Day: October 4, 2010

Parliament returns from recess, passes Judicature Act

Parliament returned for its final session of the year today after a month-long recess and passed the Judicature Bill in a bipartisan vote, a crucial piece of legislation for judicial reform.

The last sitting of parliament on August 30 was called off after MPs clashed over amendments proposed to the bill by the opposition Dhivehi Rayyithunge Party (DRP) to both prevent the courts from conducting trials related to the activities of the former government and block retrials of controversial cases.

Parliamentary Group Leader of the ruling Maldivian Democratic Party (MDP) “Reeko” Moosa Manik told Minivan News at the time that MDP MPs protested because the DRP was attempting to “take the judiciary in their fist”.

However, in contrast to the acrimonious sitting of the last session, voting on amendments passed smoothly.

The Judicature Act was passed today with 50 votes in favour, four against and six abstentions.

As stipulated by chapter six of the constitution, the Act specifies the hierarchy and jurisdiction of the courts as well as standardized procedures for administration.

Once ratified, the Act will also create a Judicial Council to formulate regulations and procedures for trials.

The bill was proposed by the government in March this year.

Free whip

Baarah MP Mohamed Shifaz, spokesperson for the MDP parliamentary group, told Minivan News today that he voted against the bill because he was “not satisfied” with some provisions.

Following extensive discussions, the two parties came to an agreement on the bill during the last session, Shifaz explained, but the DRP proposed “a lot of amendments at the last minute.”

Speaking to Minivan News at the time, DRP MP Dr Abdulla Mausoom, accused the MDP of scuttling the last sitting on August 30 when “it was not going the way MDP MPs wanted.”

“We have the right to propose amendments; all the things they are saying are excuses,’’ said Mausoom. “MDP MPs just do not like following the due procedure of the parliament.’’

Mausoom defended the amendments as intended to “broaden the bill and to frame it in such a way that the courts can perform their work best.”

The bill was voted through with all the amendments proposed by the main opposition and only one amendment proposed by an MDP MP.

On the final vote, Shifaz said that the MDP MPs were given a free whip “to vote with their conscience” as the matter was of national interest.

Among several issues with the final bill, Shifaz said that he objected to “a big gap” between courts in the capital Male’ and the atolls as islanders would have to come to Male’ for civil cases involving an amount in excess of Rf100,000 (US$7,782).

Moreover, he added, the Act would give excessive powers to the Judicial Services Commission, such as control of the Department of Judicial Administration, which would be renamed if the bill is ratified.

Point of order

Today’s sitting became heated during the preliminary debate on a bill on jails and parole proposed by the government when DRP MPs raised consecutive points of order to object to President Mohamed Nasheed’s refusal to ratify the amendments to the Public Finance Act more than a month after parliament voted to override a presidential veto.

According to article 91(b): “Any bill returned to the People’s Majlis for reconsideration shall be assented to by the president and published in the government gazette if the bill, after reconsideration, is passed without any amendments, by a majority of the total membership of the People’s Majlis.”

The objections of the DRP MPs were echoed by Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed and independents Ibrahim Muttalib and Ahmed Amir.

The MPs argued that passing any further legislation was “pointless” until the president ratified the amendments to the Public Finance Act, claiming that continuing sittings in the meantime was a serious procedural issue.

As the sitting grew heated, Deputy Speaker Ahmed Nazim threatened to invoke his authority under the rules of procedure to call out the name of DRP Deputy Leader Ali Waheed and force him out of the chamber.

Addressing the points of order, Deputy Speaker Nazim said that the matter was “a constitutional issue” as article 91(b) did not specify the period in which the president had to ratify bills passed by parliament for a second time.

The minority opposition People’s Alliance MP suggested that a dispute between the executive and the legislature could only be resolved through the courts.

“I don’t believe that with the issue you are raising we could make any progress without passing through the stages of the legal process,” he said.

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Journalist reports DhiFM to police, claiming management leaked source’s identity

Former DhiFM journalist Qufthag Ajeer has reported the private radio station to police, alleging senior management deliberately leaked the source of his story concerning mistreated employees at the Hulhule’ Island Hotel (HIH).

