Criminal Court sentence drug lord to 25 years for trafficking cannabis

The Criminal Court has sentenced 43 year-old Ahmed Rasheed, of Always Happy House in Male’, to 25 years in prison after finding him guilty of trafficking cannabis into the Maldives.

Rasheed was arrested by police in May 2012 during a police effort to uncover a drug network operating in the Maldives.

The court said police arrested Rasheed on May 2, 2012, at 7:15 pm in an operation conducted following intelligence that Rasheed was in possession of drugs.

According to the Criminal Court, police located Rasheed inside a teashop called ‘Sai Hotaa’. When Rasheed saw the police officers, he pulled out a plastic can that contained illegal drugs and threw it away.

The Criminal Court said that an additional eight cans and a plastic bag containing illegal drugs were discovered inside a locker belonging to Rasheed.

The court said a total of 1152.51 grams of cannabis were discovered.

The Criminal Court has also fined Rasheed MVR 100,000 (US$6500) and ordered him to pay it within a month.

The Police Drug Enforcement Department (DED) busted the large drug network they allege revolved around a 56 year-old man working on the cargo vessel ‘MV Reina’ in May 2012.

The main suspect in the case was arrested when he arrived to the Maldives from Tuticorin in India.

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Civil society criticises Home Ministry for decision to dissolve 70 percent of NGOs

Additional reporting by Mohamed Naahii

The Ministry of Home Affairs is facing criticism for publically announcing the dissolution of nearly 1300 non-governmental organisations (NGOs) without notification or supportive mechanisms.

State Minister for Home Affairs Abdulla Mohamed announced Tuesday (March 18) that the ministry will dissolve approximately 1300 of 1843 nationally registered NGOs – 70 percent – because they failed to submit annual reports or elect executive committees, local media reported.

Mohamed said that only around 200 NGOs had submitted the required documents and are functioning in accordance with the law.

He added that the announcement was made to the media and published in the government gazette.

“We had to make this decision because for ages the tradition was to register as many NGOs as possible. There is no tradition to dissolve or abolish NGOs.

“On average, four to five NGOs are registered on a weekly basis. But NGOs do not function as they should. If that is happening then NGOs need to be dissolved,” stated Mohamed.

The Maldives NGO Federation told Minivan News they have received complaints from NGOs that they were not informed prior to Minister Mohamed making this public announcement via the media.

“The Home Ministry should have informed these organisations directly and given them an opportunity to resolve their issues within a certain time period,” stated NGO Federation Vice President Imad Mohamed.

“These island-based associations are not aware of what is happening, some do not have access to the media – internet or television. Additionally, some atoll and island councils did not inform NGOs based on the islands.

“I am not able to comment on legal issues at the moment, but any NGO should be dissolved according to the law and due process should be followed. We will discuss this issue with the Registrar and will voice the NGOs’ concerns,” Imad added.

The need for clearer government regulations to protect NGOs from state interference was emphasised in the Comprehensive Study of the Maldivian Civil Society report, issued by the United Nations Development Programme (UNDP) in 2011.

The report highlighted the need to “introduce clear procedures specified for the state’s investigation of alleged or suspected cases of illicit or unconstitutional activity and for the de-registration of a civil society organisation (CSO)”.

It also discussed the need to develop clear standards for annual reports and timely (positive and negative) feedback to help improve the quality of reporting.

Key recommendations were to clarify “the powers, responsibilities and the limits of power of the Registrar of Associations [currently the State Minister for Home Affairs], and ensure the post is not politically appointed”.

“[Also] ensure that any allegations against CSOs of unconstitutional or illicit activities by any agency of the state require evidence and are not based on arbitrary state decisions.

“Moreover, the process should follow those of a fair hearing. The [Associations] Act should specify the protections for CSOs from exercise of arbitrary state power,” the report reads.

The Associations Act of 2003 is the current regulatory framework for associations in the Maldives. It states that either two years or repeated faults – including anti-Islamic actions or conducting political activities – are grounds for dissolution by the Registrar of Associations.

However, de-registration can only by conducted “after giving a period to settle debts and properties of the association”.

Civil society politicised

Mohamed also stated that some island council’s complained that actions – political work – by certain NGOs have caused chaos in society.

Imad explained that island-based NGOs are often politically labelled by the island councils who feel their power is threatened, because these organisations often focus on awareness and advocacy activities, as well as fill critical service gaps to meet community needs.

“NGOs play a different role in society, they promote democracy, human rights and good governance. Island councils feel that these NGOs are against them.

“Some island councils are not able to meet the expectations of the public, so NGOs are meeting these needs instead. This creates a conflict,” said Imad.

Imad emphasised that most of the NGOs facing dissolution are objective, island-based and not conducting political activities, however they are in need of capacity building.

