MATI sues as government seeks Supreme Court legal counsel on spas, pork and alcohol

The government has asked the Supreme Court for a “consultative opinion” on the legality of spa operations and sale of pork and alcohol in resorts, claiming that legal clarity is needed to properly address the current controversy involving Islam and the tourism industry.

The government last week ordered resorts to shut down their spa operations, and announced it was considering a ban on pork and alcohol. The announcements were made in response to five demands made during a demonstration organised by a coalition of NGOs and opposition parties on December 23 to ‘Defend Islam.’

Maldives Association of Tourism Industry (MATI) meanwhile filed a case at the Civil Court yesterday challenging the Tourism Ministry’s order to shut down massage parlors and health spas in resorts.

Speaking to local media, Attorney General Abdulla Muiz said, “We believe that the people have expressed genuine concerns over the circular issued by the Tourism Ministry ordering resorts to close down their spas.

“Investors will have confidence when they are clear of the judiciary’s position on these issues.”

The Attorney General was unavailable for comment at time of press.

Although the import of alcohol and pork to the Maldives is allowed under a regulation, there is no regulation or set of guidelines specific to spa operations in resorts.

The State, however, claims that Article 15(a2) of the Goods and Services Tax Act clearly stipulates that spas are legally accepted in the Maldives as tourism goods.

Under the article, “goods and services supplied by diving schools, shops, spas, water sports facilities and any other such facilities being operated….at tourist resorts, tourist hotels, tourist guest houses, picnic islands, tourist vessels and yacht marinas authorised by the Tourism Ministry” are tourism goods.

Officials at the Supreme Court and President’s Office were unavailable for comment today.

MATI Secretary General Sim Ibrahim Mohamed was unable to comment on the case in the Civil Court, but said that the government’s decision had incurred “irrevocable damage” to the tourism industry and had become a “legal issue to which we are trying to find legal clarity.”

“We are trying in the lower courts while the government has filed at the Supreme Court to see what this is about. We need to know whether the Maldives can legally provide tourism services within the confines of the constitution,” he explained. “A lot is riding on the court verdicts.”

Sim conceded that the verdicts would not close the discussion. “As to whether the public or the opposition parties will accept the verdict is not for us to say. They will have to weigh their own agendas against what is good for the economy at the moment,” he said.

Former Attorney General and lawyer representing MATI, Aishath Azima Shukoor, said the case addressed two key points: that the government’s decision to close the spas violates the contracts it holds with resort operators, and that the timing is unconstitutional.

Shukoor pointed out that the contracts between the government and resort operators include a clause entitling the operators to the peaceful operation of land leased. She maintained that the government had violated the agreement by closing operations without presenting any substantial reports, investigation or evidence justifying the action.

MATI has also applied for an injunction. If granted, resort spas would be allowed to operate until the court case is concluded.

Shukoor said MATI was hoping for a hearing on Wednesday, January 4, but that nothing has been confirmed.

Complaints that the tourism industry compromises the Maldives’ status as a 100 percent Muslim nation have brewed for some time, but the protests in “defense of Islam” in December 2011 threw officials into the crucible of religion, politics and tourism currently before higher and lower courts.

Article 10 of the Maldivian constitution states that “Islam shall be one of the basis of all the laws of the Maldives” and prohibits the enactment of any laws “contrary to any tenet of Islam”.

Although members of the coalition defending Islam originally called for the closure of “the spas and massage parlors and such places where prostitution is conducted”, as well as a reversal of a policy which permits the sale of alcohol on areas declared “uninhabited islands” – such as in Addu City and Fuvahmulah were the government plans to build city hotels – the government’s all-or-nothing response has driven those members to alter their position.

After telling a gathering of thousands that “The only road we must follow is based on Allah’s callings,” Jumhoree Party Leader and tourism tycoon Gasim Ibrahim sued the government when it closed spa operations in five of his Villa Hotels resorts over allegations of prostitution.

