Three children lost on a canoe

Three children from Hulhudhufaaru in Raa Atoll have been lost in a canoe, reports police.

Police reported that the three kids went out to the ocean on a canoe yesterday and there was as yet no sign of them.

There were 14 year-old boy and two nine year-old boys aboard the canoe when it left, according to police.

Police and Maldives National Defence Force are searching the area for the missing children.

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First shipment of US security assistance arrives in the Maldives

The first shipment of a US$3.9 million security assistance package has been delivered to the Maldives by representatives from the United States Pacific Command.

The equipment and training in intended to train and equip the Maldives National Defence Force Special Forces Unit.

Announcing the arrival of the package, the US observed that defence cooperation between the US and the Maldives had increased markedly since 2008.

“Both nations share national security interests in countering violent extremism, narcotics trafficking, piracy and other maritime crime,” read a statement from the US Embassy in Colombo.

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Islamic Ministry sends letter to president over co-education

The Ministry of Islamic Affairs has sent a letter to the President criticising Education Minister Dr Mustafa Luthfy for introducing co-education.

The Education Ministry has argued that all schools apart from four are already co-educational.

In the letter, the Ministry claimed that Maldivian educational policies were intended “to repel students away from the creed of Islam.”

Miadhu reported that 40 parents and guardians of students protested outside the President’s residence over the weekend.

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Tourism Ministry owed over Rf1.3 billion (US$78 million) in rents and tourism taxes

The Tourism Ministry and the Maldives Island Revenue Authority (MIRA) have asked resorts to pay over Rf1.3 billion (US$101 million) in unpaid resort rents and Rf5.8 million (US$458,000) in tourism taxes.

Most of the money – Rf1 billion – is owed by island unidentified by the Ministry, leased for resort development, reports Haveeru. The newspaper claimed the island was Hudhufushi in Lhaviyani atoll.

Speaking to Haveeru, Deputy Tourism Minister Ismail Yasir said the government has failed twice in court to terminate the agreement with the resort developer.

“Discussions are underway with the Attorney General’s Office for the further procedures in procuring the money,” Yasir told Haveeru.

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NGOs and parents protest against education sector outside president’s residence

A coalition of NGOs have begun a series of protests outside the President’s residence to express disapproval of the education sector of the Maldives.

A spokesperson for the NGO coalition, Ibrahim Moahmed, told Minivan News that the protesters waited peacefully outside the presidential residence over the weekend to express their disapproval of the education minister and his policy.

“There were parents, NGOs and other concerned people of the nation regarding numerous issues concerning the education sector,” said Ibrahim. “A person came from inside and told us we would get an appointment with the President tomorrow, and we all dispersed.”

Ibrahim said the NGO coalition consisted “of 127 NGOs.”

“50-60 people joined the protest,” he said.

The Education Ministry’s move towards co-education across all schools in the Maldives – currently only four are single sex – has drawn considerable consternation from many religious conservatives. Education Minister Dr Mustafa Luthfy is again in the spotlight after protests were held outside his house earlier this year following a proposal from the Ministry’s steering committee suggesting that Islam and Dhivehi be made optional at A-level.

Currently only 2000 of the 10,000 students who sit O-levels each year pass enough subjects to continue to A-level studies. This troubling statistic, identified by Luthfy as one of the country’s key social problems, results in approximately 8000 disaffected 15-16 year-olds released onto the streets annually, with little hope of finding a job until they turn 18.

More recently a debate has been sparked over the merits and demerits of co-education.

Referencing “a World Health Organisation (WHO) report”, Ibrahim claimed that a rising number of sexual relationship “is more concerning for the Maldives than the issue of illegal narcotics.”

He noted that the NGO coalition had sought to file the issue of co-education with parliament’s national security committee today.

The NGO coalition says they have highlighted 22 issues concerning the education sector.

On 4 October, the Adhaalath Party said the government’s new co-education policy was “a failed Western concept inconsistent with the teachings of Islam.”

On the next day, religious NGO Jamiyyathulsalaf called for the resignation of Education Minister Dr Musthafa Luthfy, and claimed that Arabiyya was the only Maldivian school with an adequate education policy.

