Day: September 22, 2011

“Falsehoods” reported in media, claims EC

The Elections Commission (EC) has accused local media outlets Sun Online, Villa TV and DhiTV of reporting “falsehoods” in their coverage of the Progressive Party of Maldives (PPM) submitting registration forms to the commission this week.

In a press statement yesterday, the EC said that the media outlets did not contact the commission for their side of the story and “brought the news very irresponsibly in a way that could lead to loss of public confidence in the commission.”

The private media outlets had reported that the PPM founding members were made to wait at the commission when they arrived to submit the forms and none of the EC members were present to receive the delegation, led by former President Maumoon Abdul Gayoom’s son Farish Maumoon.

The EC statement noted that the commission had never conducted special ceremonies to receive registration forms.

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Two year-old boy survives three-story fall

A two year-old boy fell from a third-storey balconey in an apartment in Male’ today and survived without serious injuries, according to Haveeru.

A family member said Jaisham Mohamed fell to the road from Maafanu Westside around 8.30am this morning while people were still asleep.

“Jaisham often tries to climb onto the balcony but everyone would prevent him from doing so. Jaisham fell after he climbed on a chair on the balcony while everyone was asleep,” she said. “His mother went to the hospital and informed us that he didn’t receive any serious injury. Only some parts of his body were bruised.”

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ICC membership expected to reform Maldivian judicial system

The Maldives has become the 118th country to adopt the Rome Statute of the International Criminal Court (ICC), the world’s first and only permanent international court with jurisdiction over crimes against humanity, crimes of aggression, genocide and war crimes.

The Maldives is the third state in South Asia to become an ICC member, following Bangladesh and Afghanistan. It is the ninth in the south asian region alongside Cambodia, Japan, Republic of Korea, Mongolia, the Philippines and Timor-Leste; plans to ratify the statute are advancing in Malaysia and Nepal.

Asia has been slower than other regions in adopting the ICC regulations, allegedly because they maintain the death penalty which is prohibited by the ICC. William R. Pace, Convenor of the Coalition for the International Criminal Court, said the Maldives’ decision to accede to the Rome Statue was a significant step for the region.

“It is vital that the momentum towards increasing respect for the rule of law and accountability for those responsible for the most serious crimes is seized by other states in the Asia-Pacific region, many of whom are close to joining the ICC,” Pace said in a press release. “Joining the Court represents a strong deterrent effect that will contribute toward the prevention of gross human rights violations in the Asia-Pacific region and to the global fight against impunity.”

Acceding to ICC regulations as defined by the Rome Statute has been a long process for the Maldivian government. In 2003, the Maldives took steps to reject its judicial authority.

Wikileaks cables published on 1 September 2011 cite the Maldivian government’s intent to “never turn over a US national to the International Criminal Court (ICC). The Maldivian government would not sign the ICC treaty and would not respect its claim to universal jurisdiction.” Other cables indicate that then president Maumoon Abdul Gayoom was seeking approval for a visit with then US President George W. Bush, allegedly to improve his chances of re-election.

Speaking to Minivan News today, the President’s Press Secretary Mohamed Zuhair said ratification of the ICC statute highlighted the different values of the current administration.

“For us, it’s transparency that is at the top of our priorities. So right now, our highest priority is to improve the judicial system of this country.”

The ICC covers major crimes which are widespread, systemic and of concern to the international community. The ICC does not deal with small cases, even if the victims may be in the hundreds.

Among the criteria for the ICC to take on a case in the Maldives is doubtful willingness and capacity of the country’s own judiciary to handle the case in question.

Zuhair said it was important for Maldivians to have access to an international judicial system. “Individuals who feel they have a complaint, even against a leader, could refer the complaint to the Maldivian judicial system or to the ICC. This is a big step for a country whose previous leaders have been accused of human rights violations. I believe their cases would be fairly addressed in the ICC,” he said.

Evelyn Balais-Serrano, Asia-Pacific Coordinator for the ICC’s advocacy NGO Coalition for the International Criminal Court (CICC) told Minivan News that ratification would support domestic legal reform, and that heads of state would face new levels of accountability.

“The ICC only deals with the big fish. In the past only the small fish may have been sacrificed to show a semblance of justice – but the ICC targets the highest level of responsibility: the head of state, generals, kings,” she said previously.

The Debate

In October 2010, the debate to join the ICC created sparks in Parliament.

MDP MPs condemned the “unlawful and authoritarian” practices of the previous government. Group Leader “Reeko” Moosa Manik referred to 2009 legislation protecting former presidents who he considered “the worst torturers in the country’s history,” and said the purpose of the international criminal court was to “arrest torturers like Maumoon [Abdul Gayoom], people like Ilyas Ibrahim [brother-in-law of the former president] who stole state property and funds, and Attorney Generals like Hassan Saeed who tried to hide it.”

