Civil Court injunction stops us taking action against Abdulla Mohamed: JSC

Judicial Service Commission (JSC) President Adam Mohamed has claimed the body is “impatient” to take action against the Criminal Court Chief Judge Abdullah Mohamed, and claimed that the only thing preventing the move is the Civil Court injunction filed by Abdulla Mohamed ordering the judicial watchdog not to take any action, until the court decided otherwise.

Adam Mohamed made the statements in response to questions asked at the Saturday’s meeting of parliament’s independent institutions committee where the JSC members, including opposition MP Gasim Ibrahim and Speaker of Parliament Abullah Shahid, were summoned to clarify the reason for delay in taking action against the judge.

In the committee meeting, broadcasted live, Mohamed restated that  it would be a “violation of law” to take any action against Chief Judge before the Civil Court injunction was overruled, stating that and the commission has to proceed within the legal bounds.

“If we take action against Judge Abdullah, we will be in violation of law. [Because] violating a ruling is violating the law. We are very cautious,” said Mohamed, the Supreme Court’s representative on the judicial watchdog.

“We are impatient to take action [against chief judge] within the legal bounds” he claimed, adding that the case had now been appealed in High court.

The civil court granted the injunction in November 2011 – on the judge’s request – during the 30 day period he was given to respond to the report completed by JSC in which was found guilty of violating the Judge’s Code of Conduct for making politically contentious statements on a local TV channel.

According to the JSC, a total of 11 complaints have been submitted against the judge.

While the JSC’s decision remains stalled due to the injunction, questions have been raised as to whether the civil court has the jurisdiction to rule against its own watchdog body.

Aishath Velezinee, former president’s member at the JSC, argues that “if the judicial watchdog can be overruled by a judge sitting in some court somewhere, then the JSC is dysfunctional. But that’s what has been happening,” she asserted.

While the injunction issued last November was appealed at the higher courts, JSC also cited that the commission does not consider that the civil court has authority to hear the case.

The JSC first appealed the case at Supreme Court, which instructed it to forward the matter to the high court.

The high court scheduled its first hearing on the case last Thursday, but was cancelled by the judge who decided the case cannot be heard in absence Judge Abdulla Mohamed, after the Maldives National Defence Force (MNDF) refused to produce him. He remains under MNDF custody on the training island of Girifushi.

The military arrested the judge on January 16 after he attempted to block his own police summons – subsequently all the courts , JSC, Prosecutor General Ahmed Muiz, and later Vice President Dr Mohamed Waheed called for his immediate release citing the arrest as unlawful.

President Mohamed Nasheed met with some of the JSC members at a meeting held at the president’s office on Sunday to discuss his concerns related to the judiciary, local media reported.

UN calls for judge’s release

Associated Press (AP) has meanwhile reported that the United Nations (UN) has called for the Maldives to release the judge from custody or charge him with a crime, as the  body considers a government request for help resolving a dispute with the country’s judiciary.

“While acknowledging the challenges Maldives faces in reforming and strengthening its judiciary, we believe that Judge Abdulla should either be treated with due process, meaning he should be properly charged moved from military detention, and brought before a court, or released,”  Ravina Shamdasani, a spokeswoman at the UN human rights office told AP on Saturday.

She also observed that the officials are still discussing how to respond to the request made by the Foreign Ministry last week, requesting international legal assistance.

The government has meanwhile listed 14 cases of obstruction of police duty by Judge Abdulla, including withholding warrants for up to four days, ordering police to conduct unlawful investigations and disregarding decisions by higher courts.

Afeef accused the judge of “deliberately” holding up cases involving opposition figures, and barring media from corruption trials.

Afeef said the judge also ordered the release of suspects detained for serious crimes “without a single hearing”, and maintained “suspicious ties” with family members of convicts sentenced for dangerous crimes.

The judge also released a murder suspect “in the name of holding ministers accountable”, who went on to kill another victim.

“We have been working to improve the judiciary since we came to power, but we have not succeeded,” said Foreign Minister Ahmed Naseem last week, calling for a delegation from the United Nations Human Rights Commission (OHCHR) to help resolve “an issue of national security.”

The first complaints were meanwhile filed against  Mohamed in July 2005 by the Attorney General at the time time Dr. Hassan Saeed, president of the minority opposition party, which is leading the call for judge’s release.