In the same strain, the minority opposition party People’s Alliance (PA), led by the former president’s brother MP Abdulla Yameen, strongly condemned the idea of introducing co-education.

Press Secretary for the President Mohamed Zuhair did not respond to Minivan News at time of press.

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Comment: Can the Maldives institute a vibrant NGO sector?

In the Maldives, the NGO sector is lumped together as a whole by the developmental partners, government and other stakeholders. For convenience in the Maldives, the NGO sector seems to represent the civil society.

Whenever the civil society representation is called, you will see NGO sector members.

A weak civil society?

In a democratising country like Maldives, the civil society and the NGO sector should play a crucial role. Civil society is one of the pillars of democracy. Without a vibrant and strong civil society, democracy cannot be attained.

In the Maldives – unlike Bhutan – legislation allowed the formation of NGOs for centuries, apart from NGOs targeting human rights until a few years ago. Today, the Maldives has more than 1100 clubs and NGOs registered with the Ministry of Home Affairs under the clubs, associations and NGOs law.

It is problematic to categorise the NGOs that work for the development of the country. It also means that for the population of 300,000, we have an NGO for every 200 Maldivians. Out of the registered NGOs in the Maldives, only a few have office space with paid staff.

The oldest developmental national NGOs that are existence in Maldives are SHE and the Care Society.

Presently, the work of developmental NGOs visible in the Maldives are the Care Society, SHE, Maldives Democracy Network, Journey, Democracy House, Transparency Maldives, SWAD, JCI, Maldives NGO Federation.

There are other NGOs that are noticeable at periodic intervals like Madulu, Strength of Society and others.

The NGOs in the Maldives have informal and formal networks and work closely together, pooling resources on projects of common interest, producing policy papers and position papers. Some of the examples are the JUST campaign and the Domestic Violence Bill, to name a few recent combined team works by the NGO sector.

Expectations from NGO sector

There are high expectations from the developmental partners, government and other stakeholders, including the general public, for the NGO sector to play a central role in the democratisation process. For example for the upcoming local council elections, there is greater need for the NGO sector to prove and show neutrality, put the best interests of people first, monitor corruptions and act as watch dogs.

What’s thwarting this is again lack of resources. There is a greater need to educate the general public via media. The media agencies commit to return investments and only allocate a dose of space to corporate social responsibility. So this avenue is closed to NGOs. For every work NGOs does, [media] is paid.

Challenges

The major constraint for NGO development in the Maldives are funding limitations. There are no established mechanisms to secure funding or plan long term sustainability of NGOs.

The biggest national NGOs in the Maldives face similar constraints. These NGOs have office space borrowed from their family residences, and most NGOs are fortunate if they have a well-wisher who supports administrative costs and recurrent costs including office space. Other NGOs founders or staff have self-interest, so they work for minimal pay, most times as a volunteer.

The developmental partners always claim that NGOs in the Maldives lack capacity and do not have the skills to organise or implement projects. As a person who has worked in the NGO more than 20 years I think this is misleading as resource mobilisation can create a strong NGO sector.

How many NGOs in the Maldives have bought a laptop out of the project? Before suggesting this is ineffective planning, it is important to note that NGOs do not have means to buy a computer or even a laptop. Laptops are required to communicate with the outside world and for documentation purposes.

Or why do staff costs have to be incorporated into projects? Because it is essential to the survival of NGOs and sustain their work. Why are the travel costs included higher than other countries? Because that is the reality of high costs of living in the Maldives.

Why is that the consultancy fees for local consultants are unacceptable while large sums are paid to foreign consultants, including travel and lodging only to produce a plain report or technical input? Why is it that local consultants do not apply or are available? It is because of these discriminatory attitudes practiced by donors.

Most international donors scrutinise the sustainability of projects. If this is the case, why don’t they consider the requirement of the NGO sector through gigantic lenses for sustainability?

Maldives NGO law does not prohibit conducting business activities, however, several NGOs experienced difficulties in this aspect as the law is not enforced or institutionalised in various ministries. Several NGOs could not register vehicles in NGOs names or take loans. There are several NGOs moving towards the Social Corporation model though this is new thinking.

