Day: October 7, 2010

Judicial Service Commission sued for negligence, says its decisions “affect only judges”

Judicial Service Commission (JSC), the constitutionally mandated body responsible for ensuring the standards of the nation’s judiciary, has said its decisions have a direct effect only on judges.

The JSC was defending against allegations of professional negligence made by Treasure Island Limited at a Civil Court hearing today.

“Treasure Island is not directly affected by the JSC decision not to investigate the complaints it made against the judges, and therefore, does not have any legal right whatsoever to bring a case against the Commission”, the legal representative for JSC, Abdul Faththah, told Judge Mariyam Nihayath.

Treasure Island has alleged that the JSC failed to execute its responsibilities by neglecting to investigate three complaints submitted in 2009. The JSC has a special sub-committee of five members, set up specifically to investigate complaints against the judiciary.

The complaints of misconduct concern two judges – Judge Ali Naseer and former Supreme Court Justice Mujthaz Fahmy, also former head of JSC. At the time Treasure Island made the complaints to the JSC, Justice Fahmy was the Comission’s deputy chair.

The cases in which Treasure Island complained of misconduct by judges involve some prominent members of the tourism industry, including the Ministry of Tourism, and a sum of money amounting to over a million US dollars.

Treasure Island complained to the JSC that Judge Ali Naseer wrongfully excluded the company’s evidence from a 2008 case in order to rule against it.

It told the JSC that at another hearing, then chief Civil Court Judge Fahmy threw out a Treasure Island case by calling an emergency sitting at 9:00pm on the evening of 14 May 2008.

Treasure Island complained that although it was summoned to the hearing, the defendants were not present when Judge Fahmy dismissed the case.

The JSC argued at today’s hearing that the constitutional right of every person, group or member of a community directly affected by administrative action to take the matter to court did not apply to Treasure Island.

“It is only the judge against whom the Commission takes disciplinary action that will be affected by the action and not Treasure Island,” Faththah argued. “Therefore, Treasure Island does not have any legal right to bring the matter to court”.

The JSC also denied the allegation that it had refused to investigate the complaints made by Treasure Island, and submitted to court a copy of its reply to the company’s first complaint. The one line response dated 28 July 2009 stated: “This is to inform you that we do not see anything in your letter to which this commission needs to respond.”

The JSC’s response to the second complaint, in August 2009, was to say that it was neither its responsibility nor within the mandate of the JSC to investigate the ruling of a judge, and reminded the complainant of appeal mechanisms available to anyone dissatisfied with a decision of the court.

In today’s hearing, the JSC’s Legal Officer, Faththah told the court that both the constitution and the JSC regulations state unequivocally that it has the choice to ignore any complaints that it does not see as valid or genuine.

The criteria for what constitutes a valid or genuine complaint is not defined in either document, and is left to the discretion of JSC members.

“To describe the commission’s decision to exercise a legally sanctioned choice as illegal is an allegation with no basis in law,” he told Judge Nihayath.

Article 163 of the Constitution also stipulates that any decision of the JSC “shall be taken by a majority of the members present and voting”. The JSC’s submission to court today did not refer to the stipulation, nor did its responses to Treasure Island make it clear that the decision not to investigate the complaints were made in the required manner.

Minivan has learned that 118 complaints against the conduct of judges have been made at the Complaints Committee of the JSC this year alone. Not one of the complaints have been investigated.

A meeting of the Committee was scheduled for 6 October 2010, a day ahead of the Treasure Island hearing in court. The meeting could not go ahead as planned, however, as only two members attended. Three members are required to attend before a meeting can be held.

Minivan has also learned that yesterday’s meeting was the first one scheduled by the Complaints Committee in the last five months despite the large number of complaints pending.

Treasure Island today refused an offer of an out of court settlement made by the JSC. Director Ali Hussein Manik told Judge Nihayath that he was tired of “going again and again to the JSC” and that he wanted a decision of the court.

Judge Nihayath adjourned the case until 17 October 2010, agreeing to a request by Manik to give him time to consider JSC’s submissions today.

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New copyright law will hurt small businesses, claim MPs

New copyrights legislation passed on Wednesday could potentially be harmful for small businesses in the country, MPs from both sides of the aisle cautioned at yesterday’s sitting of parliament.