Often island-based NGOs are run by all volunteer members who work full time, have extensive family obligations, and may engage in political activities separate from their community development work. However, the distinctions between public, private, and family life are frequently overlooked.

“It is true that some organisations do get involved in political activities and this is a current challenge for the sector to overcome. Additionally, there are inactive NGOs registered for various purposes,” stated Imad.

“However there are also quite active NGOs, but they are not good with internal management.

“The Home Ministry is only regulating and dealing with registration, they are not fulfilling a facilitation role to assist these organizations. The Home Ministry should be playing a facilitation role as well,” he added.

The UNDP study also recognised the challenges NGOs face at the island level.

“CSOs need to be made aware of their role not only as partners of local government but also of their watchdog functions in ensuring that the government is held accountable for the governance of their administrative areas,” reads the report.

Funding shortages

Mohamed said the government budgeted 10 million Maldivian rufiyaa (MVR) for dispersal “depending on the proposals it receives from NGOs to carry on its projects”.

“When we look to support NGOs with financial assistance, we don’t have the funds to give to 1843 NGOs. We face a lot of challenges following that,” Mohamed explained.

“The ministry needs criteria for disbursing funds, then I can discuss this issue,” Imad responded.

The UNDP study found that “ NGOs are not active mainly due to a lack of managerial and project implementation capacity, as well as a lack of legal framework and availability of funds”.

A larger number of NGOs are based in the atoll islands and tend to be “more responsive to a community’s broader and changing set of needs”.

Whereas, Male’ based NGOs are issue specific and have more readily available access to resources.

“The efforts of CSOs to raise their own funds through membership fees and other efforts should be commended,” reads the report.

The Ministry of Home Affairs was not responding to calls at time of press.

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Student protest shuts down school over teacher shortage

Students prevented teachers from entering Rathafandhoo Island School in Gaafu Dhaalu Atoll on Monday, shutting the school for the day in protest over a three month teacher shortage.

Tenth grade students have been without an accounting teacher since January, despite the school sending a request to the Ministry of Education immediately after the position became available.

“Half the tenth grade students created problems by preventing teachers from entering the school. They were demanding an accounting teacher to be provided,” Rathafandhoo School In-Charge and teacher Thasneema Shakir told Minivan News.

“We have been without an accounting teacher since the second week in January. The [education] ministry was informed in January; the documents requesting a new teacher were sent,” said Thasneema.

“They said the request was being processed. I think it’s a big process they have to undertake,” she added.

Thasneema explained that policy guidelines dictate each subject has to have a specific teacher, and so while the school has been waiting for an accountancy teacher, the class has been taught by commerce and economics teachers.

“They are doing their best, but are not qualified and are facing difficulties. Students have been complaining they cannot teach accounting well,” she stated.

According to Thasneema, the Education Ministry informed the school today (March 18) that a replacement accounting teacher would be sent tomorrow.

Systemic education shortcomings

Teacher shortages, lack of qualifications and training are some of the systemic education system problems former Education Minister Shifa Mohamed and former Education Minister Dr Musthafa Luthfee previously discussed with Minivan News.

“Even for basic education we are still struggling with the teachers at the middle school and secondary level,” Shifa stated.

“There are not enough local [Maldivian] teachers. Close to 70 percent of teachers from middle school onwards are Indian expatriates. The ministry spends a huge amount of money on these foreign teachers,” she added.

Shifa explained how the lack of training opportunities for local teachers negatively affects how the curriculum is taught and that it prevents students from developing critical thinking skills.

“Critical thinking skills are lacking generally. Creative thinking is very minimum within classrooms, because there is a very rigid form of teaching going on.

“Teachers are not very familiar with curriculum. The main thing is that there is no proper assistance given for teachers and opportunities for teachers to develop themselves,” Shifa said.

She also explained how these shortcomings are compounded by poor management and lack of community involvement.

“School middle management has a lot of influence and what they’re doing within the schools is something that has to be changed. They exert very strong control over what teachers are really teaching students from the curriculum during ‘coordination’ meetings.

“Instead of really looking at things at a broader angle and trying to help the kids, they simply talk about what going to do on which date, etc. They don’t concentrate on literacy, creative writing, and the things that need to be really focused on.

“The teachers blindly follow what middle management and leading teachers say. I don’t blame them because they don’t have required amount of training on some of the islands,” Shifa said.

The lack of parent involvement in school boards and parent teacher associations compounds these issues. School board guidelines were issued under Nasheed’s government as a broad way for parents to be involved in all aspects of their children’s education, however this opened the schools up to public criticism, according to Shifa.

“In a democratic country people should be more engaged and one method is through community involvement in schools.

“While some principals did a great job working cooperatively, others really violated whole thing and didn’t even nominate people.