International funding for social development in partnership with NGOs

Underthe previous government, the majority of national strategic plans, including the UN country plans, identified partnerships with NGOs. It would be interesting to analyse the outcome of these partnerships over the last 10 years.

To give credit, there have been efforts by previous Government to strengthen the civil society but it has not shown any results. Similarly, the current government has also identified partnership with civil society which needs to be spelt out clearly and implemented.

The majority of funding in the past for the NGO sector has been secured through international sources, though some NGOs have secured one-time undersised funding locally. As there is no tax system or cooperate social responsibility policy, the NGO sector is struggling for survival.

Some NGOs are active, while others ended in death row, and a few stagnated for years.  As a developing and economically well-established country compared with other South Asian countries, and a smaller population, the NGO sector could not compete with other NGOs in the region. This is the reality of the 20th century as well.

Reinforce the NGO sector

The government, UN and other developmental partners should consider the NGO sector as developmental partners.

The NGO sector requires institutionalisation of good governance, capacity building, project implementation and financial support. It is unrealistic for the NGO sector to expect to conduct business, there has to be a mechanism established for the survival of NGOs.

Can the government, UN and other developmental partners trust the NGO sector to implement the projects? Can the US Embassy and other embassies, rather than implementing the projects, recruit the NGO sector to conduct programmes and projects by allocating a budget for implementation?

Can the Human Rights Commission, government and UN assign projects like training projects/components to the NGO sector?

The NGOs have networks and it would assist the capacity-building of island NGOs as well the national NGOs if this type of work is capitalised on them. The NGO sector has the capacity and ability if funding is allocated to conduct training in the areas of human rights, governance, decentralisation, child rights, women rights, people with disabilities, NGO training, and other such training. The government, UN and Human Rights Commission can play the monitoring role.

The NGO sector is requested to conduct programmes and projects at low cost and for free which barely covers the recurrent costs, administrative staff costs and project management costs. In the context that is contested above, can the NGO sector in the Maldives survive without an enabling environment?

The NGO sector requires adopting good governance models and being active watch dogs.

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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Comment: The Maldives must value arts education

My first attempt at promoting Arts in Maldives was in 1999 when I opened SALAAM School, because I believed in the importance and significance of art in education and the potential development of people.

The discovery of talents and skills in Maldivians such as voice, and the ability to play an instrument without learning the theory, took Maldivians by surprise and a wave of pride and surge of energy swept through the 70s and into the 90s – the era of self discovery and connection to innerself.

The truth was that inspired by Hindi movies with beautiful traditions of dance and song, and the Western groups like the Beatles, Rolling Stones and later by Olympians, Amazon Jade and Quicksand, the Maldivian people discovered a new world that brought joy and connection to their very souls through a new form of expression.

Artists then were revered, Olympus hall unfailingly filled up, and people sang along to the radio. Jeymu Dhonkama’s songs struck the heart of the young and old alike. The two discos, house parties, two cinemas, stages for concerts and plays, traditional dance groups performing on the roads during Eid, dressing up for festivities, carnivals with acrobats and beauty competitions, imported circuses and music bands had Male’ swinging into the early 80s.

New Maldivian artists, new forms of art and new opportunities developed to a peak in the early 90s and slowly started receding because as the Maldives entered the era of the nineties, political control on whatever brought people together was held in check.

Then returned the Islamic-educated ‘scholars’, adamant to put a stop to all forms of performing arts and visual images.

Both the intentions, one for political purpose and the other to spread the new messages of Islam, coincided perfectly, brutally fragmenting and replacing the hopes of the Maldivians with confusion, fear and disconnection within themselves, within families and within communities.

A country with a strong artistic profile is an indication of progression, the expression of its people and the freedom to express how they experience life. The following paragraph sums up the importance of Arts in Education and in our lives.

“The Arts are an essential part of public education. From dance and music to theatre and the visual arts, the arts give children a unique means of expression, capturing their passions and emotions, and allowing them to explore new ideas, subject matter, and cultures. They bring us joy in every aspect of our lives.

“Arts education not only enhances students’ understanding of the world around them, but it also broadens their perspective on traditional academics. The arts give us the creativity to express ourselves, while challenging our intellect. The arts integrate life and learning for all students and are integral in the development of the whole person.”

