Month: December 2010

Controversial salary amendments not yet approved, say MPs

MPs “have not taken pay increases”, Deputy Speaker of Parliament Ahmed Nazim has said, despite the Rf20,000 wage hikes for MPs included in the 2011 state budget approved yesterday.

Deputy Speaker Nazim said the proposed wage hikes must receive additional approval by the Majlis before they can take effect.

Despite “cross party support” for budgetary amendments allowing additional MP privileges like salary increases, he said, no wage hikes have actually been approved. Nazim anticipates that the proposals, considered a possible means of improving parliament’s “productivity”, would come under review in March after the recess.

The claims were made at the first session of the Mjalis since it passed the 2011 state budget. It opened to chants of “We need cash” from protesters gathered near the parliament building, angry over the salary amendments passed as part of a budget said to be aimed at cost-cutting.

However, acting Finance Minister Mahmood Razee said he believed the budget had been passed relatively well. He added that any amendments such as those suggested for MPs’ salaries – passed yesterday by a majority of members – would still ultimately require presidential approval.

In addition, the acting Finance Minister said, all amendments would ideally fulfil the commitment to keep the budget at about Rf12.37bn for the year ahead.

These commitments are also focused on trying to ensure a budget deficit of around 16 per cent, which has been sought in an attempt to appease institutions such as the International Monetary Fund (IMF), which suspended finance to the country earlier this year over concerns about it living beyond its means.

However, Nazim, who also serves as Deputy Leader of the opposition People’s Alliance (PA) party, rebuked the optimism shown by the acting finance Minister. He added that concerns remained among some “opposition and independent MPs” over a lack of detail in the budget, such as in the funding of enterprises like the Maldives National Broadcasting Corporation (MNBC).

Addressing the topic of MPs salaries outlined under amendments to parliamentary privileges, Nazim claimed  the salaries were not solely a “money issue”, but were also part of an attempt to test methods for improved “productivity” among the Majlis.

“The amendments were not to do with spending cuts, the salary structures have been amended as part of measures to increase productivity among members, which will be reviewed by parliament’s Public Accounts Committee,” he said. “The figure of Rf20,000 is an upper ceiling level that parliament will look to see whether it can be increased, it doesn’t mean anything has been passed.”

“We are not taking a pay rise,” Nazim added.

In looking at the wider budget, Nazim stressed that there remained concerns among some MPs over a number of proposed amendments to the budget, such as those concerning MNBC, that had been dismissed by Parliamentary speaker Abdullah Shahid as “not in the budget”.

Citing the 2010 budget that he claimed had not outlined funding for the MNBC, Nazim said  the government still provided a total of Rf54m for monthly salaries to the broadcaster, which had not been accounted for once again in the latest state finances.

The Deputy Speaker also noted that the state-owned Maldives National Shipping Limited, which  had required Rf84 million from the government’s contingency budget in 2009 had also required another Rf48 million so far this year.

In light of the recent privatisation agreement with Indian infrastructure group GMR to manage Male’ International Airport, Nazim asked why the government had “not sold off” the shipping enterprise to aid finances.

“The government refused to give this contingency budget out before it was brought to the Majlis,” he said. “They have not cooperated with parliament. Though there have been improvements since the acting [Finance] Minister came in, we still believe there has been systematic abuse of the system.”

From a government perspective, Acting Finance Minister Razee claimed that he believed budget discussions had “actually gone quite well”.

He said the approved budget was within the Rf12.37bn first projected earlier this month, but amendments would require it to “take some funds from existing programmes” so they could be invested elsewhere.

Razee said he remained hopeful that the funding would not significantly impact the proposed target for an annual budget deficit of 16 per cent.

However, he conceded that possible amendments to programmes within the budget could yet “be more significant” in terms of their financial impact than anticipated.

When asked if passing proposed amendments to parliamentary privileges such as increased wages for MPs was a failure for a budget aimed at cost reduction, Razee said that the proposals were not part of the government’s original plan.

“These [privileges] were amendments to existing bills,” he said. “Obviously, these amendments that have been provided would have to be approved by the president, who would decide if there was enough revenue to support such an increase.”

Razee added that he did not have the figures on the exact numbers of MPs and party members who had voted to approve the amendments that included the privileges, though he confirmed they “had been passed by the majority”.

“I can’t say why people voted for it, the amendments had included allowances to independent institutions so perhaps they were confused,” he claimed.

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Police strategy launch focused on challenges of expansion and “emerging” crimes

Despite uncertainty over funding allocated by the 2011 budget, the Maldives Police Service has today unveiled commitments to try and expand its services among a wider number of islands in the Maldives, whilst also prioritising the prevention of “emerging” threats like cyber crime and human trafficking.

