges against her were filed in violation of criminal procedure.

Sources from the girl’s island of Feydhoo in Shaviyani Atoll previously told Minivan News that concerns had been raised by islanders since 2009 that the minor was allegedly the victim of sexual abuse not just by her stepfather, but an unidentified number of other men on the island.

In June 2012, the girl gave birth to a baby which was later discovered buried in the outdoor shower area of her home. Her stepfather was later charged with child sexual abuse, possession of pornographic materials and committing premeditated murder. Her mother was meanwhile charged with concealing a crime and failing to report child sexual abuse to the authorities.

Council heads and senior civil society figures have slammed the judiciary, state authorities and welfare groups over their systemic failure to protect the 15 year-old girl.

Sentencing controversy

The 15-year-old’s case has brought international attention to the Maldives’ legal system, including the launch of an online Avaaz.org petition signed by over two million people that has threatened to put pressure the tourism industry. The sentencing of the minor has also come under high-profile public criticism from British multi-billionaire Sir Richard Branson, founder of the Virgin group of companies.

President Mohamed Waheed Hassan Manik’s government previously criticised the verdict, pledging earlier this year to review the use of flogging as a punishment for sexual offences – a practice it alleged in some cases actually serves to punish victims of rape and abuse.

Following the Juvenile Court’s ruling in February, Waheed stated on his official Twitter account: “I am saddened by the sentence of flogging handed to a minor. Govt will push for review of this position.”

However, the religious Adhaalath Party (AP) – which largely makes up the ranks of the Islamic Ministry and with which President Waheed’s Gaumee Ithiaad Party (GIP) entered into a coalition in March – endorsed the sentence.

“The purpose of penalties like these in Islamic Sharia is to maintain order in society and to save it from sinful acts. It is not at all an act of violence. We must turn a deaf ear to the international organisations which are calling to abolish these penalties, labeling them degrading and inhumane acts or torture,” read a statement from the party.

“If such sinful activities are to become this common, the society will break down and we may become deserving of divine wrath,” the Adhaalath Party stated.

Inadequate child protection measures

A Maldivian children’s rights NGO recently criticised child protection measures currently in place as “inadequate”, while urging government authorities to incorporate several key human rights obligations into domestic law.

NGO Advocating the Rights of Children (ARC) told Minivan News earlier this month that although the Maldives has signed and agreed to be legally bound by the provisions in the Convention on the Rights of the Child (CRC) and its Optional Protocols, the commitments have yet to be adopted into law.

ARC claimed that provisions outlined in the CRC had not been fully adopted by the state into domestic legislation, thereby limiting the promotion and protection of child rights.

“The recent case of a 15-year old girl, whose rights were violated and abused by her stepfather is a clear example of how domestic judicial and legal mechanisms failed to address and rectify the violation over a substantial period of time, at different levels,” ARC said.

“This is a situation where an individual complaint to the UN Committee could hold the government accountable even if the ‘domestic remedial system’, including judicial and legal mechanisms, fail to address the issue of abuse.

“Ratifying this optional protocol will help protect the rights of children as it could help reduce the number of cases in the Maldives where a lack of legislation, clarity and commitment to international human rights law allow serious injustices to proliferate,” ARC added.

Meanwhile, neglect and abuse of children were reported to have increased to an “alarming level“, compelling the the Maldives’ Ministry of Gender, Family and Human Rights to submit an amendment (April 7) that would transfer parental guardianship of children in cases of negligence.

Earlier this year, ARC called on the Maldivian government to pass legislation concerning the treatment of sexual abuse victims. The NGO also raised concerns over the potential impact on the state’s ability to prevent sexual offences following reductions to the state budget approved by parliament in December 2012.

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Senior Customs officials summoned to parliament in connection with Arthur brothers

The Parliament’s Government Oversight Committee has summoned the Commissioner General of Customs Department Mohamed Ashwan and other senior officials of Customs Department over a matter concerning the Artur brothers.

Earlier in April pictures of Artur brothers with the Tourism Minister Ahmed Adheeb and Defence Minister Mohamed Nazim emerged on the social media.

The ministers denied involvement with the infamous brothers, who are linked with drug trafficking, money laundering, raids on media outlets and other serious crimes in Kenya.