MPs from opposition Dhivehi Rayyithunge Party-People’s Alliance (DRP-PA) said MDP MPs were overlooking the fact that Gayoom had never been reprimanded in a court of law, and accused the current administration of disregarding rules of law. MP Dr Abdulla Mausoom accused the MDP government of formulating policies only to “benefit certain people”, which he argued could be “considered a crime in international courts.”

The question of religion was also inflammatory. DRP MP Dr Afrashim Ali said convention should not be signed if it could lead to “the construction of temples here under the name of religious freedom.” Other MPs pointed out that several Muslim countries had not joined the ICC, and the MPs were concerned that ratification would “shatter Islamic principles” and encourage gay rights.

Shari’a experts in ICC signatories and Muslim countries Afghanistan, Jordan and Malaysia have not found conflict between the Rome Statute and Sharia.

On 14 June this year, Parliament voted almost unanimously to sign the Rome Statute of the ICC.

The Effects

Speaking to Minivan News today, Balais-Serrano pointed out that ratification of the Rome Statute was well-timed.

“As a chair of the SAARC summit, Maldives will have quite an influence on south asian countries attending this year’s event,” she said. “It will certainly be constructive in reviewing human rights, a key point we plan to address at the summit.”

The South Asian Association for Regional Cooperation (SAARC) summit is scheduled for Addu City in mid-November this year.

Balais-Serrano also pointed out that by ratifying the Rome Statute, governments are committing to adapt current domestic legislation to meet international standards. She said ICC members could receive “training of local judges and prosecutors and other officials responsible for lawmaking and implementation”, and hoped the Maldives would forward with judicial reform.

“The judicial system in Maldives can benefit from the rules and procedures by which the ICC operates, for example, in the nomination and election of judges, in the protection of witnesses and victims and in ensuring due process,” said Balais-Serrano.

She said that ICC membership would expand Maldivian court procedures. “One of the motivations of joining the ICC is to let go of a commitment to include the domestic judicial system alone. Now, Maldivians can also refer to the ICC provisions and regulations. This is a timely event for the Maldives to review domestic law while making the ICC a reference point.”

As an ICC member, the Maldives will be able to send judges and lawyers abroad for internships and exchange programs in member countries. Balais-Serrano said that all member countries are obliged to send employees to the ICC to learn and assist with proceedings.

International liability

ICC membership could affect international relations. The Maldives recently made news headlines by supporting the Sri Lankan government, which is facing war crimes allegations by international human rights groups. A report from UN Secretary General Ban Ki-Moon has raised the likelihood of an investigation by the Human Rights Commission.

A Relationship Agreement between the ICC and the United Nations calls the UN “potentially the most important partner of the ICC on various levels,” and suggests that investigations by the UN are based on the same human rights standards put forth by the ICC.

“The Maldives cannot do anything if the ICC decides to investigate and put into trial the perpetrators of crimes in Sri Lanka,” said Balais-Serrano. “If suspected criminals from Sri Lanka seek refuge in the territory of the Maldives, as a state party to the ICC, the government is obliged to cooperate to the Court by arresting  the criminals.”

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Visa fees to be paid in 3 month lump sum

Recruitment agencies are newly required to pay visa fees for expatriate workers for at least three months, according to new policies at Maldives Inland Revenue Authority (MIRA).

The visa fees of Rf250 were previously payable every month. Under the new policy, agencies will be required to submit at least Rf750 when making payments, Haveeru reports.

A MIRA authority told Haveeru that the policy was designed by the Immigration Department.

Recruitment agencies expressed concern over the policy change, allegedly because of the difficulty of providing larger sums of money at once. Others have claimed that it’s a waste of money on workers who are imported for a single month of work.


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Cabinet votes to uphold UN Human Rights Council covenant

The Maldives will participate in the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) of the United Nations Human Rights Council (UNHRC).

The decision was made after Cabinet discussions today.

Members said the rights stated by the UNHRC covenant matched those granted in the Maldives’ constitution, and that signing the Optional Protocol to the ICESCR demonstrated the government’s value of international guidelines protecting people’s right.

The Maldives also became the 118th member country of the International Criminal Court today, a close partner of the United Nations.

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Broadcasting Commission unveils strategic action plan

The Maldives Broadcasting Commission (MBC) has unveiled its strategic action plan with six major policies to follow in the next five years.

The main policies include broadening responsible freedom of expression, developing broadcasting services and introducing a regulatory mechanism.

The commission would also encourage original content or programming by introducing an award. In addition, the commission intends to formulate standards for audio-visual quality.

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Confiscated swords found fake and flexible, sent to MNDF

Swords confiscated by Maldives Customs Service last Thursday have been reported as fake incapable of causing harm. The swords had been imported by Wushu Federation of Maldives for martial arts training.

Haveeru reports that the swords bend when waved or put in contact with a person. The swords allegedly look real, but are not used as weapons.

An assistant program director told Haveeru that the Chinese Wushu Association had donated the swords along with uniform kits, which were also confiscated.

Customs has released the martial arts uniforms, but sent the swords to the Maldives National Defence Force (MNDF). Customs also told local media that the swords were not imported with forged documents.