Opposition Dhivehi Rayyithunge Party (DRP) MP Dr Abdulla Mausoom argued that the new laws would pose challenges for small business who rely on “fake products”.

“The government should conduct broad awareness programmes to circulate information on the new law, it would be a huge loss for the small businessman,” he said. “But the bill is more like a prevention bill than a bill dedicated for punishments.”

Once ratified, anyone found guilty of violating the Copy Right Act could be fined between Rf50,000-Rf300,000 (US$3800-US$23,400) or sentenced for six months imprisonment or banishment.

“My greatest concern is that people might suffer the penalties without knowing about the Copy Right Act. Not being informed is not an excuse before the law,” Dr Mausoom said.

It was essential for the government to establish a culture of respecting the rule of law within the government, he added.

Speaking at the 47th session of the World Intellectual Property Organisation (WIPO) in September 2009, former Economic Development Minister Mohamed Rasheed announced that the Maldives intended to be in full compliance with international intellectual property (IP) obligations by December 2010.

At yesterday’s sitting, Maldivian Democratic Party (MDP) MP Mohamed Shifaz agreed with opposition MPs that the law could create complications for small businesses.

“Small businesses rely on the market of trading copied properties, either it is T-shirts, videos or songs,” Shifaz said. “After this law is enforced the trade of fake logo products would be prohibited.”

Shifaz said that the government intended to provide assistance for small businesses to adjust to the new legal framework.

“I personally think the amount of the fine is way too high, however, that is passed now, and now we are trying to figure out a solution,” he said. “It is also questionable whether the new Act can actually be enforced.”

However, Dr Mausoom argued that the Act could be enforced if owners of intellectual property seek protection under the new laws.

“It is their product and they should start taking legal action for losses and then there is the role of the government as well,” he said.

A number of small businesses in the Maldives rely heavily on the trade of pirated products, notably in the music and movie industries.

Pirated copies of video games and computer software are highly popular among Maldivian customers – even the cash-strapped government has been observed to regularly use illegitimate software.

However the lack of copyright legislation has led to reluctance among foreign investors to invest in a market with no legal protections.

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35 year-old woman found dead in Male’ swimming track

Police discovered the body of a 35-year-old woman at the track swimming area in Male’ last night.

Police Sub-Inspector Ahmed Shiyam told Minivan News that the body was identified and handed over to the family last night.

“According to what we found out, she went out searching for her child,” he said. “It is too early to determine whether the death was a suicide attempt.”

Police went to the area after alarmed swimmers reported a dead body floating at the track.

“We didn’t see any suspicious evidence to indicate that it was a suicide attempt,” said Shiyam.

Those at the swimming track when the body was discovered said that the woman’ slipper was found outside the swimming area and that there were no visible external injuries, and speculated that the woman drowned accidentally.

In May, an 11-year-old boy drowned in the track swimming area after he became entangled in a piece of rope underwater.

The track area is one of the only two swimming areas in the capital, which is used by elderly people as well as children.

There are currently no life guards or other safety measures in the track swimming area.

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No Dhivehi word for folklore, note Hay Festival lineup

The Hay Festival may stimulate the creation of a new Dhivehi word for Folklore, after Abdulla Sodiq and Habeeba Hussain Habeeb came together with Badru Naseer to prepare for their live event, which will take place on the outdoor stage on Friday 15 October.

The trio realised that there was no Dhivehi word for ‘folklore’, and discussed the creation of a new term to reclaim and draw together Maldivian stories from long ago.

‘Vehi Vaahaka’ was suggested, however, whether this will take remains open to debate and the
conversation will continue during their festival event on Aarah.

Meanwhile the Dhivehi Raivaru event line up has been revealed, with three young voices taking to the stage on Saturday 16 October, as part of Hay Festival Maldives’ celebration of Maldivian culture.

Hussain Mubarik from Laamu Atoll, Fathimath Shiuna from Male’ and Dunya Abdul Rahmaan, currently studying at Hiriyaa School Male’, will sing to the festival audience in what promises to be a unique event.

The workshop programme on the final day of the festival has also been announced, and is dedicated to the next generation of artists and thinkers.