The committee meeting was closed to the public and the media following a request made by the customs department.

According to newspaper Haveeru, four officials from the customs department appeared before the committee.

Haveeru reported that the officials were summoned to clarify the nature of goods imported to the Maldives by the Arthur brothers,  and to find out what were the suspicions against them.

In a previous meeting held with senior customs officials, Ashwan reportedly told the MPs that the matter was a “very dangerous case” and that he would provide all the details in a closed meeting as there were Maldivians involved in the matter.

Photos of the Arturs in the company of the two Maldivian ministers emerged on social media, apparently taken during the Piston Motor Racing Challenge held on Hulhumale’ between January 25 and 26.

A letter from the Tourism Ministry to immigration authorities requesting a residency visa for Margaryan and Sargayan Artur, dated January 27 and signed by Adheeb, was subsequently leaked on social media.

A company named ‘Artur Brothers World Connections’ was registered in the Maldives in October 2012, with the Artur brothers holding an 80 percent share in a 61-19 percent split.

French nationals identified as Godzine Sargsyan and Edga Sargsyan had a 10 and 7 percent share, while a Maldivian national Ismail Waseem of H. Ever Chance was listed as holding the remaining 3 percent.

Waseem’s share was subsequently transferred to Abdulla Shaffath of H. Ever Peace on November 25.

Police have meanwhile issued a statement asking for public assistance in locating one of the Artur brothers, Godzine Sargsyan.

Police said Godzine was a French national who came to the Maldives under the passport number 10CZ05238.

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Adhaalath Party accuses Nasheed of misleading Danish audience on extremism in the Maldives

Additional reporting by Ahmed Nazeer

The Adhaalath Party has issued a statement condemning former President Mohamed Nasheed’s comments on Islamic radicalism during an address in Denmark.

During his address, Nasheed stated the Maldivian population had largely rejected Islamic extremism, and, in a veiled reference to the Adhaalath Party, noted that “the Islamists were never a credible electoral threat.”

“ The Islamic extremists also didn’t like the Maldives’ new democracy because they were unpopular. They failed to win the Presidential elections in 2008, they failed to win local government elections – in 2011 they won less that four percent of the vote. But now, after the coup, extremists have been rewarded with three cabinet positions in government, and in many ways set the tone of government communications. They are busy trying to indoctrinate people with a misguided version of Islam,” Nasheed said.

“Nasheed misled them about the party he fears and envies most: the Adhaalath Party,” the party responded in a statement. “Nasheed knows very well that the Adhaalath Party is not a party that has no power and influence, unlike what he said in Denmark.”

The party accused Nasheed of “placing idols” in Maldivian lands – a reference to the SAARC monuments gifted to the country by other South Asian nations during the 2011 SAARC Summit hosted in Addu Atoll – and of “giving our assets to foreigners” – a reference to the concession agreement to manage and upgrade the international airport granted to Indian firm GMR.

In his address, the former President acknowledged that there was “a lot of xenophobia, Islamic rhetoric and intolerance going on in the Maldives”, and noted the destruction of 12-century Buddhist statues, manuscripts, and other evidence of the Maldives’ pre-Islamic history.

“There is idea of wanting to return to Hejaz at it was in the 7th century. This is Wahabism in principle. And it is difficult and worrying,” Nasheed said.

“The vast majority of our society are very tolerant people. If all this Islamist rhetoric is removed from official discourse, there will be a much more liberal society. I assure you the rhetoric will be removed from official discourse,” he said.

The Adhaalath Party meanwhile expressed astonishment “that there are a few Maldivians joining [Nasheed] in his work to get another chance to brainwash the Maldivian people. God willing Mohamed Nasheed will not be able to come to power ever again,” the party said.

Nasheed’s address at Copenhagen university:

http://www.youtube.com/watch?feature=player_embedded&v=bLZMKv6PPhs

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Parliament’s Penal Code Committee to summon Sheikh Ilyas for “misleading public”

Parliament’s committee responsible for the new Penal Code has decided to summon Chair of Adhaalath Party Religious Council and a member of Maldives Fiqh Academy, Sheikh Ilyas Hussein.