Upon realising that the protests had prompted the UK to issue a travel advisory, and after refusing to answer an inquiry about rumors that Taliban members had entered the country to participate in the protest, religious Adhaalath Party said it “calls on the international community to visit Maldives without any fear, assures that there is no terrorism in the Maldives, and that it will never give space to terrorism in this country.”

The statement further assures the international community that Maldivians are capable of protecting tourists.

Speaking to Minivan News today, Adhaalath Party chief spokesperson Sheik Mohamed Shaheem Ali Saeed did not wish to comment on an ongoing court case but called on the government to take national decisions slowly.

“Maldivian people have no problem with the tourism industry. The Maldives is the best country in the Islamic world with dealing with non-Muslims. Doctors, teachers, all are living here in Maldives and we have nothing against them. The thing is social problems are increasing daily, and people are concerned,” he said.

Minivan News asked whether it was worth risking the tourism industry in the name of Islam.

“Everyone knows the tourism industry is the backbone of our national economy. That’s why no one wants to damage any side of the tourism industry in the Maldives. I am 100 percent sure there is no prostitution in the tourism industry here. It is very professional, it is the most famous tourism industry in the world and is accepted by the international community. Why would we want to attack ourselves?”

Shaheem recommended that the industry foster alcohol-free resorts to develop the nation’s economy and add variety to the tourism sector. “In 2011 there was a project with a company from Dubai trying to do an alcohol-free resort. And I know there are resorts not selling pork,” he observed.

Minivan News asked whether it was acceptable for the government to support resorts which do sell alcohol and pork.

“This is a religious issue, and it is in the Supreme Court, so I can’t talk about this issue,” Shaheem said, adding that he could not say whether the court verdicts would settle the matter.

The Tourism Ministry announced earlier this week that it was considering revising the ban on spa operations in resorts.

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DQP requests action against President, Tourism Minister as Maldives image shifts from glam to grit

Minority opposition Dhivehi Qaumee Party (DQP) has requested Maldives Police Service to take immediate action against President Mohamed Nasheed and Minister of Tourism Mariyam Zulfa for ordering all resorts to close down health spas.

In a letter, DQP alleged that the government officials were conspiring to damage the Maldives’ image as a popular holiday destination.

The party’s statement added that the government’s “irresponsible” action is making headlines in the international media.

Police confirmed that they had received the letter, and would deliberate the matter.

DQP officials had not responded to inquiries at time of press. DQP Leader Hassan Saeed told local media this week that the government’s actions were causing “irreparable damage” to the tourism industry, from which “it would not be easy to come out of even after 25 years.”

An official at the President’s Office however argued that the opposition should bear responsibility for the fallout from December’s mass protest to ‘Defend Islam.’

“The opposition has been whipping up, and in some cases financing, extremism for months and spreading lies saying the government wants to introduce other religions. They can’t now complain about the economic damage they are ultimately responsible for.”

While resort reviews and booking services still make the first page of a Google search on the Maldives, headlines noting spa and resort closures amidst religious extremism and political turbulence have lately joined the mix.

Today’s Google searches for “Maldives”,”Maldives spa” and “Maldives resort” pulled a news feed exclusively addressing the political-religious whirlwind of the last week in which the government announced it was closing resort spas and considering a ban of pork and alcohol in response to popular demands favoring Islamic policies.

Over 229 articles are listed from leading outlets including UK’s The Guardian, India’s The Hindu, global Agence France Presse (AFP), and the BBC.

In keeping with the Maldives’ fame as a tourist destination, the headlines are eye-catching.

Global feed Associated Press (AP) ran the headline “Maldives closes hundreds of luxury resort spas,” while Sydney Morning Herald vigorously announced that “Sex claims force luxury resorts to close spas”.

Zimbabwe Metro simply stated “Maldives bans all spas after religious protests”, and Argophilia Travel News sardonically wrote, “Maldives spa ban: ulterior motives perhaps?”

Clicking beyond the headline, readers worldwide find content ranging from skeptical to sensationalist.

In their reports, America’s CNN today reported that “honeymooners and international hotel owners” were caught in “an acrimonious showdown over religious between the government and opposition parties”, while Mail & Guardian Online pointed out that the Maldives “reputation as a paradise holiday destination has come under pressure from a minority of religious fundamentalists who are growing in influence.”