Schools in the Maldives never catered to the needs of the creative aspect in young people because the government institutions concerned with Education and Art, as well as Youth, had Ministers who were ignorant of what Arts mean to children’s and the community’s development.

On the other hand, art and culture is always at the end of the list all over the world, when it comes to education and budgets.

School of Arts, Languages and Music was abbreviated to ‘S’ for School, ‘A’ for Arts, ‘LA’ for Languages ‘AM’ for ‘And MUSIC’, thus giving the name SALAAM (appropriately meaning peace) to SALAAM School.

It had 400 registered students and over 200 youth volunteers when it started. What attracted such a crowd?

The school was nurturing the blessed gift of creativity and supporting young people to bring it out and express it. Youth in 2000 roamed the streets of Male’ as aimlessly as they do today. However, the youth that joined hands with SALAAM School disqualified the negative brand attached to youth (then as even today) through discipline, leadership and commitment that surprised the Home Minister Umar Zahir in 2000 during the first philharmonic and youth orchestra concert at the Social Center.

The Maldives needs a comprehensive and high quality arts education. The passivity we see in children, the nonparticipation in our youth and the lack of ability to bridge difference and solve conflicts in our adults can be caused by the lack of a most significant vehicle in our society: arts to “express the inexpressible and the unbearable”.

Music and dance and visual art forms are a unifying force and the only dialogue without argument. It bridges across races, sex, age, nationality, language, culture and even emotions and conflicts.

Arts hold communities together and through celebrations which are always combined with music, and usually dance, creates the good feelings and binds people despite personal differences. Any form of art enhances our lives.

Why do young children learn better with techniques of art? Why do children remember rhymes and songs? Why do all the countries in the world have National Anthems expressed in melody and lyrics?

The truth is that the impact of music is powerful and transforms emotional experience to learning enhancing the likelihood that something will be remembered. Art always leaves an impression.

“If art is to nourish the roots of our culture, society must set the artist free to follow his/her vision wherever it takes him/her.”

The dream of any person to be an artist or to integrate art into his/her life must be taken seriously. We must have singers, song writers, composers, actors, actresses, dancers, and visual artists in our communities without being labeled but supported through schools, theatres, concert halls, galleries, clubs etc, and last but not least, art-specific educational programs and trained teachers.

We need arts advocacy groups and associations supported by funding, artist support, and materials to continuously enrich the environments of our communities. These activities and people help to shape the culture of our communities.

“The arts reflect profoundly the most democratic credo, the belief in an individual vision or voice”.

Today there are factions of Maldivians who believe that artists should not be encouraged and there are stories of confrontations, threats and attacks. This happened to SALAAM School in 2000.

The school was vandalised in October 2000. Paint was thrown into the corridors, liquid soap onto the walls and the petals of the fans bent so that they touch each other at the tips. The school was under attack and labeled in the media as ‘spreading Christianity’. Miadhu explicitly wrote on April 22, 2010: “Anyone who has studied in the Arabian Peninsula should know that missionaries have been using the word “Salaam” to spread Christianity. After six months when the cat was out of the bag, Maumoon had no choice but to close the school which he opened with his very own hands.”

Was it the word “SALAAM” or the teaching of arts that was the measure to identify Christian missionaries?

The reason behind the vandalism will never be known. Was it political or was it the believers of the new Islamic movement? There was every attempt to stop anything that brought people together, and SALAAM School was attracting many young people to one place.

One comment from a staff of the Ministry of Education (2000) expressed regret at how the Ministry of Education had obstructed SALAAM school’s functioning. He said that if the intention was to obstruct SALAAM School, it should not have been allowed in the first place.

SALAAM School did not close but stayed dormant a few years, digesting a financial loss but growing stronger in conviction. Today, SALAAM School continues developing people of all ages, especially youth, believing in their potential and giving them dignity by guiding them and leaving them a choice to walk their own path.

SALAAM School’s first mission is on hold, the arts school will happen.

Each day is a new scene, a new painting, a new song, a new play, and a new dance, and each day brings new hope to one or more youth who passes through SALAAM School. Maldives is our stage.

Aminath Arif is the founder of SALAAM School.

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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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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