“Some principals are really scared of opening up schools, because for them its their own secure territory. They can easily manipulate the community,” Shifa stated.

Shifa stated the education system reforms undertaken during former President Mohamed Nasheed’s government, as well as by her predecessor Dr Musthafa Luthfee, would be taking effect now if President Waheed Hassan Manik’s government had continued them.

She explained that in 2008 – following former President Maumoon Abdul Gayoom’s 30-year autocratic rule – the government took responsibility for 323 schools.

“It was a good decision, but was a huge budgetary strain. The education system was decentralised, the province units were very effective, a huge amount of money was invested in infrastructure renovations to provide healthy water and toilets, and teachers were more closely observed.

“Unfortunately, Waheed’s government has doubled down and re-centralised,” Shifa claimed.

Luthfee echoed these sentiments in previous discussions with Minivan News.

“Maldives school education will continue to improve if the current administration goes along with the policy guidelines put in place by the Maldivian Democratic Party (MDP) government.

“When we were in the government we did several things to improve education. They included establishing single session schooling, providing service training for teachers, enhancing educational management, decentralization of education supporting private higher education and establishing Maldives National University (MNU),” said Luthfee.

Shifa further detailed how education problems were not discussed among the public, therefore they “don’t really grasp the huge implications this has on society”.

“For a long time during Gayoom’s 30 years everything was very quiet, because you cannot simply express yourself. When you don’t have the opportunity to express yourself, who cares to think about something you should not be thinking about.” Shifa said.

“Over the years political figures go to schools and promise certain resources. This has become both a means of getting something for the schools and a campaign tool. Prize giving day [for students] should not become a political thing.

“Under Gayoom and in the past governments have used this very well to manipulate and get the votes for each election,” she added.

Shifa emphasised that politicising education is an ongoing problem and the sweeping reforms put in place under the previous government would have addressed many of the systemic problems preventing students from receiving a quality education. However, she has not seen any of these programs continued.

Additional shortcomings

Shifa highlighted a number of other training and policy programs previously implemented to ensure that school quality standards were met, teacher training opportunities are provided as well as vocational and higher education opportunities existed for students.

The initiatives include a teacher licensing program through the College of Open Learning, the Excellent ‘Baraabaru’ Schools Program, and the Skills ‘Hunaru’ Training Program.

“These programs would have taken the budgetary strain off government and ensured local teachers are adequately trained to administer a diverse education,” stated Shifa.

“Under the Baraabaru Program, seven principles for evaluation must be met, so schools and teachers understand that their job is not only teaching, it is building good well-rounded, model people, of quality character.

“We gave 150 million for the Hunaru Program, which was the most huge amount of money we allocated for any program in the nation in many years. This talent program was totally for youth development, not infrastructure,” Shifa said.

She further explained the program would have provided higher educational and vocational training for youth in any sector, thereby minimizing the need for foreign workers, both skilled and semi-skilled.

Shifa emphasised she was “very concerned” with the assessment efforts made by teachers, primarily because their current focus is on exams.

“We need to change teachers’ perceptions to let them know assessments and exams are for the sake of learning, not a separate thing,” Shifa said.

She explained that the methodologies teachers are using – or lack thereof – are problematic because the curriculum is not being used as a tool for teachers to “change and teach”.

Shifa detailed how curriculum revisions – for preschool, primary and secondary school – were already occurring in 2008 and that one of Luthfee’s “highest priorities” was to continue this process. He commented on these issues as well.

“Current school curriculum is in two parts, namely local curriculum and up to grade 7 and Cambridge curriculum in secondary. Both curricula lacks the ability to provide critical thinking and civic skills,” said Luthfee.

“However we are hopeful that the local curriculum which is being developed would fill the gap unless undue influences are exerted by people with extremist views,” he added.

Shifa explained how some small schools will have only five or so children in a class, but still have to provide seven or eight teachers – one per subject – for the students to continue on to secondary school.

According to Shifa, one of the most important ways these problems can be solved is through multi-grade teaching, which would improve the quality of teaching on the islands and bring down expenses.

She discussed how Nasheed’s government was trying to introduce multi-grade teaching nationally “in a pattern whereby the public will accept it through smart school projects”. To this end, a pilot-program training center was being established on Kudafari island in Noonu atoll in June 2011.

“There was a lot of enthusiasm within the school to continue this. Therefore, we made the infrastructure for the school to go single session – and along with the help with the continuing center for education – and start off the multigrade teaching program,” Shifa said.

The lack of quality education and resources then puts students at a disadvantage to continue their education – A-level, higher education, and vocational training opportunities.

“So many students are getting good marks and completing grade 10 but are unable to take A- levels because the Maldives is lacking well-functioning centers. Except for Male’ and a few regional centers, options are few and far between,” stated Shifa.