The commitments were announced as part of a new strategic plan outlining key focus areas for police between 2011 and 2013. These focuses include aims to extend measures on the prevention of cyber crime, human trafficking, “extremist ideologies” and piracy, along with more day to day crimes such as theft, violence and drug abuse.

Yoonus Sobah, head of the Bureau of Criminal Records and a member of the Police Service’s strategic development department, told Minivan News that any new commitments outlined for policing the nation were tied, and perhaps limited, to the 2011 state budget that had just been passed yesterday.

Saboh said that the force had not therefore outlined any additional projects in the “short run”, such as new island-based police stations or other service extensions.

“Our goal is to have our services increased across the islands, though this has to be linked to the budget,” he said. “Initially, this means there will be no new police stations constructed, though there are five additional structures in development across a number of islands that were already planned.”

According to Sobah, as part of strategy to try and improve delivery of policing across the country, the service is moving ahead with “decentralisation plans” to try and create a strong presence across the country’s capital islands. Such a focus is expected to allow for cases that were previously transferred to Male’ to be examined on a more local regional basis instead, according to the Police Service spokesperson.

On a wider national scale, Sobah said that the new police strategy would aim to increasingly deal with “emerging” larger-scale crimes such as financial misconduct, people smuggling and even maritime protection in conjunction with groups like the Maldivian National Defence Force (MNDF).
“Alongside our commitments to street crime, we will try and prioritise on bigger cases that we are not as experienced in solving, such as cyber crime,” he said.

Sobah added that so called larger or “emerging” crimes also involved potential external threats such as terrorism, piracy and financial crime.

Speaking today during the unveiling of the new three year police strategy at the Iskandhar Koshi bulding, Commissioner Ahmed Faseeh highlighted the importance of serving the people with loyalty and integrity and how the new strategic plan could help met these aims.

“The purpose of the police is to enforce the law and maintain a peaceful environment in the society,” said Faseeh. “This strategic plan was established after conducting research with the practical assistance of the Scottish police.”

In addressing the challenge of “emerging” criminal activity in the Maldives such as cyber crimes, the commissioner said he believed progress was already being made.

”The police have achieved satisfying progress in the last three years when we worked under the recent strategic plan,” he added.

Home minister Afeef claimed that although the last police strategic plan was not fully successful in meeting its aims, police achieved satisfying results nonetheless.

”Other institutions related to the work of the police should also cooperate more to achieve their best,” said Afeef. ”Police are ready to take the risk, although they have to deal with the most violent criminals in the country.”

He also appealed for witnesses at crime scenes to be more cooperative with the police when providing information.

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Education Ministry denies informing Arabiyya School board to mix genders

Deputy Education Minister Dr Abdulla Nazeer has denied his department ordered the management of Arabiyya School to mix classes of male and female students in grade eight in an attempt to solve capacity issues at the site.

Daily newspaper Haveeru has reported that the Principal of Arabiyya School, Sheikh Mohamed Rasheed ibrahim Rasheed, had claimed that management at the site had been informed by the Education Ministry to mix females and males in grades eight and nine to try and solve the capacity issue.

”After the capacity issue of Arabiyya School came to light, outrage was sparked among parents, who then came out to protest,” said Dr Abdull Nazeer. ”Therefore, the ministry looked in to the matter and examined the registry of the school. We found out that there were classes conducted with only 14, 13 or 12 students.”

Dr Nazeer said that the ministry then advised the school management that if these classes were merged, the issue would be solved ”as the standard capacity for a classroom is 32 students.”

”If the school management wishes, they could still continue the classes with fewer students,” Dr Nazeer said. ”We never forced or ordered the school management to do so.” He added that most of the classes in Arabiyya School already had female and male pupils studying together.

However, Haveeru quoted Arabiyya’s principal as saying that he was not comfortable with allowing female and male students to receive mixed education in grade eight and nine due to religious and social concerns.

Sheikh Rasheed added that his concerns were shared by parents of the school’s students.

According to Haveeru, the decision to merge classes would allow 64 students to enrol in grade one of Arabiyya School. Sheikh Rasheed was not available for comment at the time of going to press when contacted by Minivan News.

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Former MDP leader shaping new political party

The former Maldivian Democratic Party (MDP) president, Dr Mohamed Munawwar, appears set to helm a new political party within the Maldives after submitting 3258 names to the Elections Commission for registration, Miadhu has reported.

Under the name of the Maldives Reform Movement, Dr Munawwar has claimed the new party is expected to be represented by young Maldivians, adding that no “famous” political figures have yet to join with him.

