Month: August 2010

Yameen’s ‘protective custody’ was unconstitutional, rules Civil Court

The Civil Court of the Maldives has ruled that the government’s detention of Abdulla Yameen, People’s Alliance (PA) and half-brother of former President Gayoom, was unconstitutional.

The PA is a minor opposition party which in coalition with the major Dhivehi Rayyithunge Party (DRP) has a parliamentary majority. The government has accused Yameen of bribery and treason, however following his arrest in June the Supreme Court refused to extend the period of his detention.

The Maldives National Defence Force (MNDF) held Yameen in isolation on the presidential retreat of ‘Aarah’ for nine days, releasing him on July 23. The government and the MNDF claimed Yameen’s detention was “for his own protection” after several groups of protesters clashed with police outside the MP’s house.

In July the MNDF took Yameen into protective custody after a group of Maldivian Democratic Party (MDP) supporters gathered near his house and threw stones and water bottles.

MNDF claimed that Yameen was kept in isolation for his own safety and that he requested MNDF provide him security. However Yameen claimed he was taken by MNDF against his will.

In his verdict, Sameer noted that MNDF did not had the power to detain Yameen in Aarah for his protection under the MNDF law, article number 105 [b] and 243 of the constitution.

Chief Judge of the Civil Court Ali Sameer further ruled that the MNDF did not have the authority to restrict Yameen’s rights and freedoms, as guaranteed under the constitution.

Sameer declared that MNDF violated articles 41, 19, 21, 26, 30, 37, 45 and 46 of the constitution.

Any freedom and right guaranteed by the constitution could only be restricted according to a law enacted under article 16 of the constitution, or following the declaration of a state of emergency, Sameer said.

He added that it was a responsibility of all state institutions to uphold freedoms and rights mentioned in the constitution.

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Fugitive surrenders himself to police

A man wanted by police regarding an undisclosed investigation has surrendered himself to authorities, the Maldives Police Services has said.

Police Sub-inspector Ahmed Shiyam said that Ibrahim Shahum was a fugitive “sought for an investigation” but declined to disclose on what charges he was sought for.

“We haven’t shared that information because we do not know what will happen at court, and if the court acquits him after we told the press what he was charged for, it wouldn’t be fair,’’ said Shiyam. “He came to police last Monday of his own free will.’’

He said Shahum was now in police custody.

Daily newspaper Haveeru reported that Shahum was being investigated in connection with the fatal stabbing of a 17 year-old in late July.

The 17 year old was stabbed in the leg near the Social Centre in Maafannu, Male’. He was admitted to Indira Gandi Memorial Hospital (IGMH) and treated for more than eight hours in the Intensive Care Unit, but the knife severed a major artery and despite an emergency blood transfusion he died the following morning at 6:15am.

A person familiar with the case told Minivan News that police had searched for Shahum “based on statements given to police by [gang] opponents regarding the recent stabbing cases. Those cases include the death of the 17 year-old boy as well.’’

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Disruptive strikes discredits tourism says MATATO, mistreating workers does same, says TEAM

The temporary closure of the Kurumba Maldives resort following three days of strike action by staff has had a roll-on impact on local tour operators and travel agents, according to a statement from the Maldives Association of Travel Agents and Tour Operators (MATATO).

Most staff at Kurumba had returned to work yesterday following an ultimatum by resort management and the arrest of 19 staff on charges of intimidation and vandalism. The strikers were complaining of management inaction over poor staff accommodation, food, unfair distribution of service charges and staff discrimination.

MATATO warned disruptive strike incidents “could potentially discredit tourism in the Maldives”, and that it was not inconceivable that the Maldives tourism industry “could fade away as happened in Bali [following the 2005 bombings].”

“Such disputes should be solved through discussions, in a way that does not affect the guests,” the MATATO statement said, adding that disruption compounded an already “low time for tourism”.

“There should be no ground for any party to reduce visitors and businesses in this country to a state of fear and terror, whoever may be at fault.

MATATO’s concern echoes that of the Maldives Association of Tourism Industry (MATI), which on Monday stated that “there should be no grounds for any party to reduce visitors and businesses in this country to a state of fear and terror, whoever may be at fault.”

MATATO also said it was “very concerned” that the President of the Tourism Employment Association (TEAM), Maldivian Democratic Party MP Ahmed Easa, “worked to heat up the situation instead of trying to cool it down.”

“As the president of TEAM is an MP and a political figure, it would help solve the issue if he chose either to be the president of TEAM, or an MP,” MATATO said.

Easa acknowledged concern about the politicisation of his position.

“I believe I should not be the President of TEAM,” he said. “But if I left, who would replace me? In this country there are very few people with the courage to fight for labour rights.”

“My phone is always ringing from resort employees, and we have 100 cases ongoing in courts ranging from the labour tribunal to the Supreme Court. I am spending $2000 a month on TEAM and working 20 hours a day, because many resort workers are not paid enough to save up for things like lawyers.”

Speaking to Minivan News, Easa said he was unhappy with the way the police and government handled the Kurumba strike, claiming that arresting the strikers was “against human rights, labour laws and the constitution of the Maldives.”

“Employees have the right to strike – all international laws allow it – and police have no right to arrest them,” Easa said.

19 striking staff were removed from the island after police received reports of management intimidation and vandalism.