Education Ministry

Education Minister Asim Ahmed spoke to Minivan News about some of these ongoing educational issues.

“The challenges of teacher training and development are addressed by this government in a very systematic way.

“Teacher shortages is not a systemic problem. This year there are more teachers in schools than during the past three years combined.

“The evidence of this is the record level O’Level pass rate this year. Students will not pass if there are no teachers.

Ahmed also highlighted that the government will conduct teacher development programmes, continue MNU training, and increase overseas training for teachers.

O’level results still withheld

Preliminary results for the 2012’s Cambridge O’Level examination have not been released due to “difficulties” in analysis, the Ministry of Education has said, despite claiming “one of the highest pass rates to date”.

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Morning Star crew free to return to the Maldives after seven month wait

The crew of a Maldivian ship detained in the Indian port city of Kochi have been told they can finally return to the Maldives after a seven month wait.

The owner of the vessel, Managing Director of Mallinks Pvt Ltd Ibrahim Rasheed, had told crew members back in January that they must attempt to sell the ship or risk being stranded in India indefinitely.

MV Morning Star had been detained by Indian authorities in July 2012 after the vessel it had been towing from the Maldives sank in Indian waters.

Transport Authority Chairman Abdul Rasheed Nafiz said on Monday (March 18) that the ship had now been sold by the Indian courts and the crew will be able to return to the Maldives.

“The crew can return back any time now, but at present they are waiting to receive the money they are owed from the sale of MV Morning Star,” Nafiz said.

The Transport Authority Chairman told Minivan News earlier this year that the crew had gone without pay for over five months prior to January, and had been relying on a union in India to provide them with food.

“The same union is taking care of the crew at the moment whilst they wait for their pay,” Nafiz confirmed today.

Following the sinking of the vessel back in July, a ruling by the Indian Judiciary stated that the ship, along with the crew, would not be allowed to sail out of the port until the sunken vessel had been salvaged.

The ship’s crew had been advised by Rasheed in January to sell the vessel as he could not personally afford to pay for their return.

Speaking to Minivan News today, Rasheed confirmed that the Indian courts had reached a verdict to sell the vessel for US$165,000.

“The captain and crew of the ship can deduct their salaries from the sale of the ship. I spoke to the captain yesterday (March 17) and he told me he will pay the crew,” Rasheed said.

“The unions who helped support the crew will also be able to take their share of owed money,” he added.

Rasheed previously claimed that MV Morning Star would have been able to sail out of the port had the sunken vessel – MV Sea Angel – been salvaged.

According to Rasheed, both ships had been insured by Allied insurance and it had been the insurance company’s responsibility to salvage the sunken ship.

“We had fully insured both ships. The insurance company gave us a wage policy and in the policy they have written, ‘within 40 days we have to sail the vessels’, which we did.

“The insurance company needs to take responsibility, but they are saying no,” Rasheed said back in January.

MV Morning Star had been towing MV Sea Angel to a port in India for it to be scrapped, however just eight miles from Kochi, the 26 metre vessel began to sink.

Speaking today, Rasheed said that he had now filed a case against Allied Insurance, and is currently waiting for the next hearing to be scheduled in court.

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Police locate under-age girl from orphanage who escaped hospital

Police have located a 15 year-old girl from the Villingili orphanage ‘Kudakudhinge Hiya’, who escaped while she was admitted to Indira Gandi Memorial Hospital (IGMH).

Police identified the girl as Shaba Ali Rasheed, 15, of Madharusaadhoshuge in Hulhudhoo, Addu City.

According to police, the girl was located near ADK hospital this afternoon around 3:23 pm after she escaped on Saturday night.

Police issued a statement this morning informing the public that they had commenced a search to find the 15 year-old, who fled after she was admitted to IGHM.

IGMH Spokesperson Zeenath Ali Habeeb told Minivan News the girl was admitted to the hospital a week ago and she was under the charge of the Gender Ministry.

She declined to provide further information regarding why the girl was admitted tohospital.

‘’When she was brought here she was under the charge of Gender Ministry and without the consent of the ministry the hospital cannot provide information about her,’’ Zeenath said.

Spokesperson for the Gender Ministry Aishath Rameela did not respond to Minivan News at time of press.

A growing number of under-age girls in the Villingili orphanage have recently escaped the institution, either to be returned or sent to other state care facilities.

On March 13, the Gender Ministry admitted to transferring two children from the Villlingili island orphanage ‘Kudakudhunge Hiya’ to the Centre for People with Mental Disability on the island of Guraidhoo, without determining if they were in fact special needs children.

On March 5, police returned seven under-aged females who had escaped the  orphanage.

In January 2013, the Human Rights Commission of the Maldives (HRCM) called for the immediate release of two underage females living in the Villingili orphanage, who had been arrested and sent to Maafushi prison. Local media alleged the girls had been discovered “fraternising with boys”.