Elections Commissioner Fuad Thaufeeq has said that time would be needed to process and verify the 3258 names it had been presented, Maidhu added. Under Commission regulations, a party must have 3000 available members to be considered for official registration

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Anti-Majlis protests hit the capital’s streets

Hundreds of protesters have today gathered near parliament to call on the abolition of the Majlis, citing anger over the passing of a bill to extend MP privileges within the state budget.

Activists, which sources have claimed support a number of political parties, joined civil servants, NGOs and other workers near the parliament building to protest against the actions of the Majlis, leading police to restrict access to some streets around the area.

The outrage was said to have been sparked yesterday when parliament passed allowances for parliamentarians that the protesters believe is ‘’way too much’’.

According to the new bill, parliamentarians will receive an additional Rf20,000 to their salary for attending committees, while also being allowed to import vehicles without paying any duty on them. The parliament also approved measures to reinstate the salaries of independent commissions, while failing to address the reduced salaries of civil servants.

This decision has led protesters to claim that MPs were working for their self-interest in the name of working for the nation and citizens in their work.

By this afternoon, a group of protesters brought a box written “Majlis Fund” that was passed beyond the police barrier, before they joined others in heavily criticizing the country’s MPs.

As a result, local media reported that tempers also flared within parliament, as rival MPs clashed with each other forcing speaker Abdulla Shahid to cancel today’s sitting. Haveeru said that some MPs had argued to withdraw the bill for amendment, with Dhivehi Rayyithunge Party (DRP) MP Ahmed Maloof one of the names said to support a repeal of the privileges bill on claims that it was against the “pulse of the people”.

Today’s street protests follow on from similar action undertaken last night by the ‘Tortured Victims Association’, which was disrupted after some people present clashed with the Maldivian Democratic Party (MDP) parliamentarian group leader Moosa ‘Reeco’ Manik, verbally assaulting him over the issue of budget.

The protest, which involved around 20 to 30 people over practices of torture allegedly committed under the rule of former President Maumoon Abdul Gayoom, ended up as a protest against all the parliamentarians. A few protesters then marched towards the house of Speaker of the Parliament Abdulla Shahid later in the evening.

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Budget approved with five amendments: report

The Majlis have approved the 2011 state budget just days ahead of a constitutionally-mandated New Year deadline.

The budget was approved this afternoon with five amendments after 69 out of 76 members present within parliament voted in favour of the finance plan; four members voted against the plans, Haveeru has reported.

A total of five amendments and 18 recommendations were put forward for the budget, though Parliamentary Speaker Abdulla Shahid reportedly ruled “most” of the amendments for being “unconstitutional”.

Parliamentary members including representatives for both the ruling Maldivian Democratic Party (MDP) and the opposition Dhivehi Rayyithunge Party (DRP) were unavailable or unwilling to comment on the budget to Minivan News at the time of going to press, other than to confirm the budget had been passed.

Among the amendments reported to have been included were the transfer of Rf7.1 million from an infrastructure development fund to help the Islamic Ministry with mosque renovation, which was submitted by Fares-Maathoda MP Ibrahim Muthalib.  The amendment was approved by 38 votes to 35 against.

Other recommendations adopted in the budget included the prioritising of harbour developments and revetment projects based on a system of merit and those islands most in need, as well as the provision of subsidies for parties providing electricity in areas with an absence of a powerhouse or utilities companies.

A recommendation forwarded by Inguraidhoo MP Hamdoon Hameed calling on the National Planning Department to publish a quarterly report with updates on projects from both loan aid and individual funding was also approved 71 to two in favour. Hameed also had a recommendation to include individual project details within next year’s annual budget approved by a similar margin.

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Inmates in Maafushi prison allegedly injured after clashes with prison officers

It is alleged that violent clashes between inmates and prison officers have erupted at Maafushi prison over the last few days as inmates reportedly attempted to inform prison officers about the illness of a cell-bound inmate.

”On Monday night an inmate’s medical condition appeared to become serious and the other prisoners tried to call to the prison officers, but they never responded.  So the inmates knocked the prison bars to get the attention of prison officers,” a person familiar with the incident told Minivan News on condition of anonymity.  ”Then a squad of prison officers came to the cell and beat down those who shook the bars.”

He claimed that violence again erupted yesterday afternoon after prison officers armed with metal and wooden batons came inside the cell leading to violent clashes between prison officers and the inmates.

”One inmate got a broken shoulder, another inmate broke his nose and another injured his eyes because prison officers hit and broke the glasses he was wearing,” he alleged. ”Nobody cares for the inmates, only some politicians speak about it, but only for political purposes and not with the intention of correcting anything.”