The committee decided to summon Ilyas on the grounds that he had made ‘’misleading’’ comments suggesting that the purpose of the penal code was to “destroy the religion of Islam”.

The decision was made during last Thursday’s meeting. During the meeting, Maldivian Democratic Party (MDP) MP Nazim Rashad proposed that the committee summon Ilyas to clarify doubts he may have regarding the Penal Code and to clarify how much the Penal Code incorporated the principles and penalties in Islam.

According to local media, on March 22, Sheikh Ilyas held a religious sermon dubbed ‘Purpose of Islamic Shariah’ at the Furuqan Mosque after Isha Prayers, and there he swore to God that the Penal Code was made to destroy the religion of Islam.

Speaking to Minivan News today, the Chair of Penal Code Committee MDP MP Ahmed Hamza said the committee had asked the parliament secretariat to send notice to Sheikh Ilyas to produce himself before the committee on Tuesday.

“He has told the public that there are some provisions in the Penal Code that are not in it,” Hamza said. “We want to bring him in and have a chat and inform him about the provisions that are there in the Penal Code.”

Hamza said the Penal Code included provisions stating that theft and fornication were crimes.

“It also has a provision on flogging,” Hamza added.

Local media reported that during the sermon, Ilyas had declared that the Penal Code did not have penalties for fornication, theft, corruption, forgery or robbery, and if a person commits a crime while intoxicated, the person is not subject to punishment. He also claimed that according to the new penal code, it was not a crime for two people to have consensual sex.

Ilyas declared that the Penal Code was “a trap made by the West” to erase Islam in the name of Muslims, and vowed that he was ready to argue the point even if all the country’s lawyers came out against him.

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Flogging of 15 year-old “tip of the iceberg” of Maldives’ treatment of sex offences: Amnesty’s South Asia Director

The high-profile case of a 15 year-old girl sentenced to flogging in the Maldives after confessing to having had consensual sex is the “tip of the iceberg” in terms of the country’s treatment of victims of sexual offences, Amnesty International’s South Asia Director Polly Truscott has said.

Following a nine day visit to the country, Truscot told Minivan News that other sexual abuse victims were believed to have had suffered similar treatment under the law as a result of systematic institutional failures.

“Right now, all departments charged with the girl’s welfare are finger pointing and passing the blame,” she said. “But we have met others incarcerated in the country in similar circumstances to this girl.”

“Tip of the iceberg”

Truscott said she had identified serious concerns during her visit as to how young girls and other victims of sexual assault were being treated by authorities.

Truscott raised particular concern over the case of the 15 year-old charged with fornication, after she reportedly admitted to authorities of having “consensual sex” with an unidentified man during investigations into her alleged sexual abuse by her stepfather.

“When this alleged crime was committed, Amnesty was approached by many people asking us to look into the matter. We believes she should not be punished for sexual offences. It is questionable if the girl was also aware as to what she was consenting to,” she said.

Truscott claimed that officials involved in the girl’s care – from the law enforcement team who questioned her, to child protection authorities – had “all failed” in their duties to protect the 15 year-old.

The girl’s case has garnered international attention over the last few months, with over two million people signing a petition on the Avaaz website pledging to target the Maldives’ lucrative tourism industry in order to pressure authorities to drop the charges against the 15 year-old and pursue wider legal reforms to prevent similar cases.

Deputy Tourism Minister Mohamed Maleeh Jamal last month slammed what he called the“dubious” motivations behind the petition, alleging the campaign to be “politically motivated”.  He also noted that the Waheed administration had already appealed the case and also pledged to oversee legal reforms.

Truscott said the NGO also remained “disappointed” over a lack of progress by Maldivian authorities in addressing a lack of accountability in punishing the perpetrators of high-profile attacks on media personnel, as well as allegations of excessive police force.

Despite welcoming progress in areas such as allowing for greater media freedoms “over the last 10 years”, she yesterday (April 24) told Minivan News that the NGO continued to hold concerns over the state’s commitment to addressing several human rights issues.

At the conclusion her visit, Truscott said the NGO also held significant concerns regarding judicial independence, as well as wider institutional failures to protect rape victims.

