June 5, 2010 – Minivan News

Tensions escalate between executive and judiciary

The Judges Association of Maldives (JAM) has condemned President Mohamed Nasheed’s criticism of the Judicial Service Commission’s (JSC) decision on determining guidelines for the reappointment of sitting judges as “disrespectful towards the honour and dignity of judges” and indicative of the “negative view he holds of the judiciary”.

A press release issued by the association last week accuses the president of attempting to cast undue influence over the Judicial Service Commission by calling for amendments to the eligibility criteria approved last month, an act which could “render separation of powers obsolete”.

Article 285(b) of the constitution stipulates that the JSC shall determine whether or not sitting judges possess the qualification of judges specified in article 149 before August 7 2010.

The article states that judges must possess “educational qualifications, experience and recognised competence to discharge the duties and responsibilities of a judge, and must be of high moral character.”

On May 9, the JSC voted to approve as minimum standards to determine “high moral character” that judges must not have been convicted in a court of law of an offence with a punishment prescribed in the Quran, criminal breach of trust or bribery.

Following the 5-2 vote, Aishath Velezinie, President Nasheed’s member on the JSC, characterised the contentious decision as “nothing less than treason to rob the people of an honest judiciary.”

Velezinie warned that the decision could effectively give tenure to 19 judges found guilty of various offences by state institutions such as the former Anti-Corruption Board.

Two days later, the commission approved guidelines for determining educational qualifications, experience and competence.

In his radio address on May 28, President Nasheed said he believed the JSC decision could hinder the commission’s mandate of ensuring public confidence in the judiciary.

The decision was “worrying” as records showed that judges found guilty by the relevant authorities under the old constitution, or who had faced criminal prosecution and allegations of gross misconduct, were currently on the bench.

“Grade seven standard”

President Nasheed criticised the criteria for educational qualifications as setting the bar too low.

“For the standard to determine educational qualification, they are saying [judges must possess] a certificate in either law or Shariah, and even if the certificate is not accredited by the Maldives Accreditation Board, it must be a certificate of at least level three or higher accepted by the government”, he said.

Hence, he added, the minimum educational qualification for judges approved by the JSC was essentially “grade seven”.

According to the guidelines approved by the commission, said Nasheed, sitting judges would be eligible for reappointment if they have not been convicted in court of 29 criminal offences decided upon by the JSC.

The JSC also decided that sitting judges would be deemed to possess the requisite experience.

Nasheed said the criteria to determine experience and educational qualification was “inappropriate” for contemporary Maldivian society.

Moreover, taking the lack of convictions as enough to determine high moral character was “not ideal.”

An official request has been made with the JSC to review and amend the guidelines, he said.

The JSC consists of the speaker of parliament, an MP and a member of the general public appointed by parliament; a judge each from the Supreme Court, High Court and the trial courts; a practicing lawyer elected by licensed lawyers; the Chair of the Civil Service Commission; a member appointed by the president and the Attorney General.

Justice Fahmy

A statement issued by the JSC before the president’s address defended the decision as both “within the bounds of article 149” and “very fair”.

The statement signed by Justice Mujthaz Fahmy, president of the JSC, notes that differences of opinion among members only emerged over the criteria for determining high moral character.

It adds that the reappointment of judges as stipulated by article 285 was very different from the normal process of appointing or dismissing judges and magistrates.

Moreover, the commission believes the decision will “draw criticism no matter how fair it was.”

The statement goes on to condemn “efforts by certain groups to dishonour the judiciary and strip judges of their honour and dignity.”

“The commission is extremely concerned as such actions could undermine the independence of the judiciary and adversely affect society,” it reads.

While the creation of the JSC was delayed until July 26, 2009 due to “various legal problems” and its members do not work full-time, the statement assures that the commission was working “sincerely, truthfully and in line with the constitution” to fulfil its responsibilities.

“Abuse of power”

However, writing in her personal blog, Velezinie claims the statement was issued “in violation of clause 4(d) of the commission’s rules of procedure and article 163 of the constitution” as it solely represented Fahmy’s personal views.

Justice Mujthaz Fahmy had refused to either allow further discussions on the guidelines or vote on amendments, she writes.

As Fahmy was among the 19 judges with prior convictions, Velezinie claims, he faces a conflict of interest on the issue of judges’ tenure and reappointment.

Moreover, while the Supreme Court Justice was also the chair of both standing committees of the commission, the complaints committee has not been convened as of May 1.

Fahmy replaced High Court Judge Abdul Gani Mohamed as President of the JSC on February 21 when the latter was removed by a ruling from three Judges of the High Court.

Velezinie reveals that although a committee consisting of the three judges on the commission was tasked in August 2009 with formulating a draft of the guidelines for reappointment, the full committee only met once as Fahmy did not attend the second meeting.

Meanwhile, the “285 Standards Committee” formed after Gani’s expulsion and chaired by Civil Service Commission President Dr Mohamed Latheef met on three days and drafted the final guidelines during meetings that each lasted half an hour.

The sub-committee, consisting of Judges Adam Mohamed Abdullah and Abdullah Didi from the JSC as well as Chief Judge of the Juvenile Court Shuaib Hussein Zakariya and Civil Court Judge Abdullah Ali, did not consider either the previous proposals or “the purpose and spirit of the constitution and the objective of article 285.”

She adds that Fahmy’s actions were “extremely worrying” as it could cast doubt over the independence of both the JSC and the judiciary.

Moreover, Velezinie continues, failure to provide agendas and minutes of meetings to members as required by law “facilitates corruption in the commission.”

