Day: September 27, 2011

Civil Court issues injunction against releasing funds for MPs’ committee allowance

The Civil Court last night issued a temporary injunction ordering the Finance Ministry not to release funds to parliament for MPs’ committee allowance until the court rules on a case filed on behalf of a civil servant, contending that the allowance could not be given before deducted amounts from civil servants salaries were paid back.

A group of concerned citizens protesting the committee allowance filed the case on behalf of Maah Jabeen, Seenu Maradhoo Fenzeemaage, arguing that releasing funds for committee allowance without reimbursing civil servants violated constitutional provisions on fairness and equal treatment.

The committee allowance was approved on December 29, 2010 while wage cuts were enforced in October 2009.

In January 2010, the Civil Service Commission’s (CSC) decided to reverse the pay cuts, sparking an ongoing legal dispute between the commission and the Finance Ministry.

At the height of the dispute last year, permanent secretaries of line ministries were ordered to submit different wage sheets by the commission and the ministry.

Speaking to Minivan News after Judge Hathif Hilmy granted the injunction last night, lawyer Mohamed Shafaz explained that the case was based on article 43 of the constitution, which states that everyone has the right to fair and just administrative action, “by which we take to mean that constitutional provisions in articles 17 and 20 relating to equality and non-discrimination would be infringed of a civil servant if the Ministry of Finance chooses to release the funds for committee allowance to the People’s Majlis before the deducted amounts from the salaries of civil servants is paid to them.”

“Our argument was based on the principle of judicial review,” he continued. “For judicial review to be used in a case in the Maldives is relatively rare and this is I would say a novel case. Our idea is that anyone vested with legal powers must act within the limits of the constitution.”

Delivering the ruling on the request for a temporary injunction, the judge said that releasing the funds before the court issues a final judgment on the case “could cause irreversible damage to the plaintiff” and ordered the Finance Ministry not to take any action that could “defeat the purpose of the claim.”

While the state attorney insisted that neither the Finance Ministry nor the President’s Office has made a decision on releasing the funds, the claimants submitted video footage of President Mohamed Nasheed telling protestors that the executive could not overrule parliament’s decision without threatening separation of powers.

In April 2010, the Civil Court ruled that Finance Ministry did not have the legal authority to overrule the CSC. Although the government contested the ruling and refused to restore salaries to previous levels, the High Court upheld the lower court ruling in May this year.

The state attorney also argued that the case should not have been accepted by the Civil Court as the government has appealed the High Court verdict at the Supreme Court. The judge however ruled last night that the state could not produce documentation proving that the Supreme Court has decided to hear the appeal.

Attorney General Abdulla Muiz confirmed today that the AG office has appealed last night’s lower court decision at the High Court.

Shafaz meanwhile observed that “the ruling [yesterday] affirms that the court recognises that there is an issue here that needs to be rectified or subject to the system of justice.”

“It is also significant because by granting the temporary injunction the court has accepted and taken on an active role for implementing judicial review in the Maldives,” he said. “So this opens up the possibility for each and every action of the executive branch of the government, or the parliament or any other part of the state, to be challenged in the courts.”

Yesterday’s temporary injunction was also significant because “it was based on infringement of the rights of an individual,” Shafaz continued, adding that it was “a case where the act of a minister of the executive could infringe upon the rights of an individual.”

The favoured outcome for the group of concerned citizens would meanwhile be “for the court to recognise that giving parliamentarians their committee allowance before the deducted salary is given would be an infringement of the rights of a civil servant, or civil servants, under the constitution.”

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Maldives speaks in favour of Palestinian statehood at UN Human Rights Council, General Assembly

Maldives Ambassador to the UN Human Rights Council in Geneva, Iruthisham Adam, has urged all states to support Palestine’s right to self-determination and self-government.

Speaking during a Council debate on human rights in Palestine, Adam said the Palestinian bid should be viewed in light of the US’s own declaration of independence, citing its drafter Thomas Jefferson.

“We surely cannot deny to any nation that right where on our own is founded – that every one may govern itself according to whatever form it pleases and change those forms at its own will,” Adam said.

“These words are as relevant today, as we survey Palestine’s brave push for independence and statehood at the United Nations, as they were in the 18th Century,” she told the Council.

“The Maldives and hundreds of other countries support the right of the Palestinian people to self-determination. We do not do so because we are against Israel – the Maldives is and always will be a strong supporter of a two-State solution. We do so, rather, because it is right and it is just.

“If we value and enjoy our right to self-determination in the Maldives and elsewhere, if we applaud its assertion across the Islamic world, then why should we deny it to the people of Palestine? People who have been waiting for dignity, freedom and independence for 6o long years?”

Palestinian statehood would not diminish the chances of a negotiated peace, Adam argued, but would rather enhance them by resolving the unequal power relationship between the two countries.

“In our opinion,undermined the negotiation process – a relationship between the occupied and the occupier. How can a fair and lasting peace be forged under such conditions? The short answer is: it cannot. Far better then for negotiations to take place between two States sitting down together as equals,” she said.