Workshops for schools and faculties will take place, so that students can learn from experts about a wide variety of subjects, all with the sole aim of encouraging and inspiring participation.

Through the festival, children and young people will have the world of writing, journalism, art, music and science at their fingertips.

The workshop and talks programme includes: Horticulturist and television presenter Monty Don gardening with students on Soneva Gili, environmental expert Mark Lynas brainstorming on climate change and freelance journalist Anita Sethi on blogging and the internet.

Science correspondent at The Guardian, Alok Jha, will look at writing comment pieces, interview techniques and the importance of research. Internationally acclaimed novelist Ian McEwan will revisit the start of his creative writing career, while Sabina Manik, the established artist and poet, will lead a session on poetry.

United Artists of Maldives will bring an Introduction to Visual Art into classrooms and students will discover the versatility of items usually cast into the rubbish bin with Maldivian Youth Climate Network, whilst also learning about the vital need to reduce waste in our everyday lives.

The Hay Festival Maldives aims to celebrate the archipelago both as a global treasure and as a rich and diverse heritage drawing on two thousand years of poetry, music and art.

Facing the urgent environmental challenge of climate change, and armed with the power of pluralist democracy, Festival organisers describe the event as “a great opportunity to talk and play together for these four days and to revel in the astonishing wealth of culture that complements the world’s most beautiful and vulnerable islands.”

Residents’ Day Passes
Friday 15 October – 50 Rf
Saturday 16 October – 100 Rf

Tickets include all events on Aarah and return transport from Male. The residents’ box office is located at Olympus. Tickets can be bought in person at the box office between 1pm and 10pm, or by phone on 991 1429.

Non-Residents’ Day Passes
Friday 15 October – $50 USD
Saturday 16 October – $100 USD

Tickets include all events on Aarah and return transport from participating resorts. Non-residents can book online at www.hayfestival.com or by phone on +44 (0)1497 822 629.

All tickets will also be available at the Celebration Launch at the Artificial Beach on Thursday 14 October. Please note the Celebration Launch is a non-ticketed, free event.

Minivan News is a media partner of the Hay Festival Maldives.

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Indian Ocean is India’s soft underbelly, says Nasheed

The Indian Ocean is India’s soft underbelly, President Mohamed Nasheed has told Indian media.

Sify News reported that the Maldivian President sought to allay concerns here that Maldives could be used as a route to attack India although he acknowledged that some nationals of his country were getting terror training in Pakistan and some other countries.

“Terrorism issue is apolitical. We have to get a good grip on it,” Nasheed said in an interview while talking about the menace which is a cause of concern for the region and beyond.

“Security issues in Indian Ocean have lately been getting more and more serious…I mean we see the Mumbai attack also as an Indian ocean issue,” he said.

Noting that “India’s soft belly is through Indian Ocean” and no government in Delhi would be comfortable with it being exposed, he said Maldives and India are undertaking coordinated patrolling of the maritime areas.

“We have an understanding with India in patrolling… it is happening,” he said, adding India had also lent a helicopter for aerial surveillance of the Indian Ocean region.

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President meets new Bangladeshi High Commissioner

President Mohamed Nasheed has accepted the credentials of the new Bangladeshi High Commissioner accredited to the Maldives, Rear Admiral Abu Saeed Mohamed Abdul Awal.

Nasheed noted that the Maldives and Bangladesh enjoyed close friendly relations and that continued cooperation had enhanced these ties over the years. He said the Maldives valued Bangladesh’s friendship and was committed to forge even closer relations in the years ahead.

The High Commissioner assured the President of Bangladesh’s continued cooperation with the Maldives during his tenure. He also commended President Nasheed’s efforts to highlight the seriousness of climate change.

Rear Admiral Abu Saeed replaces Professor Selina Muhsin, an outspoken opponent of human trafficking and the exploitation of foreign labour.

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Letter in defence of Luthfy

Dear beloved citizens of Maldives,

I have been seeing these accusations against the Minister of Education Dr Mustafa Luthfy and just could not stand still.

When a person is accused of such delicate issues like going against the religion or making little children move away from our religion it becomes a serious matter.