The allegations  included, misogyny, sexual deviancy, and throwing out an assault case despite the confession of the accused.

Meanwhile, group of lawyers have  sent a case to the International Criminal Court (ICC), appealing that the judge’s detention is an “enforced disappearance” under the ICC’s Rome Statute  – while opposition activists have  taken the fight to free the judge to the streets, as protests continue for a second week.

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Former SAARC Secretary General calls for President’s impeachment as husband maneuvers party swap

Former SAARC Secretary General Dhiyana Saeed has demanded that President Mohamed Nasheed be impeached after alledgedly violating the constitution by detaining Chief Judge of the Criminal Court, Abdulla Mohamed.

Saeed’s statement follows her five-minute arrest last weekend for refusing to leave Republic Square during a nearby opposition-led protest.

Saeed recently resigned from her SAARC post after criticising the government after the Maldives National Defence Force (MNDF) responded to a police request to arrest and detain Abdulla Mohamed on January 16, after the judge filed a case in the high court to overrule his police summons.

Saeed, the youngest and first female to hold the SAARC post, demanded that parliament oppose the President.

Speaking to Minivan News following her resignation last week, Saeed said the judge “has to be dealt with within the confines of the law,” and identified his detention as “very clearly unconstitutional.”

“If you look at the how the government has acted these last three years you can see a trend. The government thinks any means to an ends is alright,” she added.

According to the SAARC charter, interference in the internal affairs of other states is a violation of the secretary general’s role.

Saeed’s statement was aired on opposition Jumhoree Party (JP) leader and JSC member Gasim Ibrahim’s television station VTV on January 19. Yesterday, Saeed’s husband and owner of J Hotels, Abdulla Jabir,  announced his switch from the ruling Maldivian Democratic Party (MDP) to JP, of which he is now deputy leader. Saeed herself remains a member of MDP, according to local media.

Saeed told local media that while her need to call for the President’s impeachment was regrettable, she maintained that her aim was to deliver a “strong message” disapproving of the government’s “direct attack on the state of Maldives”.

Suggesting that she speaks for a general public, Saeed told  media that even those who do not attend protests are opposed to the government’s actions, and vowed to not sit quietly on the sidelines. In response to the government’s criticism of her loyalty, she pointed out that no one was more loyal in politics “than was Chemical Ali to Saddam Hussein”.

She added that all Maldivians were obliged to defend the constitution, and maintained that her comments were “not for any political benefit.”

Saeed had not returned phone calls at time of press.

Under the constitution a president can only be impeached with a two-thirds vote from parliament. Parliament currently contains 77 members (MPs), 35 of which are aligned with MDP, 36 represent opposition parties and six are independent.

According to the President’s Press Secretary Mohamed Zuhair, Saeed’s request “is the wrong math. Even if all the opposition pulled together they wouldn’t pass the vote.” Zuhair added that the MDP has seen increasing public support in recent years.

Noting that Saeed is “not even a barrister”, Zuhair identified her call for impeachment as “just competitive political talk” which does not threaten the unity of the government. He added that her statement is a larger protective strategy currently employed by lawyers with close ties to JP leader, Gasim Ibrahim.

“You have to go to the chronological beginning,” Zuhair said, stating that Saeed, lawyer Azima Shukoor, Prosecutor General (PG) Ahmed Muizz, and opposition Dhivehi Quamee Party (DQP) leader Dr Mohamed Jameel Ahmed held legal posts under the former regime.

“These are all legal people – birds of a feather so to speak – pulling together to protect their past from exposure,” he said.

“Their interpretation of the law has not been consistent with the government; instead they are protective of the former regime,” Zuhair continued, adding that they had all denied defendants access to lawyers during the judicial process.

Shukoor has consistently defended members of former president Maumoon Abdul Gayoom’s family and new political party, Progressive Party of the Maldives (PPM). Jameel, who served as Justice Minister under the former regime, recently accused the government of conspiracy with Christians and Jews to spread “vice” within the country.

“Gasim pays a maintenance fee for his lawyers – they receive a monthly fee for staying on his side,” Zuhair said emphatically.

Meanwhile, Abdulla Jabir explained his shift of allegiance last night on Gasim’s VTV.