Vice President Dr Mohamed Waheed Hassan meanwhile told the UN General Assembly that “demands for human rights and democratic values are universal” and “the time for Palestine to join the international family of nations is long overdue.”

Dr Waheed said the Maldives was committed to protecting human rights, both domestically and internationally, and noted that with the Maldives signing the Rome Statute of the International Criminal Court the country”joins a growing alliance of states which stand firmly against those who believe they can violate human rights with impunity.”

The UN Security Council is currently considering the proposal put forward by Palestinian President Mahmoud Abbas. Key issues include Israeli settlements, the status of Jerusalem, and securing rights of return for Palestinian refugees.

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Vice President meets Sri Lankan President Rajapaksa during UN General Assembly

Vice President Dr Mohammed Waheed Hassan has paid a courtesy call on Sri Lankan President Mahinda Rajapaksa at the 66th session of the UN General Assembly in New York.

The Vice President’s Office later refuted reports that Dr Waheed discussed the Sri Lankan human rights situation with Rajapaksa during the meeting, following media reports quoting Sri Lankan officials to the contrary.

Haveeru on Tuesday quoted a senior Sri Lankan official as saying that during a meeting between Rajapaksa and the Vice President, Dr Waheed “assured that he will be supporting Sri Lanka’s stance on the human rights issue.”

The Vice President’s office later claimed the meeting was a courtesy call during which Dr Waheed said it was refreshing to  hear the Sri Lankan President talk about trade unions and north-south cooperation in his speech [to the UN], and that there was “no mention of the human rights situation in Sri Lanka.”

Sri Lanka is currently conducting an internal investigation of these allegations, which refer to acts of violence committed by both government and rebel forces in the final phases of Sri Lanka’s civil war.

Numerous human rights groups, including Amnesty International (AI) and Human Rights Watch (HRW), have rejected Sri Lanka’s investigation on the grounds that its Lessons Learnt and Reconciliation Commission (LLRC) does not meet international standards.

The British Broadcasting Corporation (BBC) has reported that human rights groups found the commission flawed because “its members were appointed by the government, it has no real mandate to investigate war crimes in the last stages of the conflict, lacks any mechanism to protect witnesses and falls short of minimum international standards of a commission of inquiry.”

The Sri Lankan government has denied committing any offenses. The Maldivian government said it supports Sri Lanka’s wish to solve internal issues without external involvement.

Today, the Maldives President’s Press Secretary Mohamed Zuhair issued a statement expressing support for the Tamil people.

“The President of the Maldives would like to express his good wishes to all Tamil people. The Tamil people have always been like brothers to Maldivians. The President would like to see peace and harmony in our region and has expressed his desire for all people to live peacefully together.”

Human Rights Watch recently applauded the Maldives as one of the seven most important countries on the UN Human Rights Council. It expressed puzzled concern, however, over the Maldives’ “regrettable” support of Sri Lanka at this time.

“The Maldives should revisit its approach on Sri Lanka in order to bring it in line with its otherwise principled approach to human rights at the Council,” said the report.

Minister of Foreign Affairs Ahmed Naseem said he did not wish to comment on the issue.

Meanwhile, UN secretary general Ban Ki-Moon has appointed a panel to advise him on accountability issues in Sri Lanka, reports the BBC. The Sri Lankan government rejected the panel, however, and said it would not issue visas to UN panel members visiting Sri Lanka.

The UN Office for the High Commissioner of Human Rights (OHCHR) today said they are urging Sri Lanka “to ensure there is a genuine accountability process to address the serious violations believed to have been committed during the last months of the  war in Sri Lanka.”  The OHCHR is waiting to see how member states take action on the issue, “but, of course, the United Nations hopes Maldives – like other UN members – will encourage Sri Lanka to address this important issue.”

Late last week, President Mohamed Nasheed met with Sri Lankan Prime Minister Disanayaka Mudiyanselage Jayaratne regarding the upcoming South Asian Association for Regional Cooperation (SAARC) summit, due to be held in Addu City in November. The heads of state also discussed ways to strengthen ties between the two countries.

The SAARC summit could afford the Maldives an opportunity to promote human rights in south asia, a region that is reportedly slower than others to adopt international human rights standards.

The Maldives recently became the 118th member of the International Criminal Court (ICC), a close partner of the UN.

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

Evelyn Balais-Serrano, Asia-Pacific Coordinator for the ICC’s advocacy NGO Coalition for the International Criminal Court (CICC), called the Maldives’ accession to the Rome Statute a significant step for human rights in south asia.

She noted that Sri Lanka is “a long way” from membership at the ICC.

ICC membership requires the Maldives to uphold ICC standards and rulings. “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 with the Court by arresting  the criminals.”

Sri Lanka’s findings are due for release on November 15.

Clarification: This story has been updated to reflect a clarification from the Vice President’s Office that human rights were not discussed at the meeting with Sri Lankan President Mahinda Rajapaksa.

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Israeli airlines will be licensed upon request: Transport Ministry

Israeli airlines are allowed operating licenses for the Maldives upon request, according to an agreement made between the two countries in 1993 and Israel’s membership of the International Civil Aviation Organisation (ICAO).