Rather than ignoring the demands of the ‘Defend Islam’ demonstration on December 23, CNN observed that “the government raised the stakes” by issuing an order to close all massage parlors and spas.

Tourism accounts for approximately 70 percent of the national Gross Domestic Product (GDP) indirectly; a significant portion of resort profits are earned from spa services.

Although the stories do not always present an accurate picture of the situation, they are ubiquitous.

Maldives Association of Tourism Industry (MATI) Secretary General Sim Ibrahim Mohamed said the industry “has serious problems with people not understanding what is going on.”

Sim said that the situation was generally “murky, with one thing leading to another and another”, and added that “most of our communication is in Dhivehi–press conferences, press releases, notifications, debates. It’s very difficult for the international community to report accurately because they don’t understand our language.”

Stepping back from the details, Sim explained that tourists trying to book a relaxing holiday are not soothed by a media storm at the destination, particularly when it involves certain hot-button words.

“Fundamentalism, radicalism, extremism–since 9/11 these have been very sensitive words. And they don’t go very well with tourism.” Sim added that the industry has suffered “many booking cancellations” in the past several weeks.

The media flurry is also being addressed by those inside resorts. The blog Maldives Resort Workers, which allows resort employees to express their opinions on a carefully-manicured industry, noted in the post “The media circus continues” that Maldives’ formerly polished profile is gradually becoming dark and contorted as the issue drags on.

“What is not so funny in these political manuevering is: the negative publicity this generated across the media despite the high value tourism we have. The administration clearly needs to dismiss their spin doctors who didn’t warn them about this media storm,” wrote one commentator.

Religious Adhaalath Party, one of the parties which had organised the mass protest against the alleged anti-Islamic agenda of the current administration, has also expressed concern that the media coverage is “damaging” the Maldivian people.

“I don’t want international media to treat Maldives poorly, I want them to do their job carefully and justly. You can’t see any country like Maldives in Islamic world, so why would we want to damage these people? These are Muslim people and they like moderate views,” said chief spokesperson Sheik Mohamed Shaheem Ali Saeed.

Shaheem yesterday told CNN, “We respect tourists…we are very happy with the tourism industry in the Maldives.”

Adhaalath Party previously released a statement inviting tourists to visit the Maldives and promising protection, after the UK released a travel advisory.

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Comment: “No animal shall sleep in beds…with sheets”

One can’t help but recollect the lines from George Orwell’s brilliant 1946 satire, Animal Farm, after listening to the agitators on stage during the ‘big protest’ held in Male’ on 23rd December 2011 in order to “protect Islam”.

In the classic novel, the farm animals rise in revolt against their drunken owner and take over the running of the farm. They write down their Seven Commandments on the wall of the barn but, over time, as a totalitarian dictatorship takes root at the farm, they find mysterious qualifiers added to those commandments.

Curiously enough, one of the central demands made by the ‘protect-Islam’ brigade was to “Ban the sale of alcohol… on inhabited islands”.

The ‘…on inhabited islands’ qualifier has a lot of significance, for it reveals the unresolved contradictions that are central to the controversy currently raging in the shallow, but always turbulent waters of Maldivian politics.

No animal shall drink alcohol… in inhabited islands.

The term ‘inhabited’ is officially used in the Maldives to refer to commonly populated islands. The country’s famed beach resorts fall under the ‘uninhabited’ category, despite housing thousands of Maldivian staff for the larger part of the year, and a lot of the usual restrictions do not apply there.

While there is a general consensus among  Islamic jurists that both consumption and trade of alcohol is forbidden in Islam, the economic realities of heavy dependence on tourism has meant that certain un-Islamic vices like consumption of alcohol is permitted in the Maldivian resorts.

The issue of alcohol sales remains a controversial topic among Maldivians, and is wantonly exploited by every tin-pot politician seeking an audience.

Alcohol was one of the major “issues” highlighted at the recent protest on December 23 organized by seven opposition parties and a network of NGOs  who joined hands  against what they alleged were ‘anti-Islamic policies of the government’.