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“We don’t want Israelis to invest in our island”: Filadhoo islanders

Islanders on Filadhoo in Haa Alifu Atoll have reacted with outrage to news of an Israeli agricultural delegation scheduled to arrive on the island next Saturday, warning that the visitors from Teshuva Agricultural Products “will go no further than the island jetty.”

On its website the company claims its advanced agricultural methods “allow for fresh culinary herbs to be grown in soil-less hydroponic systems.”

Filadhoo islander Mohamed Hamidh told Minivan News that the majority of the island’s 550-strong population were against the visit by the Israeli company.

Hamidh said that when the islanders first received information about the delegation, they prepared a petition signed by 100 islanders and submitted it to the island council.

“That night the Island Council called the islanders for a meeting and 83 islanders attended the meeting. Councilors called for a vote and 82 out of the present 83 citizens voted that they do not want to let the Israeli delegation step on the island,” Hamidh said.

Local media reported that the petition signed by the 100 citizens claimed the Israeli delegation intended to preach Christianity on the island and conduct un-Islamic activities, although they came under the banner of an agricultural delegation.

An earlier press release by the Deputy Leader of the Adhaalath Party accused the agricultural delegation of being agents from Mossad, the Israeli secret service.

Hamidh meanwhile said the islanders would not welcome the delegation because Israelis “have been mistreating the Muslims in Palestine” and have “killed so many Palestinian men and left many Palestinian women widowed.”

“We have reports that although the islanders oppose their presence, they will still head towards our island. They are supposed to be arriving on Saturday morning around 8:30am, so we will keep an eye on the jetty and will not let them enter this island,” he said.

Island Council Member Mohamed Vijan told Minivan News that the council was “left with no other choice” but to support the will of the citizens.

“Last Monday the Atoll Council informed the Island Council that this delegation from Israel will visit Filadhoo on Saturday,” he said.

He said the council will be “with the citizens” whether they were in favour or opposed to the visiting delegation.

Earlier this month Deputy Leader of the Adhaalath Party Dr Mauroof Hussein called for alarm after alleging that a delegation from Teshuva Agricultural Products was due to arrive in the Maldives to assess the country’s agricultural potential.

The last time an Israeli delegation visited the Maldives – a team of volunteer eye surgeons – protests erupted across Male’ that saw the burning of Israeli flags and calls to “ban all Israeli medical teams” from practicing in the Maldives.

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DRP requests six month delay for general GST

Main opposition Dhivehi Rayyithunge Party (DRP) Leader Ahmed Thasmeen Ali has sent a letter to the President requesting a six-month delay to the introduction of a 3.5 percent Goods and Services Tax (GST) approved by parliament last month.

In his letter, the minority leader noted that according to parliamentary rules of procedure, only the government could submit tax legislation. He urged the government to delay the implementation of the GST to allow businesses enough time to prepare. The General GST is due to come into force on October 2.

Thasmeen argued that a number of citizens could be subject to legal penalties specified in the legislation if they were not provided sufficient information about registering and paying the new direct tax.

In a booklet handed out to media last month titled “DRP’s response to the government’s economic nuisance package,” the party noted that the General GST would affect small businesses such as cornershops, cafes and teashops.

The businesses would “need a lot of preparation” to maintain accounts, install “modern computer systems and hire accountants” as well as provide customer’s statements showing the GST percentage.

Morever, taxing “total value of business transactions” would not be possible with GST at zero percent for some items.

Considering the potential “administrative confusion” and the country’s heavy reliance on imports, the DRP argued that levying a customs duty at the entry point to the country was more effective.

President’s Press Secretary Mohamed Zuhair told Minivan News today that the government viewed the DRP as the main opposition party and “gives a high priority to their concerns.”

“But the President has been advised by financial experts that all taxes should be part of one network and it is not sensible to omit one tax for the whole system to work,” he said.

Zuhair noted that “people wanted to delay the introduction of political parties” in the past, adding that “we have lost 30 years without a tax system.”

In May, the International Monetary Fund (IMF) approved a three-year support programme after the government agreed to “a package of policy reforms that will help stabilise and strengthen the Maldives’ economy.”

Under the IMF programme, the government committed to:

  • Raise import duties on pork, tobacco, alcohol and plastic products by August 2011 (requires Majlis approval);
  • Introduce a general goods and services tax (GST) of 5 percent applicable to all sectors other than tourism, electricity, health and water (requires Majlis approval);
  • Raise the Tourism Goods and Services Tax (TGST) from 3.5 percent to 6 percent from January 2012, and to 10 percent in January 2013 (requires Majlis approval);
  • Pass an income tax bill in the Majlis by no later than January 2012;
  • Ensure existing bed tax of US$8 dollars a night remains until end of 2013;
  • Reduce import duties on certain products from January 2011;
  • Freeze public sector wages and allowances until end of 2012;
  • Lower capital spending by 5 percent
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