I was in the education sector in the previous government for more than 15 years before this government came into power. Speaking as a person who loves the education sector, I can say that the present Education Minister has brought more changes for its betterment than any others I have seen.

I am not in any political party and I do not support any party. I just do not believe that a person who works for the betterment of our children will stray from the path of our religious views.

Dr. Mustafa has brought so many positive changes to the education sector, and this can be seen in the schools. He loves the students. That is apparent in everything he does. It is sad to see people who do not have any interest in seeing the insides of the schools speak so openly in a negative manner.

If these people had any interest in creating a better religious youth, why not get all the youth who are hanging around each and every road corner and teach them something? Why not get them actively involved in social activities? Why not invite themselves into the schools and observe the classes? Why not do something practical without just defaming the character of a good man? If co-education was bad then why was it practiced in Maldives all these years? This is not something new which is being introduced. It has been practiced for years and years. Please remember that.

I call these people who so vehemently speak against co-education to stop and think before saying something. Please do not teach our children to dislike others. Do not create hatred in the minds of our children. Let them grow up to be multi-talented, hard working, honest and highly educated children.

Please think twice before you take these steps. Please do not use our children to make a name for yourselves.

I take this opportunity to thank the Minister of Education for his hard work and dedication. We are with you Dr Mustafa. Go forward with your head held high. You have done nothing of which to be ashamed.

With kind regards,

Mohamed

All letters are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write a letter piece, please submit it to [email protected]

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Nasheed installs solar panels on roof, Obama close behind

President Mohamed Nasheed this morning clambered onto his roof and assisted with the installation of 48 solar panel modules on the presidential residence of Muleaage.

“Solar power helps combat climate change, reduces our dependency on imported oil and most importantly cuts our electricity costs,” Nasheed told assembled journalists, in his bright orange hard hat.

Yesterday, US President Barack Obama announced he would be following suit by lining the roof of the White House with photo voltaic cells and installing a solar-powered water heater.

The Muleaage solar system provides 11.5 kilowatts of peak output, enough to power almost 200 standard 60 watt light bulbs, and will save the country US$300,000 over the life of the system. The panels were donated pro bono by LG Electronics, while Sungevity trained local staff to install and maintain the panels.

Moreover, the system is plugged into the city’s grid and any power not being used will be fed back into the system.

The design itself was competed by Sungevity from its offices in Oakland California, without taking even a tape measure to the president’s roof. Using a software algorithm developed by a high school student at Sydney Grammar School in Australia, aerial photographs of Male’ and trigonometry to determine the azimuth of the President’s roof, Sungevity was able to calculate Muleaage’s solar efficiency with a one percent margin of error.

The company is now conducting an energy audit of the building to identify way to cut energy wastage.

“We are proud he chose Sungevity to coordinate the design of a system from halfway around the world,” said the company’s founder, former Greenpeace campaigner Danny Kennedy. “Saving energy and going solar are the keys to unlocking economic growth and energy security.”

The Maldives is presently entirely reliant on imported fossil fuels, and the high cost of electricity – particularly in islands, where it can double – remains a political hot potato, as well as placing the country at the mercy of fluctuating oil prices.

The country’s state-owned power provider, STELCO, faced a loss of Rf547 million (US$43 million) in 2008 and was operating at a daily loss of Rf320,000 (US$25,000), building up staggering levels of debt.

Significant anger was directed at Nasheed’s government when it raised prices to reflect the real cost of providing the utility, culminating in an opposition-led ‘Red Notice’ protest in May which left scores injured.

Following a tense three-hour stand-off, police used water canons and then tear gas to disperse the crowd and took a number of DRP activists into custody. At street-level politics in Male’, the rising cost of electricity comes second only to fears of rising crime and is a key domestic point of contention with Nasheed’s government. It is not uncommon to hear of families paying up to a third of their incomes to STELCO.

This means that unlike many other countries, the Maldives has a strong political as well as economic imperative to drop the cost with proven renewable energy, suggesting Nasheed’s rooftop antics this morning were less of a publicity stunt and more a way of raising the profile of solar technology as a proven alternative.

“The average price in the US is now US$0.24 a kilowatt, which makes solar power already a third cheaper than grid electricity in the Maldives,” noted Danny Kennedy, in an earlier interview with Minivan News.