Ajeel, who recently resigned over the issue,  has sent a letter to Commissioner of Police Ahmed Faseeh requesting a “fair investigation” of the case.

“The Hulhule Island Hotel threatened to take legal action against DhiFM if the source of the report was not revealed,” said Ajeer. “DhiFM then revealed the hidden source to the Hulhule Island Hotel without my knowledge.”

Ajeer alleged that DhiFM management searched through his personal folder at work to obtain the source’s identity before revealing it to HIH without his consent, or that of the source.

Article 28 of the constitution guarantees absolute protection of journalists from being forced to reveal sources: “No person shall be compelled to disclose the source of any information that is espoused, disseminated or published by that person.”

Such so-called ‘shield laws’ are intended to increase the accountability of businesses, organisations and governments by promoting ‘whistle-blowing’, ensuring protection of sources if a media organisation is taken to court and preventing journalists from being held in contempt of court for refusing to reveal them. They do not protect against the pursuit of defamation cases.

As a consequence of DhiFM’s action, Ajeer said that the Hulhule Island Hotel has now warned the source that he will be dismissed for disclosing the information.

Editor of DhiFM Masoodh Hilmy told Minivan News that Ajeer was “misled”.

“I can confidentially say that no person at DhiFM revealed the source of the article,” said Hilmy. “But the Hulhule Island Hotel did request us to reveal the source and said they take would legal action against us.”

Hilmy said DhiFM replied to the Hulhule Island Hotel saying that the source would only be revealed if the court ordered the news organisation to do so.

“The Hulhule Island Hotel did not threaten us, but demanded an apology claiming the article contained false allegations,” he added.

President of the Maldives Journalist Association (MJA) Ahmed Hiriga Zahir, compared the matter to Watergate and told Minivan News that journalists had a responsibility to confide sources with their editors.

However if the institution then revealed the identity of a source to a third party, “I don’t think this is ethical.”

“They should respect sources. Even the constitution guarantees the protection of sources for a journalist.”

Hiriga suggested that some senior journalists and editorial leadership in the country did not have this background in the principles of journalism- “it may be they don’t know what they are doing,” he said.

Ajeer was among six DhiFM journalists who launched a protest outside the media company’s offices yesterday, alleging unfair dismissal and claiming editorial pressure to produce negative coverage of the government.

The Media Council of the Maldives meanwhile issued a statement claiming that the protesting DhiFM journalists were a “serious obstacle” to the press freedom in the country, and that disagreements among reporters about newsroom policy should be resolved internally.

Ajeer pointed out that the Media Council consisted of “two senior DhiFM officials trying to defend DhiFM.”

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Tourism threatens to overwhelm mantas and whale sharks of Hanifaru Bay

In most places a 260 percent increase in tourist arrivals would be a cause for celebration. Not so for Hanifaru Bay.

Located off the uninhabited island of Hanifaru in Baa Atoll, the bay is a small enclosed reef the size of a football field. But what makes Hanifaru Bay unique and attracts tourists is the phenomena that occurs during the south west monsoon from May to November.

Interplay between the lunar tide and the south west monsoon enables build up of a massive concentration of plankton, which in turn attracts hundreds of huge manta rays and gigantic whale sharks. It’s usual to see up to 200 manta rays in a feeding frenzy, accompanied by whale sharks. The bay is one of the two sites in Maldives which acts as a cleaning station as well as feeding site for whale sharks.

Hanifaru Bay was declared a Marine Protected site last year by the government, in recognition of its importance in the ecosystem. When the bay was featured in National Geographic magazine last year, and a BBC Natural World documentary this year, the site’s fame spread all over the world.

Price of fame

“Sometimes we see up to 14 boats crammed into that little space,” says Mohamed Fathuhy, island chief of nearby Dharavandhoo.

He rues the fact that sometimes snorkelers and divers in the bay outnumber the animals.

Regulations announced by the Ministry of Environment on making the bay an MPA say that only five boats can engage in the area at any given time. It also limits the number of swimmers or divers to 80 at any one time.

However Fathuhy says  some visitors to try and touch the animals. Safari boats sometimes take money from tourists saying there is a charge for snorkeling in the area. And overcrowding is so bad that crews of visiting safari boats and others had almost come to blows over access.