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Comment: Anatomy of a manufactured crisis

“The mass do not take their opinions from dignitaries in Church or State, from ostensible leaders or from books. Their thinking is done for them by men much like themselves, addressing or speaking in their name, on the spur of the moment… ” – John Stuart Mill, On Liberty

As I’m writing this (13th March 2013) negotiations are underway between Male City Council, Environment Ministry and Tatva Global, with the help of Clinton Global Initiative towards a final resolution that will hopefully put Male’s waste management issue behind us. Though it would seem that the issue is simply, writing a fair and favourable contract for all stakeholders involved, the picture that emerges from media is entirely different.

The media narrative (especially in the broadcast media belonging to rich resort owning businessmen) is a simple one. Male City Council with the sole interest of obstructing proper functioning of government had deliberately halted its waste management program. At times, this story shifts towards a negligent or inefficient Male City Council.

Nevertheless, the basic premise is indubitably clear: the responsibility lies with Male City Council. While the waste management crisis is a real, concrete issue that affects many lives, this simplified story of good and evil that we are sold supports a political goal – that of constructing a people antagonistic to Male City Council, and by extension MDP, who dominates the City Council seats.

This is helped by the fact that Male Kunikoshi (waste disposal area) is subject to arson attacks whenever MDP protests flare up in the city, and media consumers are often led on to believe that such arson attacks have a relation to MDP. While it is unclear who is actually responsible for these arson attacks, the general nuisance such incidents create helps to foster sentiments that support the above narrative of an inefficient/negligent Male City Council.

When we unpack this whole series of events beginning with the budgetary issues of Male City Council, waste handling issues, and how these issues are portrayed in the media, a pattern emerges. I believe this pattern is reflected in other similar issues of the past three years, and can be used to explain the mobilisation of thousands of anti-government supporters (together with police and MNDF), which finally resulted in Waheed taking control of the executive. The significance of this pattern is the populist approach media takes, pitting the interests of a ‘people’ against a system of corruption, negligence, inefficient bureaucracy, where this system is often institutions controlled by MDP.

The result of such narrative is key voting blocs are won over to the camp who represents the interests of the said ‘people’. Understanding this pattern is key to understanding how politics is conducted today in the Maldives.

Roots of the waste management crisis

An agreement between Tatva Global, an Indian company with experience in environmentally friendly waste management, and Male City Council was signed in May 2012. Very little or no budget was allocated for waste management for the following year 2012 by Male City Council, which seems to have been on the understanding that Tatva Global would take over waste management within six months of signing.

Yet by early 2012, nine months into the contract, Tatva Global had little to show and was requesting for more time. Following the February coup, Male City Council issued a statement refusing to acknowledge the legitimacy of Waheed’s government and presenting a stand of non-cooperation with Waheed’s government.

By May 2012 the conflict between Male City Council and Waheed’s government was intensifying, primarily over land and other assets controlled by Male City Council. At that time, Thilafushi was considered part of Male and under the jurisdiction of Male City Council. All waste ends up on Thilafushi either for processing or burial and is key to the waste management project.

Waheed’s reaction to the crisis was to change Thilafushi Corporation’s Board of Directors and refuse cooperation with the waste management project. Meanwhile, Tatva Global’s project itself was running into their own problems, with Tatva requesting yet more time from Male City Council, with the project already a year late.

May 2012 was also the time at which the media onslaught against Male City Council ratcheted up. Media coverage of Male City Council during May and in the following months was primarily focused on creating a narrative that attempted to portray Male City Council as extremely politicised and unable to provide basic services for the public, because of their non-cooperation stand. As part of this campaign against Male City Council, a petition with fifty odd signatures was submitted to LGA requesting to take action against Male City Council for their negligence.

By June 2012, a month into the targeted media campaign against Male City Council, Male City Council was reported as saying that they did not have the necessary funds to pursue various projects such as roadworks and waste management. Members of the City Council kept repeating that there was no budget for such projects, and they were capable of conducting only minimal ‘patch’ works, and that previously held assets for such work had already being transferred to Road Development Corporation. It would seem that the government and media were in sync, pulling the levers of finance and media against Male City Council – by transferring responsibility of roadworks from Road Development Corporation to Male City Council without giving them the necessary resources, by blocking finance, and creating a media frenzy around this issue portraying Male City Council as inefficient and negligent.

By July 2011, Waheed had issued an executive order for the takeover of Thilafushi and handed over complete control of Thilafushi and all related assets to Thilafushi Corporation. At the same time, Waheed’s Environment Minister went to press expressing the government’s intention to start their own waste management project. This completely sidelines Male City Council and Tatva Global, bringing their project to a halt.