“The President wanted to make this place into New York overnight,” he said. “It is a good thought but we have to do things based on the resources at hand. [But the President] does not listen to financial experts.”

After stating that the MDP had gained significant public approval, Jabir accused the President of overshadowing party achievements by trying to “destroy the system for his own benefit”.

“President Nasheed cannot be a hero again. He will be a zero. Nobody will respect him,” Jabir said.

Making reference to the government’s use of the military to arrest Judge Mohamed, Jabir warned that tour operators “are dismayed with the Maldives” and listed overspending, nepotism and uninformed financial decisions as chief grievances against MDP.

Jabir’s party change has not surprised the government.

“Jabir was more interested in protecting his business interests,” Zuhair suggested, adding that financial compensation “was a likely factor” in Jabir’s party switch-over. Jabir was recently awarded a mid-market tourism project in Laamu Gan Asseyri, part of the government’s new tourism initiative.

Zuhair said he believed the MDP party’s infrastructure had been “too tedious” for Jabir as well.

“In MDP you have go through various elections, starting with small councils and going up through the national council, in order to get to the top. Other parties don’t operate like that, I believe. The same night [Jabir] joined [JP] he was appointed deputy leader,” he said.

During his VTV address Jabir announced that a candidate from the JP would contest in the 2013 elections.

Swapping political parties in the Maldives plays much like a game of cards, betting included. Recalling Saeed’s resignation, Zuhair said Jabir had requested MDP “not to tarnish his wife’s good name. The next day, the couple was pushing to start their own political party – like  mum-and-dad shops in the UK,” he explained.

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MP rejects authority of Criminal Court after judge releases armed “I was just cooking” civilian

Today’s Criminal Court hearing for a case involving ruling Maldivian Democratic Party (MDP) MP for Thimmarafushi Mohamed Musthafa was cancelled after the MP refused to accept the court summons on the grounds that the court’s judges were unlawfully appointed.

Musthafa added that Thimarafushi island council had advised against his attending the hearing.

Musthafa’s comment came after the Criminal Court today ordered the release of a man arrested for carrying a knife as protesters spread throughout Male’ on Friday evening.

Hassan Areef, who has prior convictions for violence, was arrested in Henveiru ward by the Maldives National Defence Force (MNDF) before being handed over to police.

Appearing in court today, Areef claimed he had been preparing a meal using a butter knife when he went outside to see the commotion, unintentionally carrying the knife with him, according to local media.

The criminal court accepted Areef’s version and ordered his release. Police have announced their intention to appeal the verdict.

Meanwhile, in a letter to the court, Musthafa justified his refusal by citing President Mohamed Nasheed’s position that lower court judges were not appointed in accordance with Article 149 of the constitution, therefore their rulings held no legal weight.

According to Article 149, “A person appointed as a Judge in accordance with law, must possess the educational qualifications,  experience  and  recognised competence necessary to discharge the duties and responsibilities of a Judge, and must be of high moral character.”

The article further requires judges to be a Sunni Muslim of at least 25 years of age, who has not been convicted of an offence and is of sound mind.

Musthafa has been charged for bounced cheques.

The MP faces multiple charges of cheque fraud, notably over transactions made by his company Seafood International Pvt Ltd.

Citing deception by food supplier General Meat Ltd, Musthafa threatened legal action against the Maldives Monetary Authority (MMA) in November if it did not pay the US$500,000 that the Bank of Credit and Commerce International (BCCI) owed Seafood International.

Musthafa alleged that the sum was due to be paid to his company according to a 1991 London court ruling.

Citing MMA as the “live branch of BCCI in the Maldives,” Musthafa previously stated that “the debt of a dead person has to be paid by a living legal parent. If the MMA does not pay us within seven days we will sue the MMA in court and when we sue, we will ask the court to take the amount of money for the loss we have had for the past 20 years as a cause of not having this money.’’

Meanwhile, a case filed in 2009 by opposition Progressive Party of Maldives (PPM) Vice President Umar Naseer claims Musthafa must be removed from Parliament due to a decreed debt which is in violation of Article 73(c)1.

The Supreme Court was due to rule on a case against Musthafa on October 20, however proceedings were interrupted when MDP called for a nation-wide protest against the judiciary during an emergency meeting.

Speaking to Minivan News at the time, MDP MP and spokesperson for the party’s Parliamentary Group, Mohamed Shifaz, said judges had been blackmailed and that the party would protest the politicised judiciary indefinitely.