Ahmed Sameer, general secretary of Youth Association of Kamadhoo, another island nearby, says his co-islanders share the concern: “We are worried that if this goes on, the animals might stop coming and the place might be destroyed.”

Asked why the interest in Hanifaru Bay, Sameer says that Kamadhoo islanders have always been a very eco-conscious people.

“Every household in the island recently signed a pact to not harvest turtle eggs or take turtles, and participate in the turtle conservation project by Four Seasons,” he explains.

Concerned and galvanised into action by the efforts of Seamarc, an environmental consultancy firm, and Four Seasons Landaa Giraavaru, Fathuhy and Sameer is a part of a delegation that visited the Environment Ministry yesterday to share their concern and to suggest co-management of the site.

Cries of a community

The delegation consisted of representatives from the islands of Dhonfanu,Dharavandhoo,Thulhadhoo and Kamadhoo. Province minister Ali Niyaz, Dhonfanu Councillor, Director General of Environmental Protection Agency (EPA) and Mohamed Zuhair, Mari Saleem of SEAMARC, Guy Stevens of Maldives Manta Ray Project and Executive members of Liveaboard Association Shaheena Ali and Fayaz Ismail attended the meeting alongside Minister of Environment Mohamed Aslam and Deputy Minister Mohamed Shareef.

Marie a passionate advocate of co management said “Baa atoll community would like to work with the government to help implement the regulations in place.”

“A cross section of the people in the atoll as well as stakeholders in the tourism industry, support the initiative to develop and manage Hanifaru Bay sustainable.”

The figures in Fathuhy’s presentation was impressive.

“Manta ray tourism generates an estimated US$8.1 million annually,” Fathuhy explained. Hanifaru Bay alone is estimated to generate US$ 500,000 in direct revenue for Maldivian economy this year.

A discussion ensued over wheather Baa Atoll could retain the revenues and the danger of the animals deserting the area if things continued as they were.

Some alterations to the existing regulations were proposed such as penalties for those who don’t adhere to regulations: having a fine for those coming into contact with the animals, and banning speedboats and boats with un-protected outboard engines, as well as implementing a compulsory certification system for guides and boat captains working there, and banning scuba diving in the vicinity.

Way forward

With Minister Aslam admitting that central government had difficulties in managing the MPA as well as other protected dive sites, the question arose over how best to go about it.

The lack of  wardens or an effective system of policing the area is an acute problem in Maldives concerning MPA’s.

Hence the  group discussed ways of managing the site, government or EPA managing it, going for a business model or a community based one.

The idea of forming a corporative found the most supporters with Aslam saying that “it’s a structured way of doing it as the laws are also already in place.”

Ismail and Shaheena from Liveaboard association were adamant that government had to play a major role in managing the site.

Shaheena pointed out that it would be unfair if any group got ownership of the place. “The process can’t be too democratic.”

“Tourists that hire speedboats from Male and go to that area will be disappointed if they can’t have access to the area.”

The delegation from Baa Atoll went back to their respective communities at the behest of Aslam to draw and propose a practical plan to manage the area.

While Baa Atoll community and the government try and figure out the best way to manage the area, the future of Hanifaru Bay hangs in balance along with its seasonal inhabitants.

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Parliament approves HRCM president, fails VP nominee

Parliament today voted unanimously to approve Mariyam Azra as the President of the Maldives Human Rights Commission (HRCM), more than a month after the former commission member was nominated to the post.

While 54 MPs voted in favour of the nomination, President Mohamed Nasheed’s nominee to the post of HRCM Vice-President, Jeehan Mahmoud, received 22 votes in favour and 32 against.

Last month, former HRCM President Ahmed Saleem condemned parliament’s failure to approve a president and vice-president as “unforgivable.”

“What the Majlis has done to HRCM is unforgivable, and it’s all because HRCM and human rights are not as important to the Majlis as taking their leave,” he said.

Meanwhile, a coalition of local NGOs echoed Saleem’s concerns, pointing out that the non-appointment of a president and vice-president was “an immense obstacle to the effective functioning of the commission.”