The turnout of over 5000 religious protesters was considerably less than the ambitious 100,000 originally anticipated by the organizers. The flags they carried were surprisingly not the bastardized offspring of the Maldivian and Saudi Arabian flags, as displayed on the protest’s official website.

Meanwhile, the ruling MDP had also called for another protest the same day, at a venue just a couple of hundred meters away, calling for ‘moderate Islam’.

Speaking at the MDP protest, President Nasheed claimed that the government was being accused of being ‘anti-Islamic’ simply for sticking up for traditional Dhivehi values, and rejecting the recently imported dogmatic versions of Islam that had room for concubines, marrying nine-year olds,  female genital mutilation and harsh punishments such as amputations and stoning humans to death.

The ill-advised protest concluded early, but gave enough ammunition for the opposition protesters to last through till midnight.

The opposition-allied mullahs tore into President Nasheed’s remarks against concubines and marrying children, claiming it amounted to a mockery of the Prophet. They steadfastly defended amputations and other punishments as being a central part of the Sharia penal code and – by extension – of Islam.

They demanded that the government to apologize for the UN Human Rights High Commissioner’s comments to Parliament condemning medieval punishments like flogging.

Swinging between Halal and Haram

One protestor on stage, criticizing the President, declared that one could not accept one part of the Qur’an, and reject the other.

“…unless it is the parts advocating religious tolerance”, one might presumably add, because the protesters demanded the removal of allegedly idolatrous monuments placed by neighbouring countries during the recently concluded SAARC summit in Addu City, amid repeated accusations that the government was trying to introduce ‘religious freedom’.

Leading the protesters in this righteous cause was DQP leader and former Attorney General Dr Hassan Saeed, who co-authored a book called ‘Freedom of Religion, Apostasy and Islam’, the opening paragraph of which curiously claims there is “a vast amount of Qur’anic texts in the favour of freedom of religion”.

The protesters further demanded that the Israeli airline El Al should be forbidden from landing in the Maldives with their Zionist crew.

The Cabinet Minister of Islamic Affairs, Dr Abdul Majeed Abdul Baree also threw his weight behind the idea, saying he was of the ‘personal opinion’ that Israel was ‘not a legitimate state’.  He nevertheless requested that his personal opinion be translated into a parliamentary resolution.

Also on stage was the cleric Dr Afrasheem Ali, who once had stones thrown at him at a mosque for his “liberal” remarks such as claiming that singing was permitted in Islam. Sharing the stage with him were pious clerics who all agree that music is ‘haraam’.

What was not haraam, however, was the official song of the protest, apparently sung by former pop-star and current Salafi posterchild Ali Rameez, extolling the sacrifices of the battles of Badr and Uhud, and calling upon good Muslims to take up Jihad to ‘protect Islam’.

… Some massage parlours are more equal

Another major demand made by the opposition speakers during the 8 hour long protest was that ‘spas and massage parlours’ should be banned, as they were clearly fronts for the flesh trade. One protest leader provided a surprisingly specific number of brothels in the capital, contrasting them with the number of mosques in Male’.

Leading the agitators on stage, without the slightest trace of irony, was MP Qasim Ibrahim, the business tycoon whose fortune was made on a business of selling liquor to tourists, and whose resorts proudly boast of luxury spas and exotic massage parlours.

He could have perhaps invoked the amended commandment from George Orwell’s book, and declared that ‘No animal shall drink alcohol…  to excess”.

Instead, he responded to the President’s call for moderate Islam by publicly retorting, “We don’t know there is a moderate, higher or lower Islam. We only know Islam, which is above all the religion. The only road we must follow is based on Allah’s callings”.

Scorched Earth politics

Despite the initial reactions from the MDP vowing to not give in to “the extremists”, the government somehow decided to one-up the opposition instead by ceding to their demands, and engaging in the dangerous game of political brinkmanship.

Following the protests, the government has issued a circular ordering the closure of hundreds of spas and massage parlours in the country, including the ones in resorts.

In doing so, the government has acted in a callous manner, with the maturity and foresight of a jilted adolescent.