“Enormous progress”: government

Following a meeting between Truscott and President Dr Mohamed Waheed on Wednesday, the government issued a press release stating: “Regional Director Prescott noted the enormous progress made by the Maldives in the fields of human rights, and freedom of assembly and speech.”

Truscott told Minivan News she had raised concerns during her meeting with President Waheed that not enough progress had been made to investigate allegations of “excessive force” by police officers against members of the public following the controversial transfer of power on February 7, 2012.

“I understand that a few cases have been brought forward by prosecutors, but after a year, this [amount of cases] is disappointing. I had also pressed upon the president the need to bring perpetrators to justice. There is important progress to be made here,” she said.

Media freedom

Addressing the government’s official statement on Amnesty’s findings, Truscott said the NGO believed progress had been made in some areas such as media freedom over the last 10 years.

However, she noted serious attacks over the last 12  months on media such as blogger Hillath Rasheed and reporter Ibrahim ‘Aswad’ Waheed. Both men underwent life-saving surgery after being the victims of separate violent attacks in the capital over the last 12 months.

Amnesty International also pointed to concerns over the murder of MP Dr Afrasheem Ali. Truscott said the country was yet to see any meaningful investigations into ensuring justice for the victims of the attacks.

The courts are currently hearing the cases of several suspects charged in connection to Dr Afrasheem’s murder.  Suspects have also been questioned over Aswad’s attack.

However, suspects have yet to have been charged over the attack on blogger Hilath Rasheed in July 2012, when a group of alleged Islamic radicals slashed the throat of the blogger who had been campaigning for religious tolerance.

Rasheed narrowly survived the attack and has since fled the country.

“From having walked the streets here in Male’ I have seen [security] cameras about. But action seems to have been limited,” Truscott said of the case.

Penal code

Legal reforms were another area of concern raised by Amnesty International following its Maldives visit.  Particular attention was drawn to reviews for an amended Penal Code within the country that would allow for the prosecution of offences not presently accounted for.

While at the same time addressing the government’s stated pledges to review the use of punishments such as flogging, Truscott warned against what she called a “move backwards” over the Maldives’ commitments against the use of the death penalty.

“Obviously, Amnesty International is completely against the death penalty,” she said.

Truscott claimed that the recent drafting of any new bills outlining implementation for executions, even in practice, was deemed as a human rights violation.  She said there was no research concluding that executing criminals served as an effective deterrent for serious crimes.

Truscott added that with the draft Penal Code also including provisions that would leave applying the death sentence to the discretion of an individual judge, the whole purpose of codifying laws would be undermined should the bill be passed.

She noted this was a particular concern when considering the recent findings of various international experts such as  UN Special Rapporteur on the Independence of Judges and Judiciary, Gabriela Knaul over 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 added.

Visit purpose

Truscott said that Amnesty International’s main purpose during its visit had been to meet with key state officials as well as other stakeholders.

She noted that while having met with senior officials such as the president and Gender Minister, the NGO had not been able to arrange discussions with Police Commissioner Abdulla Riyaz or Home Minister Dr Mohamed Jameel Ahmed during the visit.

Dr Jameel told Minivan News today that he had been busy at the time of Amnesty International’s request to meet, but had since requested his office to follow up and try and set up talks.

Police Spokesperson Chef Inspector Hassan Haneef was seeking clarification as to whether Commissioner Riyaz had received a request to meet the NGO at time of press.

Amnesty criticism

In September last year, Home Minister Jameel criticised Amnesty International in local media for failing to seek comment from the government when compiling a previous report on the country entitled: “The other side of Paradise: A Human Rights Crisis in the Maldives”.

“They had not sought any comments from the Maldives government. I’m extremely disappointed that a group advocating for fairness and equal treatment had released a report based on just one side of the story,” Jameel told newspaper Haveeru at the time.

Meanwhile, just last month, Human Rights Ambassador of the President’s Office “Sandhaanu” Ahmed Ibrahim Didi accused Amnesty International of “fabricating stories about the human rights situation in the Maldives” and of releasing reports about the Maldives without conducting any studies.

Truscott’s comments were made as preliminary observations following her research visit to the Maldives that commenced April 16.  The NGO has said it will be releasing an official statement on its findings later today.

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