According to article nine of the HRCM Act, the president of the commission holds the chair for meetings.

During the final sitting of the last session of parliament, some MPs objected to having two women as president and vice-president of the commission.

DRP Deputy Leader Ilham Ahmed said that while he considered the people appointed for HRCM as capable, the role of President and Vice President “should include a male.”

“Even if you look at it from a religious perspective or from the perspective of good policy, there should be a male in either post,’’ he said.

Independent MP for Kudahuvadhoo, Ahmed Amir, said it was “against human rights” to have two females in the roles of President and Vice President.

“It is the woman who calls for equality most of the time,’’ said Amir.

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‘Co-education’ inconsistent with the culture of Islam, says Adhaalath Party

The government’s new co-education policy is a failed Western concept inconsistent with the teachings of Islam, the Adhaalath Party has said.

“Co-education is a concept introduced at the beginning of this century by Western countries, and later spread across the Islamic world by colonial force”, a statement issued by the Adhaalath Party said.

It is a concept that is alien to the emphasis that Islamic teachings place on gender segregation in the education system, the statement read.

Furthermore, Adhaalath said, co-education has been proven more harmful than beneficial “by modern research.”

Citing American writer, anti-feminist and Republican Party activist George Gilder, the Adhaalath Party said co-education has been known to “accelerate puberty in students and increase the testosterone levels of boys by 20 percent.”

“As a result, boys spend their time in a state of heightened sexual turmoil,” the party claimed.

The statement read that girls suffer similar consequences, with increased sexual hormones, and “often suffer from fatigue and depression as a result.”

Students of both sexes, therefore, it said, “spend more time focusing on the opposite sex than on their studies.”

Adhaalath Party also added that it was “astonished” that the Education Ministry was attempting to introduce a system of education that is not only against Islam, “but has also been tried, tested and failed in the West.”

Adhaalath Party also contradicted findings that attribute high academic achievements at Ahmadiyya School to its co-education policy.

“Not only are the boys and girls at Ahmadiyya being taught in separate classrooms – even the entrances used by the two sexes are separate,” Adhaalath said.

Deputy Minister of Education Dr Abdulla Nazeer recently told Minivan News the ministry has not decided to mix female and male students in the secondary grades.

“But we have decided to establish primary grades in all the schools,’’ Nazeer said. ‘’So Majeediyya School, Dharumavantha, Ameeniyya and Hiriya will no longer be solely for Secondary education.’’

Secondary education will be provided in all the primary schools as well.

Currently only male students can join Majeediyya and Dharumavantha while only females can join Ameeniyya and Hiriya school. They teach grade eight, nine and ten, the final three years leading up to GCE O’Levels.

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British woman who died at Kuredhoo “a strong swimmer”, say parents

The 42 year-old British woman whose body was found on the shore of Kuredhoo Island Resort has been identified as Sharon Duval from the village of Kidlington in Oxfordshire, UK.

The Oxford Mail reported that Duval died while on honeymoon with her husband Nick Duval. The pair were married last year and together ran the Highwayman pub in Kidlington.

Duval’s parents John and Pauline Stockford told the Oxford Mail that they did not know if she died “because of some sort of crime or an accident, and we will wait to hear the results of the postmortem.”

The pair told the Oxford Mail that they had not spoken to their daughter, who has a 16-year-old son, for 10 years after a family row.

“You can’t turn the clock back. We were both in tears when we found out and sat down and tried to talk it through,” they told the paper.

“Sharon was a very strong swimmer when she was a pupil, so it is surprising to hear that she died in these circumstances.

“The whole of Kidlington will be shocked by this – people still call it a village and it’s very close-knit.”

Police Sub-Inspector Ahmed Shiyam today told Minivan News that Duval had been observed drinking at the resort’s bar until late in the evening prior to her death, in the company of another individual.

“There is no sign of physical abuse or injury to the body, and at this point there is no evidence of any suspicious activity,” Shiyam said, “however are still taking the investigation very seriously.”

The resort yesterday declined to issue a statement to the media regarding Duvel’s death, however three staff members told Minivan News that the 42-year-old’s body was found on the seashore just after midnight on Friday evening, at approximately 12:30am.