The President’s Office has also said it is considering a nationwide ban on alcohol and pork – including in “uninhabited” islands. The unstated intention appears to be to call the Opposition’s bluff or, even worse, teach a lesson to political opponents such as Jumhooree party leader Qasim Ibrahim, DRP leader Thasmeen and PA leader Yameen Abdul Qayoom, who all have massive business interests in the tourism sector.

It is quite clear that the opposition leaders weren’t counting on the government to actually do anything about their demands; both Qasim and his political allies have condemned the government’s acceptance of their own unreasonable demands.

Confirming that the lunatics have indeed taken over the asylum, the principal opposition PPM has made a grand stand itself, saying it would “support” this move if ‘the government dares’ to actually go ahead and do it.

It appears both sides have decided to engage in a high-stakes game of Russian roulette, showing a disturbing willingness to put the even country’s economic lifeline at stake while they both dig deeper into their respective political trenches waiting to see who blinks first.

A Hotel in Medina, and other fairy tales

While the politicians engage in their scorched-earth politics, there are some realities that the Maldivian public has to learn to accept. The foremost among them is that, as detestable as the tourism industry maybe, we have grown to be dependent on it.

The income from tourism keeps the Maldivian economy afloat, pays the country’s bills and also props up other industries and employment sectors like telecom, health, education, catering and construction. It builds our roads, drainages, schools and hospitals, and pays for our fuel, electricity and drinking water.

It is not by accident that the average Maldivian’s life expectancy has jumped from under 45 years to over 76 years today since tourism was introduced.

When opportunistic politicians and clerics decide at their convenience that the bedrock of the country’s economy is no longer halal, then perhaps they owe the Maldivian public an alternate economic plan that does not involve alcohol or non-Muslims.

The last time any politician even attempted to offer such an alternative was when Adhalaath party leader Mohamed Shaheem Ali Saeed, then State Minister of Islamic Affairs, pointed out in March 2010 that the Intercontinental Hotel in Medina drew thousands of visitors every year, despite serving no alcohol.

Fortunately, it doesn’t take the Nobel Committee to figure out that the holy city of Medina would continue to see hundreds of thousands of visitors irrespective of whether there’s any alcohol – or even a hotel for that matter.

If only Sheikh Shaheem would clarify how he intends to replicate the ‘Medina hotel’ model of economic development in the Maldives, the issue of alcohol laced tourism would be forever settled.

Rewinding the clock

There are, of course, orthodox clerics who outright condemn the idea of progress itself, and advocate just living off the fish from the sea.

But would Maldivians who today complain of the rising prices of coffee willingly go back to living in huts, defecating by the sea, and starving in stormy weather?

In the 21st century, the nations of the world are interconnected and interdependent in ways that simply weren’t true a hundred years ago.

Could these orthodox ideologues point out to the public just ONE example of a developing country that is able to live in such romantic seclusion? There is a reason why isolated nations like the North Koreans aren’t able to just live off rabbits and groundnuts.  There is a reason why Pol Pot’s Cambodia became a blood-soaked failure.

Economies don’t run on hollow slogans, nor do romantic ideals feed the hungry.

Dr Hassan Saeed was right when – speaking at the protest – he paraphrased the Qur’an, stating that people’s conditions can only improve when they themselves take up the challenge of improving their own plight.

To do that, Maldivians need to settle on what kind of Islam we’re going to follow, and demand solutions from the elected officials, instead of mere slogans. We cannot afford to put up with politicians who wilfully destroy our country’s peaceful image, and complain about a suffering economy in the same breath.

As the Police Commissioner Ahmed Faseeh said recently, we’re living under the threat of becoming another Afghanistan – except, unlike Afghanistan, the Maldives produces no food to feed its own people. We’re dependent on international goodwill, and simply cannot afford to have leaders who engage in harmful rhetoric aimed at destroying our country’s standing in the international community.

The last few weeks of 2011 have set the precedent of hard line, no holds-barred brand of politics that could easily prove fatal to the country’s democracy, economy and social stability.