Just a week later, Male City Council would announce that Male Kunikoshi (the waste disposal area) was full ahead of Ramadan, a peak time of the year, and they do not have the budget for the cleanup as finance was completely blocked.

From this point forth, the same pattern kept repeating – either the garbage disposal would be full and Male City Council would be forced to close the site, or an arson attack burned the garbage dump – and this continued for a full nine months.

All the while, the media unquestioningly follows the official line – Male City Council is at fault, and it is their sole responsibility. The result: public opinion, vital ahead of the election, is turned against Male City Council and MDP.

February/March 2013 would bring a slightly new twist to the whole narrative. This recent episode begins with Nasheed taking refuge in the Indian High Commission, and once again there’s an arson attack on Kunikoshi. This time however, Imaadhudheen School shuts down because of the smoke and parents protest outside Male City Council.

Waheed, seeing the opportunity to grab a few more votes, swept in with the MNDF to clean up the garbage dump.

The following video report produced by DhiTV on the day Waheed visited Male Kunikoshi is exemplary of the kind of biased, one sided, vote-seeking reports produced in our media landscape, and worth seeing just to see how an issue can be manipulated in the media:

http://m.youtube.com/watch?v=CHbsUH8h4Ps

Unpacking the Media Narrative

The first point to note is that underneath all the political rhetoric and maneuvering lies a real issue that affects many lives – the public health hazard, teachers and students being hospitalised, closing of schools, the smoke, the stench etc.

The public has a right to feel disaffected by this crisis, and is indignant and up in arms with good cause.

The second point to note is though this is a manufactured crisis; there is no inherent direction to which this raw emotional energy of the public may flow. That is to say, that it is entirely contingent, and depends on how Male City Council responds as much as to how Waheed is able to captivate and charm his way around it.

But clearly, Male City Council is at a disadvantage here, when the media gives little attention to their press conferences.

The MDP, which is ultimately implicated in all these battles, rarely seems concerned by how these issues unfold in the public imagination, and are mostly focused on other battles that they consider more significant.

It is in these circumstances that Waheed is presented as savior coming to save the public from an impending health hazard with his sleeves rolled up, literally. His words focus entirely on creating the impression that Male City Council has been unable to fulfill their duty, and that he had to ‘save’ the public from a health crisis by marching in to Male Kunikoshi with the MTCC and MNDF.

In what little facts that are in the report, we are still able to glean a few and be amazed at their glaring contradictions. For example, Waheed claims that he will clean up Male Kunikoshi by allocating a MVR 21 million budget for the immediate one time clean up, yet for all their complaints, Male City Council were given only MVR 8 million for the same job in the months before.

Had he allocated the budget earlier, could he have prevented this crisis, entirely? Yet, such doubts are easily glossed over when we are bombarded with such repeated rhetoric as “the past three years”, “irresponsible, politicised City Council” and so on. The public in its turn can only breathe a sigh of relief, a moment of catharsis, after weeks of burning stench.

From Disaffected Public to Political Subjects

This is also the same public who protested in front of Male City Council demanding a rapid solution to the waste management issue, after being tormented by weeks of smoke.

It’s important to note the changes that occur when a disaffected public (in this case Imaadhudheen parents) goes in to political action. Before engaging in political action, one has to accept certain notions, and give meaning to certain symbols in that particular situation.

To simply have a demand – stop the smoke and stench – is not enough for one to be constituted as a political subject. In this case, the choice of location (in front of Male City Council) already shows who they chose to blame in this particular crisis.

The choice to protest there shows they had already accepted the basic contours of the narrative presented by Waheed and DhiTV, which in one sense means that even before Waheed marched in to Male Kunikoshi, he had succeeded in creating a possible voting bloc. This last gesture of providing MVR 21 million in relief for the clean up was mere icing on the cake; Waheed’s chance for a souvenir victory portrait atop a garbage hill.

When we have examined this crisis closely we see how a disaffected public is created in a crisis, captured within a particular discourse, and within this system of signification how different elements cohere together and give articulation to political subjects.

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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Supreme Court overturns parliament’s dismissal of CSC Chair Mohamed Fahmy for sexual harrasment

President of the Civil Service Commission (CSC) Mohamed Fahmy Hassan has returned to office after Supreme Court ruled that parliament’s decision to remove him was unconstitutional.

The CSC confirmed to local media on Sunday (March 17) that Fahmy had returned to work after he had been dismissed by parliament in late November last year.

In November last year, parliament voted 38 – 32 to remove the CSC chair after the Independent Institutions Committee investigated a complaint of sexual harassment lodged by a female employee of the CSC.

On Thursday (March 14), Supreme Court ruled 6-1 that Fahmy would receive two punishments for the same crime if he was convicted at court following his dismissal by parliament (double jeopardy).

Following the judgment, Fahmy would be reinstated and compensated for lost wages since December 2012.