Only a parliament-endorsed resolution can block an airline license, reports Haveeru.

Transport Minister Adil Saleem told local media that the ministry had decided to approve Israeli national carrier, El Al Israel Airlines, after the South Asian Association for Regional Cooperation (SAARC) summit this November.

El Al applied for a license to operate flights to and from the Maldives every Tuesday starting December 13, Haveeru reports.

Earlier, El Al’s subsidiary airline Israeli Sun D’Or International applied to charter flights to the Maldives. Its request was denied by Maldivian authorities after Israeli Civil Aviation Authority (CAA) revoked the airlines’ operating license because it “did not comply with international standards.”


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MNDF searching for army deserters

An undeclared number of servicemen have deserted the armed forces and are subject to penalty according to the Armed Forces Act. The servicemen are currently being searched for by the Maldives National Defence Force (MNDF).

The search is being considered a special operation under the Armed Forces Act, reports Haveeru.

The decision to take action against servicemen who leave service without permission or warning was made last year by the Defence Ministry, which cited the Armed Forces Act as point of reference.

Article 32(b) states that a serviceman is deemed absent without leave where he fails to report for work for 14 days without authorisation, or where he fails to report to work or objects to report to work where an order is given in accordance with the Act by a superior in an emergency.

The act outlines penalties including arrest of various duration, fines, termination of service, institutional proceedings, and others outlined in subsequent regulations.


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MTCC backtracks on decision to hike ferry ticket prices

The Maldives Transport and Contracting Company (MTCC) has decided not to hike ferry ticket prices for Hulhumale’ and ViliMale’, according to local media reports.

Male’ City Mayor ‘Maizan’ Ali Manik told press today that the decision was made following discussions between the city council, MTCC and the Transport Ministry.

Manik also revealed that the council would grant permission for MTCC to utilise plots awarded to the government company in Male’ to generate revenue and cover current operating losses.

The decision to hike ferry tickets from Rf3 to Rf5 for ViliMale’ and from Rf5 to Rf8 led to protests in both island wards of the capital. Riot police were deployed over the weekend after protestors stopped the ferries in ViliMale’.

Speaking at a press conference this week, Transport Minister Adhil Saleem insisted that the government “would not tolerate stoppages” and that such forced disruptions as part of protests were “non-negotiable.”

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Over 400 forms issued for Rf500 million loan scheme for stalled construction

The Ministry of Housing issued over 400 forms yesterday for applicants to the Rf500 million (US$32 million) loan scheme for houses in Male’ with stalled construction, reports Haveeru.

State Minister Akram Kamaaludeen said that the deadline for applications has been extended from November 5 to 15 and the ministry has decided not to require applicants to submit engineering reports after considering the cost of preparing the report.

“The applicant will have to submit the engineering report once they’ve been qualified for the loan. The loan will be issued once the report is submitted,” he explained.

The loans will target owners who are unable to continue construction due to financial constraints or ineligibility for loan schemes offered either by the Housing Development Finance Corporation (HDFC) or domestic banks.

The maximum amount given to each individual will be Rf3 million, which should be paid within 15 years after a grace period of one year with an interest rate of 11.75 percent per year.

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Missile destroyer USS Russell to visit Gan

US Navy Arleigh Burke-class guided missile destroyer USS Russell will visit Gan September 28-30.

In a statement, the US Embassy in Colombo said the visit was “a routine port visit and is intended to provide the sailors of the USS Russell an opportunity for engagement with their Maldives National Defense Force (MNDF) counterparts and for cultural exchange.”

“This US Navy port visit promotes peace and stability in the Western Pacific region, demonstrates the US commitment to regional partners such as the Maldives, and fosters a growing relationship. This strong relationship between the United States and the Maldives helps advance many common interests including mutual security, prosperity and the promotion of freedom.”

Activities planned with the sailors include sharing tea with local high school students, and learning how to cook traditional Maldivian dishes.

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Four men arrested for drugging and gang raping 15 year-old girl

Police have arrested a group of men including the chairman of an anti-drug NGO for allegedly drugging and raping a 15 year old girl on the island of Guraidhoo in Kaafu Atoll.

An islander told Minivan News that the incident occurred on Sunday night when the girl allegedly accompanied the five men who were intending to use marijuana.

“They did not forcibly take her to [to the area near the cemetery] but she went with them, and there they raped her,” he said. “The next day she told her mother about the incident and she reported it to police.”

He said the police arrested the men on Monday afternoon and took the girl to the island’s health centre.

According to the islander, two of the five men detained by police were minors. They were summoned to Maafushi Court in Kaafu Atoll Maafushi, an island very close to Guraidhoo.

“Maafushi Court extended the detention of three adults to 10 days and released the two minors to house arrest,” he said. “The three have been brought to Male’ and are currently in Atholhuvehi Police Custodial.”

He added that the Chairman of the drug NGO was also a staff member at the island council office.

A police spokesperson confirmed to Minivan News that four men had been arrested in connection with the case.

“The police were informed that a group of men on the island drugged a 15 year-old girl and attempted to rape her,” he said. “Four men were arrested in connection with the case.”

The police investigation in continuing.

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