This month, the opposition took up the protest baton and demanded the release of Criminal Court Chief Judge Abdulla Mohamed from military detention. The Judge was arrested on January 16, 2012. Protestors have demonstrated against the government since that date.

Contending that the judge was lawfully arrested, the government has requested international legal assistance to resolve what has been labelled a “judicial crisis”.

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Two Chinese nationals found dead in 48 hours

Two Chinese nationals vacationing on two different resorts in the Maldives have been found dead within 48 hours in suspected snorkeling accidents, raising this month’s tourist death toll to three.

A Chinese woman identified as Shuhui Li, aged 58, was pronounced dead after she was pulled out from the waters of Lily Beach resort on Thursday afternoon, while a Chinese man identified as Ding Hai, aged 30, was found dead whilst snorkeling at the newly-opened Ayada resort the following afternoon.

Confirming both incidents, Police Sub-Inspector Hassan Haneef said the two reportedly drowned while snorkeling and police are conducting an investigation into both incidents.

He noted that the body of the Chinese man has been moved to the Male’ mortuary inside the Galolhu district cemetery, while the woman’s body was sent to China on Friday through “formal channels” after the police finished examining it.

Lily Beach’s Front Office Manager Yuri Chang told Minivan News that the woman was vacationing with her family on the resort.

“She was snorkelling and we found that she was not moving any more. So we got her out of the water and found her heart had stopped,” Chang said. She was pulled out of the water by her son-in-law and a resort staff member, she added.

Public Relations Manager for Ayada, Ramesha Samarasinghe, said the resort “regrets to confirm the tragic demise of one of its in house guests.”

“After preliminary investigations, it is believed that the extreme surface currents coupled with high winds led to the accident that occurred within the lagoon last evening. The victim was reported to have been snorkeling without a life jacket within the western lagoon, when he became distressed,” Samarasinghe said. “The victim’s wife raised the alarm and sought the help of resort staff who responded by jumping into the lagoon to aid other nearby swimmers to pull the victim out of the water. Immediately, the medical team on site began CPR whilst arrangements were made to transport the guest to a local hospital.

“The victim was rushed by speedboat to the closest medical facility in Gaddhoo with the resorts medical staff continuing their efforts to resuscitate him en route. However all our efforts failed to save the life of the deceased,” Samarasinghe said.

The resort’s management “extends their deepest condolences to the family and friends of the deceased. The management is conducting a thorough investigation into this incident with the help of the local authorities. All efforts have been made to transport the wife and the victim back to their home country as quickly as possible.”

The first tourist found dead this year was 49 year-old French national Alan Marshall, who went missing from Club Med resort while swimming and was later found dead near Paradise Island resort on January 8.

Chinese fatalities rise

Tourist deaths – usually while snorkeling – are disproportionately higher among Chinese tourists, which now account for a majority of Maldives tourist arrivals, compared to the traditional European market.

Mohamed Ibrahim ‘Sim’ from the Maldives Association of Tourism Industry (MATI) pointed out in an earlier interview with Minivan News that Chinese guests in particular needed to be made more aware of the dangers of snorkeling in the Maldives, “because it is a totally different environment than what they are used to.”

“While UK tour operators passed on advice and information to tourists, China was a relatively new market and the operators need to be made aware also,” Sim said in September 2010, following the death of a 48-year old Chinese woman who had been snorkeling at Paradise Island Resort and Spa. She was the sixth Chinese tourist to die that year.

In mid-August 2010 a Chinese couple vacationing in the Maldives disappeared from their resort after going for a swim.

The 38 year-old woman and 40 year-old man were staying with their 13 year-old daughter on the Hilton Irufushi Beach and Spa Resort in Noonu Atoll.

On March 14, police received a report that a Chinese national, Rui Dai, died while snorkeling at Holiday Inn Kandooma Resort, South Malé Atoll.

Earlier that same month another Chinese man died while snorkeling at Chaaya Lagoon Hakurahura Island Resort, less than a day after a German tourist died in a snorkeling accident at Embudu Village Island Resort.

A 36 year-old Chinese tourist was also found dead off the coast of Sun Island Resort and Spa in January 2011.