He also claimed that recently, inmates had demanded to see the prison warden over allegations that prisoners who were kept in isolation for hours were also tortured with batons.

”There has never been any treatment programs held inside the prison, all that the prison officers do is threaten and torture,” claimed the anonymous source.

The source also claimed that fellow prisoners were expected to very soon “stand up for the nation” and reveal the secrets hidden behind the work of the political figures in the country.

”Infamous ‘Chicka’ [Ibrahim Nafiz] will also be out from the prison one day, he will tell the people publicly about the work former Commissioner of Police Brigadier Adam Zahir assigned him to do,” he said. ”It would not be kept as a secret anymore.”

Head of Department and Penitentiary and Rehabilitation Services [DPRS] Moosa Azim told Minivan News that clashes between inmates and prison officers take place very often and that it was ”nothing too serious.”

”Everyday there will be a clash between the inmates and prison officers,” said Azim. ”We give the highest priority to the safety of the inmates, then the safety of our staffs.”

He said that he had no information about the clash that occurred yesterday and Monday night.

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Majlis amend laws over Rf600,000 a year retirement package to former judge with fraud record

The Majlis yesterday amended the Judges’ Act (13/2010) to award a Rf 53,250 monthly retirement package to former Interim-Supreme Court Justice Mujthaz Fahmy, who was found to have embezzled state funds in 1996.

Former Justice Fahmy claimed, by fraudulent means, Rf900 in overtime pay while working as a judge at former Court No.2 in 1996. A development that casts doubt over his moral character and according to the principle of hadd offences, whether he met the constitutionally-stipulated Islamic qualifications required for the bench.

According to a letter seen by Minivan News that was sent to the Justice Ministry by the Anti-Corruption Board in June 2009, former Justice Fahmy and another judge were said to have deliberately omitted their working hours from attendance records to carry out the deception, and to fraudulently obtain pay for work they had not done.

None of the 77 MPs who were present when the retirement package was passed yesterday raised the question of former Justice Fhamy’s fraud record, despite some MPs openly admitting the package was being introduced especially for the former Justice.

Dismissing any objections to the extraordinary circumstance where the nation’s legislative body passes a law designed for a specific person, Vilufushi MP Riyaz Rasheed said, “Even though it may appear today that this is an amendment proposed for one person only, it is something that we have to do for the future.”

MP Rasheed also pointed out that the People’s Majlis passing a law for the benefit of one particular person is not without precedent. He asked members to recall another similar legislation passed with former President Maumoon Abdul Gayoom in mind.

MP Afraasheem Ali, who had introduced one of the amendments, also made it clear that it was a purpose-built package for former Justice Fahmy.

“I believe that it will enhance the strength of the country’s judiciary immensely if we were to award these benefits, as we have proposed in the amendments, to Mr Mujthaz, the judge who recently left the Supreme Court”, MP Afraasheem Ali said.

MP Afraasheem said judges are awarded high salaries and benefits to ensure their ethical and disciplinary standards, and that it is essential for them to continue to be able to uphold their dignity and impeccable ethical standards even after they leave office.

“If a retired Justice were forced to wheel a cart on the street after leaving the bench, it will not give them the respect and the love that they received in office, and still deserve”. That is why, he said, it was essential for Mujthaz – who was specifically named in the Majlis – to be awarded the package.

Constitutional requirements

Article 149 of the 2008 Constitution requires that only those who possess the stipulated educational qualifications and competence, in addition to a “high moral character”, are eligible for the bench.

It also stipulates that only those who “have not been convicted of an offence for which a hadd is prescribed in Islam, criminal breach of trust, or bribery” should be allowed on the bench.

Theft, big or small, is one of the hadd offences prescribed in Islam.

A judge’s required professional qualifications, as stipulated under the Constitution, requires education in Islamic Shari’ah or law in addition to a minimum of seven years experience.

Former Justice Fahmy’s education qualifications, although a matter of public interest, are not publicly available. Documents seen by Minivan News show that in addition to the “Sentencing Certificate” with which former Justice Fahmy first sat on the bench, he has undergone four other training programmes in the last 29 years.

In 1985, he attended a two-month “Training for Island Court Judges”; a four-month “Training to Upgrade Judges” in 1996 – the same year in which he was found to have made fraudulent claims for overtime; a month long “Computer Course conducted by CPL” in 1998; and a four-day training programme conducted for Maldivian Judges and Court Administrators in Singapore in October 2007.

According to these records, Justice Fahmy spent a combined total of roughly eight months –217 days – spread over a period of 26 years training for his career in the judiciary, which ultimately put him on the Interim-Supreme Court bench and has now provided him with the lifetime retirement package of Rf600,000.