“The Judicial Service Commission, and along with it the courthouse and judges, will only gain public trust when it proves to the people with words and deeds that it is an institution that is independent from the three powers,” she entreats. “Instead of hiding behind law certificates and making decisions based on self-interest and one’s own views, [the commission has to] put national interest and public welfare first.”

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President Nasheed defends Australian PM’s eco politics

A visitor to Australian shores, Maldives President Mohamed Nasheed, might best have exemplified what’s wrong with local politics, reports the Herald Sun in Australia.

Perhaps both politicians and the public take the nation’s democratic tradition for granted.

Mr Nasheed, from an island nation that stands to suffer immeasurable damage from climate change, launched a staunch defence of Mr Rudd and his decision to delay the introduction of an emissions trading scheme.

The first democratically-elected leader of the Maldives, Mr Nasheed, who spent much of his life a political prisoner, made it clear to journalists he wasn’t just trying to curry favour with the Prime Minister.

“I’ve spent half my adult life in jail, and I’m not a person to say things that I don’t believe in,” he said.

Full story

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India and Seychelles join forces against Somali pirates

After activating a comprehensive security cooperation agreement with Maldives, India will increase maritime cooperation with Seychelles and will help the island nation deal with the increased incidents of piracy occurring near its waters, reports the Indian Express.

While the Navy already has a warship deployed in the Seychelles since April last year — after Somali pirates shifted base near the island chain due to increased international patrolling in the Gulf of Aden — the two countries have agreed to enhance the cooperation during the state visit by Seychelles President James Alix Michel.

“India and Seychelles have agreed to work together in controlling piracy in the Indian Ocean, so that we can try to make sure that this area is safer for economic development. Both countries face the same threat from piracy,” Michel said, addressing a business meet in the capital after meeting Prime Minister Manmohan Singh.

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Pacific islands thought threatened by rising sea levels are growing

Shape-shifting islands in the middle of the Pacific Ocean are standing up to the effects of climate change, writes Wendy Zukerman in New Scientist.

For years, people have warned that the smallest nations on the planet – island states that barely rise out of the ocean – face being wiped off the map by rising sea levels. Now the first analysis of the data broadly suggests the opposite: most have remained stable over the last 60 years, while some have even grown.

Paul Kench at the University of Auckland in New Zealand and Arthur Webb at the South Pacific Applied Geoscience Commission in Fiji used historical aerial photos and high-resolution satellite images to study changes in the land surface of 27 Pacific islands over the last 60 years. During that time, local sea levels have risen by 120 millimetres, or 2 millimetres per year on average.

Despite this, Kench and Webb found that just four islands have diminished in size since the 1950s. The area of the remaining 23 has either stayed the same or grown.

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Comment: Loss of biodiversity would be an existential threat to the Maldives

On World Environment Day, we remember the fundamental connection that all species on this planet have with each other.

At a time of rapid change in our climate, and as we think about how to address these changes, it is important to remember that all species of flora and fauna are connected with each other. 2010 is the International Year of Biodiversity, which gives us a chance to stress the importance of biodiversity for human well-being, reflect on our achievements to safeguard it and encourage a redoubling of our efforts to reduce the rate of biodiversity loss.

The theme for today, World Environment Day 2010, is “Many Species. One Planet. One Future.” It echoes the urgent call to conserve the diversity of life on our planet.

Reports indicate that up to 50 per cent of Asia’s total biodiversity is at risk due to climate change. Least Developed Countries are particularly vulnerable, as they are the least prepared or able to deal with the impact of climate change.

Moreover, because of our particular circumstances, there are perhaps few countries that are at greater peril from the adverse effects of climate change and loss of biodiversity than the Maldives – a nation of small islands dependent entirely on its coastal and marine resources.

Biodiversity constitutes the basis of most economic activity in the Maldives, and generates income directly or indirectly for most of the country’s citizens. A healthy and diverse marine ecosystem is vital for the functioning of the two largest industries, fisheries and tourism. Together, these provide three quarters of the country’s jobs, 90% of its GDP and two thirds of its foreign exchange earnings. Moreover, the islands, vulnerable to natural disasters, need healthy coral reefs to help protect and guard them against the adverse affects of climate change. A loss of biodiversity should therefore be seen as an existential threat to the Maldives.

The United Nations Framework Convention on Climate Change (UNFCCC) reiterates that all countries shall “protect the climate system for the benefit of present and future generations of humankind, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities.”

While every country has a right to development, there is a matching obligation that countries should aim for sustainable development, integrating environmental, social and economic growth as a whole. Adaptation to climate change and building the resilience of communities against the impact of climate change must be the pillars of sustainable human development in small island developing nations such as Maldives.

With President Mohamed Nasheed declaring the government’s intention to make the Maldives carbon neutral, and the government having prepared a Strategic Action Plan for the development of Maldives, the United Nations reaffirms its commitment to assist the people of the Maldives in the pursuit of sustainable development, and a low-emission pathway to growth.

At the policy level, it is clear what should be done. But more importantly, we should focus now on action at a community, island and atoll levels. Policies only help if they are implemented to benefit both people’s livelihoods, and the environment that provides for the people. It is imperative for everyone to play a role, including individuals and non-governmental organizations, in sharing experiences and knowledge on climate change adaptation and mitigation, and on the sustainable use of the natural resources that surround us.

Maldivians have been dealing with climate change for hundreds of years. They know the impact it can have on their islands and their lives. It may well be that climate change is faster than it has ever been before, but nobody knows better than the Maldivians how to respond and adapt. Let us now use that knowledge and understanding to effectively adapt to climate change, and to work together to sustainably develop the Maldives.

Andrew Cox is the new UN Resident Coordinator in the Maldives

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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