Many resorts and Chinese tour operators have reacted to the higher incidence of casualties by issuing life-jackets to Chinese guests on arrival. However, despite efforts to adapt to a market which in 2011 brought over 100,000 visitors to resort beaches and house reefs, Sim observed that “things still have not changed” as Chinese fatalities remain higher compared to European market.

“I do not think it’s going to change until the Chinese tour operators are able to educate the tourists visiting Maldives. They are not aware of the physical conditions here. Sometimes the [sea] currents are too high, and the Chinese are not aware of it”, he added.

Sim explained that it is difficult to monitor each tourist’s activity once they arrive on the resort. Therefore, he suggested that the best measure would be to ensure the tourists are educated about the local conditions prior to their arrival.

“We must set up guidelines for what tourists need to be educated about before coming to Maldives, and implement a way to monitor it”, Sim said. “Because once they arrive it is difficult to monitor each tourist or couple’s activities on a resort, and they would not like that either, because they want the privacy.”

Sim noted that the return visitors will be familiar with the Maldivian environment, while a rise in Mandarin-speaking resort staff will help bring down the fatality rate.

“I think in the long term the situation will work out,” Sim said.

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Talking about a Maldives music revolution

Sounds of Identity is a series of articles that look at Maldivian musicians and performing artists. The first in the series is a profile of the pioneering music movement in the Maldives Dinba Family.

Much like the era of Hendrix, the Beatles and Bob Dylan, the Maldives is undergoing its own musical revolution and developing an underground sound of its own.

The emerging new democracy is encouraging the development of the music industry. While a malady of music critics bemoan the lack of support for local music and a lack of original productions, music enthusiasts such as ‘Dinba family’ are creating fresh sounds. Because of their efforts, talented Maldivian artists are finally emerging.

Dinba is all about hitting back at the mainstream pop covers of the Simon Cowell era.

“Forget your manufactured pop covers – you can leave them to the resorts,” says Ahmed ‘Ishaantey’ Ishaan, the creator of Dinba music group, which consists of musicians and artists working at making original music and free expression in the Maldives.

Ishaantey prides himself on nurturing a new wave of underground music, sung by independent, edgy and talented Maldivian artists. As such, the Dinba Family is a fluid collection of more than 50 music artists, composers and songwriters (Ibbe, Faya, Rappay, and others). Inspiring creative music is the core goal, says Ishaantey, the grandson of the legendary singer Jeymu Dhonkamana.

Dinba music draws on an eclectic fusion of Maldivian and different styles of music influences, while blending elements of mainstream bass, rhythm and guitar into the mix. On the first Dinba Family album, Ishaantey played all the instruments himself and having even mastered the album A Different Taste.

“We create music of all genres, Dinba Family’s philosophy is to each his music. People listen to songs they like, no one can dictate taste.” The result is an amalgam of diverse sounds, varying from album to album and even from track to track.

Dinba Family has seven albums to its name. Their album with renowned local singer Shiuz named ‘Kula Yellow’ consisted of seven tracks of different styles, ranging from a piano ballad, world music and even a reggae song. ‘Fanditha’ album, is an eclectic mix, decorated with exquisite works of art drawn by local artists, complete with an interesting track listing of English-Dhivehi. The latest ‘Rakis Bondu’ features famous local singers like Unoosha, Affan, Haifa, Shiuz and Zara.

Creative freedom

What Ishaantey has successfully created in Dinba music is a not-for-profit movement, which provides music to as wide an audience as possible. Already they are starting to permeate the Maldivian cultural conscience. Dinba songs are comprised of a very different poetry.

“This is a 100 percent Muslim country and one of the only ways people can be relaxed is through music,” says Ishaantey.

Since childhood Ishantay has been playing music, going on to create the Seachild band in early 1990 with his childhood friend, singer-songwriter Esa.

Both of them wrote music together as they grew up, but faced difficult times during the previous government’s era.

“For 30 years it has been difficult to express anything in music, back then, in the Gayoom era, they censored lyrics, or musicians would constantly self-censor themselves which stifles creativity,” says Ishaantey.

Singers would insist on knowing lyrics beforehand and be terrified of singing anything that touched upon the government or the people.

“Musicians were scared to write songs in our mother tongue, but all that has changed. Kenereege Mohamed Nasheed [then an activist now the President of the Maldives] freed the Dhivehi language for us; this government gives us freedom to write what we want. We feel that with democracy there is a big change in the country and we want to make music in our own language while we still can, but this is not easy to do,” said Ishaantey.