The above total does not include the unspecified number of days it took him to acquire the initial “Sentencing Certificate”, but includes the month in 1998 which he took to learn how to use a computer.

There is no record of whether or not former Justice Fahmy had any formal education before acquiring his sentencing ‘sanadh’ or certificate.

A law degree takes an average of four years to obtain, and has higher entry requirements than most other faculties in the humanities.

Article 285 of the Constitution required that the Judicial Service Commission – established to oversee the professional, ethical and disciplinary standards of the judiciary – remove from the bench by August 2010 any sitting judge who did not fit the criteria stipulated in Article 149.

Former Justice Fahmy himself was the Vice Chair of the Judicial Service Commission from 2008 to 2010. He was removed on 7 August 2010, when the Interim Supreme Court was abolished and the Supreme Court proper established in its place. He also lost his seat in the JSC as a result.

MP Afraasheem, who introduced part of the amendments to reward former Justice Fahmy the retirement package, is also on the Judicial Service Commission and was a colleague of former Justice Fahmy.

MP Afraasheem is on record as having said that Article 285 is “symbolic”, suggesting that he does not regard the Constitutional stipulations concerning a judge’s qualifications and moral character as legally binding.

Fonadhoo MP Abdul Raheem Abdulla, who introduced the amendments at Majlis yesterday, is in the Parliamentary Oversight Committee for Independent Commissions, with oversight of the Judicial Service Commission.

Speaker Abdulla Shahid is also a member of the JSC.

MP Afraasheem also proposed to the Majlis yesterday that the benefits package for retired Supreme Court Judges should begin from 7 August 2010. It was the day on which former Justice Fahmy was ousted from the two positions he held – the Interim-Supreme Court bench and the JSC seat.

Job benefits

Minivan News has also learnt that despite Justice Fahmy not having been a member of the judiciary for the last four months, he has continued to receive full salary and benefits “pending a decision by the Majlis”.

The salary for a Supreme Court Justice is Rf51,000, plus Rf20,000 in living allowances.

A “Special Car”, or “Kaaru Kolhu” as well as medical insurance worth Rf12,000 is also part of the monthly remunerations.

The amendments approved by Majlis yesterday also entitles a Supreme Court Justice who retires after 20-25 years of service to two thirds of a serving Supreme Court Justice’s salary.

If the retirement is after 25 years of service, they are entitled to three fourths of the salary. Benefits and other living expenses as well as state protection, and the status of a dignitary are also included in the package.

It will become law if President Nasheed ratifies the amendments within fifteen days of receiving them from the Majlis.

hadd offences
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Restaurant apologises after police called over “festive” Christmas menu

Management at the Jade Bistro cafe on Boduthakurufaanu Magu have apologised to any Maldivians that may have been offended by a “festive” lunch promotion offered over the Christmas period that has since attracted protests and the attention of police in the capital.

The offer was criticised as a Christmas celebration by religious groups like the Adhaalath Party and the Islamic Foundation of the Maldives (IFM), which have both praised local police for yesterday stopping the promotion at the café.

Police Sub-Inspector Ahmed Shiyam said that officers had been sent to the cafe after complaints were received from a member of the public about the incident.

‘’The place was decorated for Christmas with items related to the celebration, police arrested one person from the cafe to clarify more information about the case. They were also released last night,’’ said Shiyam.

In a statement addressed to the “people of Maldives”, the management at Jade bistro apologised to anyone “offended” by the incident, which it said had been a special promotional lunch for expats living and working in the Maldives.

“Our intention was never to upset anyone,” the statement read. “We offered a promotion to those who were away from their homes and families and wanted to enjoy a traditional meal with friends. This promotion was simply about good food and nothing else.”

Jade Bistro added in the statement that the restaurant appealed to a number of different nationalities and “that it regularly offers different themed menu promotions.”

However, the leader of Adhaalath Party, Sheikh Hussein Rasheed, said that celebrating Christmas was unlawful and that it was a responsibility of the police to stop those events.

‘’In a society there will be different types of persons,’’ said Sheikh Hussein. ‘’It really does not matter whether it is allowed in Islam for non-Muslims to celebrate their religious days, because it is prohibited in the constitution of the Maldives.’’ He also added that everyone including foreigners should respect the laws of the country.

IFM President Ibrahim Fauzy added that it was prohibited in Islam to allow non-Muslims celebrate their holidays in places where Muslims live.
‘’It is unconstitutional and prohibited by many laws at the same time,’’ said Fauzy.

A group of protesters also gathered near the café last night to express disapproval for celebrating Christmas.

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