The BBC has meanwhile reported that the UK Foreign Office is “urgently investigating” the death.

Duval is the second British national to die recently in the Maldives while on holiday. In early September top transplant and vascular surgeon Ali Bakran was pulled from the water and pronounced dead at Adaaran Meedhupparu Resort in Raa Atoll.

Police said that while the cause of death was “most likely” drowning, “it is very difficult to confirm without a postmortem, and that is not something we can do here [in the Maldives].”

The 61 year-old surgeon at Liverpool Hospital was on holiday with his wife Diane and daughter Miriam.

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Inland Revenue to recover unpaid debts

The newly instituted Maldives Inland Revenue Authority (MIRA) has undertaken efforts to recover debts and monies owed to the government by various parties.

Commissioner General of Taxation Yazeed Mohamed told newspaper Haveeru that the debts include fees, royalties and rent from 45 different sectors.

While MIRA was working with relevant government authorities to recover the debts, Yazeed said “necessary measures” would be taken from 2011 onward if dialogue and other procedures fail.

The Commissioner General did not reveal the amount being sought by the government.

However, an audit report of the former Department of Inland Revenue released in October 2009 revealed that it had failed to collect over Rf1.1 billion (US$85.6 million) in unpaid taxes, fines and resort rent.

“As a result of the department’s inadequate efforts to collect unpaid taxes, as of 31 July 2009, the government has not received Rf117 million (US$9.1 million) in unpaid taxes and fines and none of these monies has been received as of 30 September 2009,” it reads.

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‘New7Wonders’ campaign launched

A national campaign to promote the Maldives for the New7Wonders of Nature launched at the Male’ International Airport yesterday, reports MNBC One.

As part of the campaign, conducted by the Maldives Tourism Promotion Board (MTPB) in collaboration with resorts and the Maldives Airports Company, two voting stations were set up at the airport.

According to MTPB, leaflets and brochures about the Maldives as well as voting forms will now be available from the airport.

The campaign will continue for the next six months.

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Queen of the Netherlands moves islands, causes shock and awe

The sheer speed at which the enormous dredging vessel Queen of the Netherlands has been reclaiming land at various islands has left some islanders open-mouthed with astonishment.

“People were truly in awe,” Hinnavaru Councillor Adam Yousuf told Minivan News.

Yousuf said it had previously taken nine months to dredge six hectares of land in Hinnavaru. The rate of the current reclamation project – 28 hectares of land reclaimed in less than ten days – was hard to believe for most islanders.

Currently Queen of the Netherlands is docked at Haa Dhaal Kulhudhuffushi where, within two weeks, it increased the size of the island by about a third. The growth of the island has left islanders a little disconcerted, Kulhudhuffishi Councillor Jamsheed Mohamed told Minivan News.

“When we wake up in the morning, the island is bigger than we left it the night before,” Mohamed said.

The welcome extended to the reclamation project on Kulhudhuffushi has not been completely unadulterated, however. The impact of the island’s rapid expansion has left the fishermen more than just disorientated.

“One week the harbour was on the West of the island, where it had been for generations. The next, it had moved to the north west,” Kulhudhuffushi fisherman Mohamed Iqbal, Dhinaashaa, told Minivan.

Added to the disconcerting switch is the lack of facilities at the new harbour.

“It is very far from where people live, which means that anybody wanting to buy fish has to walk a longer distance on Kulhudhuffushi than they ever have had to before,” Iqbal explained.

The newly reclaimed area is also far from residential areas, and does not have any electricity either, which makes running a fish market there extremely difficult, he said.

Councillor Mohamed told Minivan that while all the islanders are not happy with the way things are at the moment, they are all expecting them to improve. All islanders had wanted the new land.

“We are all hoping that things will change soon. We are hoping to have a new harbour within less than a year”, Councillor Mohamed said.

Bad weather, combined with unfamiliarity with the new harbour, caused an oil carrier accident as it approached the island on Sunday night.

The state-funded Rf109 million project to reclaim Kulhudhuffushi began on 21 September 2010, and is being carried out by Netherland’s Boskalis International. The Queen of the Netherlands is a trailing suction hopper dredger in its fleet.

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