“The Maldives can move to clean fuel, hedging against fuel price rises while taking on the vested interests of incumbent technology.”

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Comment: Maldives introduces landmark UN Resolution on Freedom of Peaceful Assembly and Association

The Maldives played a key role in recent weeks for the fruition of this new resolution which was adopted by the UN Human Rights Council without a vote last Thursday. The resolution, which was jointly introduced by the United States, Czech Republic, Lithuania, Mexico, Nigeria, Indonesia and the Maldives, reaffirms that “the rights to freedom of peaceful assembly and of association are essential components of democracy … to, inter alia, express their political opinions, engage in literary and artistic pursuits and other cultural, economic and social activities, engage in religious observances or other beliefs, form and join trade unions and cooperatives, and elect leaders to represent their interests and hold them accountable.”

“Only a few years ago, these rights (to freedom of assembly and association) were strictly curtailed and there were no legal channels to hold leaders accountable. The current leadership of His Excellency President Mohamed Nasheed began as an opposition movement where he was regularly arrested while trying to assert his rights”, said Ambassador Iruthisham Adam, Permanent Representative of the Maldivian Mission in Geneva, when she introduced the draft resolution at the UN Human Rights Council last week, which decided to create the first-ever Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association.

The efforts at the UN level by the Maldives, which has made progressive strides in the transition from an essentially autocratic state after the fall of former President Maumoon Abul Gayoom’s 30-year term, have been widely welcomed amongst human rights groups.

In view of this landmark development contributed by the Maldives, the country should continue to lead in this initiative by ensuring that the provisions for the rights to assemble in peaceful demonstrations are consistently represented in the Maldivian legislation, to address the incidents of the violations of freedom of assembly and association in practice by law enforcement authorities.

The domestic regulation known as the “regulation concerning assembly” requires three organisers of public assemblies to submit a written form to the police 14 days prior to gathering. This appears to be in contradiction to Article 32 of the Maldivian Constitution which enshrines the right to freedom of assembly “without prior permission from the State”.

This irregularity has at times been used by authorities who selectively apply the provisions of the regulation for the purpose of ending peaceful demonstrations.

Ahmed Irfan, Executive Director of the Maldivian Democracy Network (MDN), stressed that “the Maldives in addition to all other co-sponsors of the resolution must act swiftly to ensure that domestic laws and regulations regarding freedom of assembly and association fully respect and adhere to those rights.”

The newly established mandate of the Special Rapporteur includes, among others, studying trends, developments and challenges in relation to the exercise of the rights to freedom of peaceful assembly and association and making recommendations.

The Special Rapporteur will also report on violations of the rights to freedom of peaceful assembly and association, as well as discrimination, threats or use of violence, harassment, persecution, intimidation or reprisals directed at persons exercising these rights. This mandate is one of the most relevant for Asian countries, particularly for human rights defenders, trade unionists and migrants in the region. Time and again, civil society organizations throughout Asia have faced brutality, suppression and severe restrictions when exercising their rights to assemble and associate.

The UN resolution has the potential to usher in new opportunities of significant importance, particularly if the provisions outlined in the resolution are implemented at the national level and close cooperation is sought by the State with the Special Rapporteur.

It is clear that the international community has benefited from contributions of the Maldives at the UN Human Rights Council, also exemplified by the groundbreaking resolution on “Human Rights and Climate Change” which was tabled by the Maldives in March 2008.

At the sub-regional level, human rights groups have been encouraged by the proposal of President Nasheed during the SAARC Summit in April 2010 to establish a South Asian human rights mechanism. It remains to be seen how the innovative and dedicated approach of the Maldives in its international capacities will resonate in the country for a full implementation of its human rights obligations, which is currently being compromised due to the political deadlock in the People’s Majlis.

As the Maldives will stand before the Universal Periodic Review (UPR) in coming November, it would be prudent to view this as a national opportunity to raise awareness and publicity of human rights challenges and obligations with the view to overcome the deadlock so that the promotion and protection of human rights can be fully realised in the Maldives.

Yap Swee Seng is Executive Director of the Asian Forum for Human Rights and Development (FORUM-ASIA).

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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