President Nasheed has recently made grand promises that 2012 will be a ‘year of happiness’. But it will take much greater political maturity and statesmanship from the country’s elected leaders to achieve this goal.

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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Male City Council begins Primary Health Care program

President Mohamed Nasheed has today launched the “Primary Health Care Program” of Male City Council, which aims to facilitate immunization and other health services to children below five years of age.

In its first step the program will conduct a survey to determine the total number of children below five years of age living in capital Male’, Mayor Maizan Ali Manik said during the program launch at Vinares house in Machangoalhi district.

To inaugurate the program, President Nasheed visited that house and helped the children living there fill out primary health care forms.

City council officials are expected to visit every household in Male’ during the survey.

Speaking to the press, the President said the 11-seat council, which consists of nine ruling Maldivian Democratic Party (MDP) councillors, is now mandated with the important task of managing primary health care in Male’.

The primary health care program has not been “managed properly” in Male’, though the islands have been running the program successfully, he added.

Under the program, the council will be responsible for recording children’s height, weight, and other health indicators, the President observed.

Mayor Manik reiterated the importance of the initiative, adding that the council has decided to open Primary Health Centers (PHC) in Male’s four districts, as well as nearby Villingili and Hulhumale.

He added that the centers will help “reduce the current pressures faced by the hospitals” as parents can take their children to the paediatricians at the health centers instead of going directly to hospitals.

“The parents can bring the children here. The doctor at the center will recommend if further consultation is required from hospitals”, the Mayor explained.

He added that centers will provide immunization, vaccination and free consultations, among other health services.

The program follows the implementation of the Aasandha universal health insurance scheme, under which Maldivians will receive up to Rf100,000 of free health care per year. Government officials have said the scheme now holds the government to a higher standard of health care.

During the primary school admission process last year, the Ministry of Education observed that an increasing number of children were not properly vaccinated.

Parents are required to submit a vaccination report with the school application form when their children enroll in grade one, at the age of seven.

Following the Ministry’s observation, public health experts stressed the importance of a comprehensive primary health care initiative to ensure proper immunisation of children.

Speaking today to Minivan News, Public Health Programme Coordinator for the Center for Community Health and Disease Control (CCHDC) Dr Fathmath Nazla Rafeeq welcomed the city council’s initiative as an important move to provide easy access to vaccination  and monitoring.

She noted that the Maldives already has a record high vaccination coverage rate in the region, adding that the health centers will help “sustain the coverage”.

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DJA and JSC continues formation of Drugs Court

The Department of Judicial Administration (DJA) has requested President Office to provide an office complex to establish the Drug Court, while the Judicial Service Commission (JSC) continues the work of appointing court judges.

DJA Director Ahmed Majid told Minivan News today that DJA is responsible for all the “administrative and financial responsibilities of the Judiciary” and therefore continuing the work to establish the Drug Court’s office and staff.

“We have sent a letter to the President’s Office yesterday requesting them to provide a building to establish the court. We are looking to employ around 30 administrators as well”, Majid said.

Meanwhile, JSC Spokesperson Zaheen Hassan said that the commission members decided yesterday to solicit five judges – which is minimum number of Judges required to be appointed, according to article 39 of Drug Act which came into effect on December 31.

However, he noted that the law allows JSC to increase the number of judges on the bench. “We will open applications for judges very soon,” he added.

The Criminal and Juvenile Courts have meanwhile suspended all drug cases while they await the formation of a Drugs Court over the next 60 days as stipulated. Article 33(b) states that the courts should not hear or accept drug-related cases during that period.

After that two month period, the Criminal and Juvenile Court have 30 days to transfer those cases determined to fall under the jurisdiction of the Drugs Court.

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Retailers expect prices of foodstuff to fall

Prominent retailers expect prices of foodstuff to come down in about a month following the elimination of import duties for a range of items on January 1, 2012, reports Haveeru.

Owner of BHM Traders Hussein Moosa told the newspaper that prices of coast milk, cooking oil and tea expected to arrive in a shipment later this month would be lower, adding that BHM has dropped the price of Ye Ye instant coffee yesterday.