Sounding Maldivian

Like their music, Dinba Family lyrics touch upon diverse aspects of Maldivian life, at times indulging in whimsical play on words. Some of the songs from Dinba Family have been hailed for preserving the age-old Maldivian style of songs/poetry, ‘An’ba’; offering cultural and societal insight.

Their latest album is Rakis Bondu and it is a study in diversity. It features an ode to a beloved child Dharifulhaa by Faya and great vocal effects by Shiuz while Unoosha belts out a declaration of love tinged with self doubt in Mashah. Muad’s Tis dhathi kamana hovers between spooky and intriguing: a woman steals a second glance and follows the man around, but it is unclear if she will be a prospective lover or stalker. The title track of Rakis Bondu sung by Muad, Shiuz, Haisham and Zara talks about a certain guy saying that only hypocrites can rule this country.

“When we make music we try to move away from sounds of music we had heard, to try and create something with a Maldivian feel,” says Ishaantey.

“At times we do succeed in this endeavor and end up creating a piece that cannot be pigeonholed, as being reggae, rock or anything.” Ishaantey says songs like Rah fushu vaahaka from Kula Yellow album, Koya from Zara’s album and title track of Fanditha album along with Soadhubeyge bodu saobu, Geydhoshu Kujja from Naacharangee fall into this category.

“When this happens often a person will turn around and say it sounds like a Zero Degree Atoll song.” Ishaantey says this in itself is a big credit. “We are happy when this happens, because Zero Degree Atoll is one group that had managed to come up with unique Maldivian sounding music that sets it apart from other world music.”

New pathways

Dinba Family’s unconventional approach even extends to the music’s marketing. Dinba music is compiled on CDs that are given away freely.

Rather than signing artists, the Dinba Family prefers artists to move freely without barriers. However it is the individual artist that holds the rights to sell songs that they perform in the Dinba Family.

“Singers come to us because we give them the space to be creative. We are lucky that a singer like Unoosha who is on the cusp of an international career [she is poised to sing for a famous film production house in India] sang for us. We push her to break boundaries in her singing. We do experimental songs with our vocalists,” says Ishaantey.

Some of the artists in the ‘Family’ include Zara, the first independent female artist to release a solo album in the Maldives history. Her second album with Dinba music Naacharangee featuring songs celebrating life, with those that raise social issues and concerns in was heavily supported and promoted by Wataniya. Ishaantey says “its companies like Wataniya that enables us to produce music.”

Despite the fact that a lot of youth seems to listen to and appreciate original Dhivehi music, Ishaantey says musicians who brought out albums in the past have said it does not sell well in the Maldives. “By giving away albums like this, we hope that in time we will be able to create a demand for original music in the market.”

Ishaantey feels that despite a thriving tourism industry, which caters mostly to high-end markets, the music industry is lagging far behind.

“Clientele from five star resorts want to hear jazz and diverse music, but the pay is so little that it’s not possible to develop the local music scene and buy proper equipment to play high quality music for those gigs.”

Dinba Family is working on their eighth album now, which will be out in March this year 2012. Some of the Dinba tunes are available on You Tube and via Wataniya’s Reethi Tunes engine, and Dhiraagu mytones, an online library of music by Maldivian and other artists.

Dinba music family had recently toured in the South in Maldives for the SAARC Festival and done a show with Shaaz in India ( Delhi ). Ishaantey says the love Indians have for music is amazing: “they love, respect and value musicians regardless of nationality.”

Dinba Family wants to try and establish a link with an international recording studio and Maldivian composers. “The Internet has opened up the world, and this will be a reality in the near future. Our heavy metal bands have already achieved this. It is sad to say that original music by Maldivians is not getting enough support from the media.”

Dinba Music has recently launched a website, where people can download music and budding musicians can contact them. The Dinba family does jam sessions at various locations and establishments across Male’. Talks are underway with hotels to have live bands playing regularly, and to help new music flow in the vibrant new democracy.

As Ishaantey says: “people go to resorts to perform, and sell-out to perform covers to earn money, but they come to Dinba Family because they want to play and they want to express their talents.”

Additional research by Aishath Shazra.

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