“I’ve monitored more that 22 strikes in the resort industry and my experience is that in every strike, the hotel tries to get police to interfere by making [the strikers] angry so they break the law,” Easa claimed.

“I have seen all these tricks. The police actually advise management to do this and push [the strikers] to make mistakes.”

He rejected claims by the Maldives Association of Tourism Industry (MATI) and MATATO that strikes by resort staff would discredit tourism in the Maldives, arguing that poor treatment of workers was already damaging the industry’s image.

“Most tourists to this country come from the EU where labour rights are very much protected,” he said. “I have spent 15 years in the hotel industry, and I am very confident that tourists from the EU do not want to spend a single hour in a hotel that does not provide labour rights to its employees, pay their salaries properly or distribute service charges fairly, and accommodates them in a zoo with 10-15 people to a room.”

Tourists, he urged, should “take more of an interest in how resorts treat their staff.”

Universal Resorts’ board member on MATI, Visha Mahir, said she would not comment on the issues raised by the strike until the release of a formal statement by the group tomorrow.

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MDP calls on the resignation of Yameen from National Security Committee

Parliamentary Group Leader of the Maldivian Democratic Party (MDP) ‘Reeko’ Moosa Manik has called on leader of the People’s Alliance  (PA) Abdulla Yameen to resign from parliament’s National Security Committee.

Moosa accused Yameen, who is the speaker of the National Security Committee, of using his position on the committee to seek revenge against police and the Maldives National Defence Force (MNDF) after his arrest and detention by the government in July.

‘’After Yameen was arrested on charges of corruption, he has been continuously trying to smear the name of police and the MNDF,’’ said Moosa. “He will never succeed by chasing after the police and MNDF to get revenge.’’

Moosa alleged that Yameen was trying to summon superiors of armed forces to appear before the committee in “a cunning plan” to denigrate the institutions.

“This is a plan to take revenge on police and armed forces,’’ Moosa claimed.

Media Coordinator of PA Ahmed Faisal said Moosa’s comments were “a personal attack” on Yameen.

Yameen and Secretary General of PA Ahmed Shareef were abroad and unavailable for comment at time of press.

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Boyfriend of Sheereen denies murder charges

Mohamed Najaah, boyfriend of Mariyam Sheereen who’s body was discovered in a construction site in January, has denied murder charges raised against him by the Prosecutor General’s office.

Deputy Prosecutor General Hussain Shameem raised murder charges against Najah in court and presented two witnesses: a taxi driver and a person who lived in the same apartment.

Police allege that Najah murdered Sheereen in the apartment in which they both lived, before putting her body into a 2.5 foot-long suitcase and transporting it to the construction site by taxi cab.

Shameem presented a man identified as Haneef who lived in the same apartment with Sheereen and Najaah as a witness, and also the taxi driver who carried the suitcase.

The body of 30 year old Sheereen was discovered 36 hours after death in a construction site in Male’ on January 3 by a Bangladeshi labourer. Her family reported to police that she had been missing from December 31, 2009.

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Four men arrested for eating during fasting hours

Four men have been arrested after being caught eating in daylight hours during Ramadan, the holy month of fasting.

Police Sub-Inspector Ahmed Shiyam said that two cases had been reported to police and four people had been arrested.

Sergeant Abdul Muhsin said two of the men were arrested near the Alimas Carnival stage last Saturday and taken to the police station, where they confessed they had eaten.

“They were released after making a statement and were given advice,’’ he said.

The other two men were arrested inside Giyasuddeen School, Sergeant Muhsin said.

“They also confessed they had eaten in the school toilets,” he said. “They have both been released now.”

Last year a man was arrested for eating in daytime during Ramadan and was sent to the Criminal Court by Prosecutor General’s office.

The Criminal Court fined the man Rf 500 and ordered to reinstate that day’s fast.

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UNICEF representative Mansoor Ali farewells President

President Mohamed Nasheed has said the government will continue the projects set in motion by UNICEF Representative in the Maldives Mansoor M Ali, on his departure.

During a farewell call to the President’s office yesterday, Nasheed observed that Ali had served in the Maldives “at an important time for the country”, and was aware of the challenges faced by the country during the transition period.

Mansoor Ali thanked the President and the government for the support he and UNCEF received during his term in office and said he was privileged to have had the opportunity to work in the Maldives.

The meeting was attended by Vice President Dr Mohamed Waheed, Minister of Foreign Affairs Dr Ahmed Shaheed and UNICEF Regional Director for South Asia Mr Daniel Toole.

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Government to cease issuing cargo licenses to most ports

Cabinet decided yesterday to cease issuing cargo licenses to all ports except Male’, Thilafushi and two regional ports.

The government said the decision was made in the interests of “closely monitoring items imported into the country, and strengthen cargo facilities.”

It added that for regional ports to be run sustainably, “duty on cargo imported via sea to the ports must be reduced by 30 percent.”

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If a country sinks beneath the sea, is it still a country, asks NYT

Rising ocean levels brought about by climate change have created a flood of unprecedented legal questions for small island nations and their neighbors, writes Lisa Friedman in the New York Times.

Among them: If a country disappears, is it still a country? Does it keep its seat at the United Nations? Who controls its offshore mineral rights? Its shipping lanes? Its fish?

And if entire populations are forced to relocate — as could be the case with citizens of the Maldives, Tuvalu, Kiribati and other small island states facing extinction — what citizenship, if any, can those displaced people claim?

Read more

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