Moosa said new prices would reflect savings from import duties or tariffs.

Owner of Lily Store ‘Malla’ Ahmed Nasir also said prices of goods imported after January 1st would be lower. He added that the shops would run out of old stocks at the end of this month.

Items with GST rate set at zero percent for which import duties have now been eliminated include rice, flour, sugar, salt, milk, cooking oil, eggs, tea, fish products, onions, potatoes, fruits and vegetables, baby food, diapers, gas, diesel and petrol.

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Ahmed Abbas appointed Concept Advisor at President’s Office

Famous cartoonist and former Amnesty International ‘prisoner of conscience’ Ahmed Abbas was appointed Concept Advisor at the President’s Office this morning at the level of State Minister.

During the post-2004 pro-democracy reform movement, Abbas was sentenced in absentia to six months imprisonment for ‘disobedience to an order’ in November 2006 and later charged with inciting violence regarding comments made to the now-defunct Minivan Daily newspaper.

Abbas was quoted in the newspaper on August 2, 2005 as saying: “What we should do to those in the Star Force [police] who beat us, is to seek them out individually and for us to act in such a manner that makes them feel that beatings result in pain, otherwise they will not be subdued.”

Abbas also sensationally sought refuge in the UN building in the capital Male’ on November 2 after being sentenced in absentia. The UN was unable to offer him sanctuary.

Abbas was one of designers of the Maldivian rufiyaa banknotes.

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Minister Aslam appointed acting head of Finance Ministry

Housing and Environment Minister Mohamed Aslam has been appointed as acting head of the Finance Ministry.

The appointment was made in the wake of Ahmed Inaz’s resignation from the post on December 29, following a covert meeting with Mulaku MP Abdulla Yamin of opposition Progressive Party of Maldives (PPM) on December 27.

The meeting, held in a car on a poorly lit side of Male’, was discovered by ruling Maldivian Democratic Party (MDP) activists who demanded Inaz’s resignation.

State Finance Minister Ahmed Naseer also resigned on December 29, for undisclosed reasons.

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High Court overturns Criminal Court suspension of MP Imthiyaz

The High Court yesterday ruled that the suspension of lawyer and MP Imthiyaz Fahmy for six months by Criminal Court Chief Judge Abdulla Mohamed for alleged contempt of court in February 2010 was unlawful.

The ruling Maldivian Democratic Party (MDP) MP for Maafanu North had appealed the decision in May 2010.

The three-judge panel of the High Court found that the suspension violated principles of procedural fairness and due process for declaring persons in contempt of court.

The judges noted that while the suspension was reported in local media the following day, Imthiyaz was not officially informed of the sanction until March 9, 2010.

Existing regulations however required that contempt of court must be declared either immediately during proceedings or established in a separate trial after offering the opportunity for the contemnor to answer the charge of contempt.

Speaking to Minivan News today, Imthiyaz observed that Chief Judge Abdulla Mohamed faced multiple allegations of misconduct and political bias.

“Whatever do you expect again from a judge whom in fact the Judicial Service Commission (JSC) has decided to take action against for his ethical misconduct?” he asked.

“This judge has a history of such issues. And never have I heard of a judge other than this judge who was in contempt of court by calling his own court ‘a political campaign camp’. One fatal flaw in the judiciary is that judges like him still sit in court.”

In 2005, then Attorney General Dr Hassan Saeed forwarded to the President’s Office concerns about the conduct of Abdulla Mohamed after he allegedly requested that an underage victim of sexual abuse reenact her abuse for the court.

In 2009 following the election of the current government, those documents were sent to the JSC, which was requested to launch an investigation.

“A good judge would always work towards priding himself on his ability to make good quality decisions but Judge Abdulla Mohamed seems to pride himself on something else,” Imthiyaz contended.

“In fact, if anything goes well in his court, it happens quite by chance.  And this is inevitable since the independence of judges was not well served by the vetting process that took place in August 2010 by the JSC. There are in fact criminal convicts sitting in courts as judges. The amended constitution does not allow for kangaroo courts like this.”

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