Delivering the judgment, Supreme Court Justice Abdulla Saeed reportedly said that a person should be considered innocent unless proven guilty in a court of law and was entitled to protect his reputation and dignity.

Fahmy was alleged to have to have said to a female CSC employee that “it is not appealing when unmarried girls like you get fat”, whilst touching her on the stomach.

Following Fahmy reinstatement, Dhivehi Rayyithunge Party (DRP) Leader Ahmed Thasmeen Ali today tweeted: “Majlis n civil servants have lost confidence in Mr. Fahmy, President of CSC. In the national interest, he should resign.”

Supreme Court ruling will encourage sexual harassment: NGO

Maldives-based NGO Voice of Women (VoW) expressed its disappointment with the Supreme Court’s ruling regarding the verdict on Fahmy’s dismissal last year.

In a statement published on its website, VoW accused the Supreme Court Justices of having let down the women of the Maldives.

“In a small country like Maldives, where women are terrified to come forward and report cases of sexual abuse, domestic violence or sexual harassment, it took great courage for a girl to step forward and report this case against Mr. Fahmy,” the statement reads.

“By reinstating Mr. Fahmy, after disregarding the Parliamentary no confidence vote, all the women working in Civil Service are in danger of being victims of sexual harassment, as women will be even more reluctant than before to come forward and report such cases.”

VoW raised further concern regarding Fahmy’s seat on the Judicial Service Commission (JSC), claiming that he is in a position to “influence the judiciary”.

“As Parliament had dismissed heads of independent commissions in the past with votes of no-confidence (eg Auditor-General on 28 March 2010) without any prior court case, VoW is extremely concerned that this ruling is highly irregular and departs from previously established norms and procedures,” the VoW statement reads.

“VoW calls upon the Parliament of Maldives to exercise its rights as per article 187 of the constitution and immediately take action to remove Mr. Fahmy (whom the parliament members as representatives of the people, do not have confidence in, and who they believe women employees will not be safe with) from his reinstated position.”

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Sri Lankan minister calls for deportation of Maldivian asylum seekers

A Sri Lankan Minister has reportedly called for the deportation of Maldivians who are currently seeking asylum in Sri Lanka.

Local media reported Minister of Technology Research and Atomic Energy, Patali Champika Ranawaka, as calling on the government of Sri Lanka to take action against Maldivians who are converging in areas within the country.

During a ceremony to launch Patali’s book entitled ‘Al Jihad Al Qaeda’, the minister allegedly claimed that foreigners were flooding Sri Lanka due to conflicts in other countries.

“Because of the internal tensions in the Maldives, thousands of its citizens are now in areas such as Dehiwela, Ratmalana, Nugegoda, and they are seeking political protection and [it] would be a tremendous problem to Sri Lanka in the near future,” the Minister was quoted as saying in the Sri Lankan publication ‘Mirror’.

Sri Lankan media claimed the minister had then called for the government to carry out a proper census and subsequently arrange for the deportation of those seeking asylum.

The minister’s comments were made in light of proliferation of Saudi ‘madrassas’ – religious teachers – who are accused of propagating extremist Islamic ideas in Sri Lanka.

The minister stated that there are roughly 700 madrassas currently teaching in religious schools in the country, and it had been established that the religious teachers had been connected to recent disputes within Sri Lanka.

A media official from the Ministry of Foreign Affairs told Minivan News today that it had “no comment” regarding the issue.

“If there is any comment regarding this issue made by the ministry, we will make it available to the media very soon,” he said.

Sri Lankan Minister of Technology Research and Atomic Energy Patali Champika Ranawaka was not responding to calls from Minivan News at time of press.

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State must prove ‘MC’ Hameed’s dismissal was lawful: Civil Court

The Civil Court has ruled that it is the state’s responsibility to prove that former head of police intelligence Chief Superintendent ‘MC’ Hameed’s dismissal was lawful and in accordance with the constitution.

The Police Disciplinary Board dismissed Hameed from his position over allegations he provided confidential information to an opposition Maldivian Democratic Party (MDP) report written by the former government’s Environment Minister Mohamed Aslam, and National Security Advisor Ameen Faisal.

Local media claimed the decision was made by the Disciplinary Board on allegations that the three officers had “worked for the political benefit of a certain party” using their police roles.

Hameed filed a lawsuit in the Civil Court against the Maldives Police Service (MPS) on August 25, claiming that his dismissal from the institution was unlawful.

“The [judge’s] ruling is in reference to the state’s attorney ‘holding onto witnesses’ who would provide testimony regarding my dismissal in which I was sacked unlawfully. This is not the final verdict,” Hameed told Minivan News today.

“The MPS believe they have the privilege of not falling under general employment regulations because they are a separate entity,” he added.

Speaking previously to Minivan News Hameed stated, “I have noted that the dismissal was against the constitution and the Police Act. We have noted many articles that were violated in the dismissal.”

Judge Mariyam Nihayath, presiding over the Civil Court hearing, ruled in favor of Hameed’s lawyer’s argument that it is indeed the responsibility of the state to prove Hameed’s dismissal was legal.

Nihayath explained that all citizens are guaranteed the fundamental right to employment and if that right was withheld, it must be in accordance with Article 16 of the constitution, according to local media.

Article 16 guarantees the “rights and freedoms” enumerated in the constitution for all citizens – including employment – are “subject only to such reasonable limits [as] prescribed by a law” and these limits must be “demonstrably justified in a free and democratic society”.

When asked about today’s Civil Court ruling, Police Spokesperson Sub-Inspector Hassan Haneef instead referred to the Criminal Court case being brought against Hameed by the police.

“The case is being investigated and has been sent to the Prosecutor General’s office. You’ll have to ask them if they have enough supporting evidence,” Haneef told Minivan News.

Prosecutor General’s (PG) Office Media Official Hussain Nashid confirmed to Minivan News that the PG had received the case against Hameed “last November or December” but was “not sure” if the civil court ruling would have any bearing on the state’s criminal court case.

Hameed also confirmed that the MPS previously filed the criminal case against him with the PG’s office, but did not know of any further developments in this regard.

“I have not yet received a summons [to appear in court], so I guess the case is still pending,” stated Hameed.

The Police Disciplinary Board also relieved Superintendent Ibrahim Adhnan of duty and announced it was demoting Superintendent ‘Lady’ Ibrahim Manik to Chief Inspector of Police, removing the disciplinary badge on his uniform, in June 2012.

Hameed, Adhnan and Manik were among only a few police senior officers who did not join the events of February 7, which saw mutinying police hand out riot gear to opposition demonstrators and launch an all-out assault on the main military headquarters.

Hameed’s arrest and detention

In June 2012, Police arrested Hameed over allegations he had contributed to the MDP’s report into the controversial transfer of power on February 7, the publication of which was derided by the government as an “act of terrorism”.

Following reports that police who cooperated with the Ameen-Aslam report were being rounded up and detained, police initially denied allegations of a “witch hunt” and issued a statement accusing the media of “circulating baseless and false reports”. However court warrants for the arrest of Hameed and Staff Sergeant Ahmed Naseer were subsequently leaked.

The Criminal Court arrest warrant stated that Hameed was accused of “misusing” or leaking information acquired through his position for “the political gain of a particular group”, and participating in the compilation of the “misleading” Ameen-Aslam [MDP] report, which undermines “the public’s respect for the security services.”

It justified his detention on the grounds that Hameed might influence witnesses and attempt to get rid of evidence as “others are suspected of involvement in the case.”

Police issued a statement that day confirming that Hameed had been arrested on charges of leaking “important information collected by the Maldives Police Services intelligence related to national security” as well as providing “untrue and false information” intended to benefit a specific [political] party, which could pose a threat to national security and create “divisions between the police and the public.”

Hameed’s actions were in violation of the Police Act, the statement insisted.

Hameed was held for five days following his arrest. The Criminal Court’s decision to detain Hameed was appealed by his family in the High Court, which ruled that there was no grounds to rule an extension of his detention was unlawful at the time.

The Criminal Court extended his detention period to five days before releasing him on the grounds that it did “not believe the detention should be extended any further,” just a few hours after the High Court upheld its decision to keep him detained.

Hameed’s lawyer Ismail Visham argued during the High Court hearing that his client had been subjected to discrimination.

Visham told the court that there were police officers accused of more serious crimes who had not been detained, alleging that in one instance, a senior colleague presently stood accused of attempting to rape a woman.

He further contended that the Criminal Court judge had extended Hameed’s detention period not based on police evidence, but on the judge’s own view. Visham contended that Hameed had therefore lost the right to respond to the accusations against him.

In response, the state attorney said that Hameed was accused not of a disciplinary matter but a criminal offence, and argued that the Criminal Court judge had declared Hameed a threat to society because police told the judge he might seek to “intimidate witnesses” and “destroy evidence”.

Following his detention, the family of Chief Superintendent Hameed expressed concern over his detention and noted that he was widely respected in the force as “a man of principle”. He has been in the service for over 17 years and has a masters in policing, intelligence and counter-terrorism.

Following the raid and extrajudicial dismantling of the MDP’s protest site at Usfasgandu on May 29, Hameed tweeted: ” Called a ‘baaghee’ [traitor] on the road twice today. Rightly so when our own actions are unjustifiable and thuggery like!”

After his dismissal, Hameed tweeted: “Ayan: Daddy, why were you fired from your job? My response: Because I did not join the bad guys.

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