April 2, 2012 – Minivan News

“Coup investigation not within our mandate”: HRCM, PIC, PG, ACC, MMC

Investigation into the legality and legitimacy of the transfer of power on February 7 is not within Maldives’ independent state institutions’ mandate, the institutions have said.

Instead, the Human Rights Commission of the Maldives (HRCM) and the Police Integrity Commission (PIC) will respectively investigate human rights violations and police conduct on February 7.

The Prosecutor General (PG) and the Maldives Media Council claim the two bodies do not have investigative authority, while the Anti-Corruption Commission (ACC) said no cases have been lodged with the commission regarding the transfer of power.

Following the Commonwealth and EU’s call for an impartial investigation into the alleged coup d’état, President Dr Mohamed Waheed Hassan appointed a three member Committee of National Inquiry (CNI) to investigate the transfer of power. However, the commission has come under fire from the Maldivian Democratic Party (MDP) and civil society groups for unilateralism and lack of independence.

Moreover, the CNI has said it will not conduct a criminal investigation, but will publish a report based on members’ informed opinions in May. The commission’s mandate “specifically indicates that the inquiry will not be a criminal investigation. Any criminal investigation pertaining to the subject of the inquiry will remain the responsibility of the relevant authorities”.

But with the abdication of responsibility by independent state institutions, it now appears no independent commission in the Maldives will investigate the power transfer of February 7.

Ousted Maldivian Democratic Party (MDP) spokesperson Hamid Abdul Gafoor expressed “deep disappointment” and said institutions were “not extending themselves enough.”

“When the system breaks down, it is the responsibility of national mechanisms to deal with it. The democratic impulses driving these institutions are dying. This is why we are asking for external involvement and mediation in the inquiry,” he said.

President Mohamed Nasheed stepped down after elements of the police and military mutinied and called for his resignation. Video footage also show the police and military vandalising MDP’s offices and taking over state media Maldives National Broadcasting Corporation (MNBC) prior to Nasheed’s resignation.

Police cracked down on peaceful demonstrators in Malé the following day on February 8, leading to widespread arson and vandalism of courts, police stations and courts in the atolls.

HRCM

Speaking to Minivan News, the Human Rights Commission of the Maldives (HRCM) said the commission will investigate human rights violations on February 6, 7, and 8, and release a comprehensive report by mid-April. However, the commission will not look into the transfer of power.

“We will not be looking into the transfer of power. The transfer of power is out of the commission’s mandate or the capacity in terms of numbers to investigate such a complex matter that involves so many institutions,” said commission member Ahmed Abdul Kareem.

“If HRCM gets involved in this inquiry, then we will not be able to investigate day-to-day cases,” he added.

He also said the best solution was for an impartial state inquiry with the representation of the Majlis and courts.

HRCM is currently investigating former President Mohamed Nasheed’s detention of Chief Judge of the Criminal Court, Abdulla Mohamed. The former President, along with former Home Minister Hassan Afeef and Defence Minister Tholath Ibrahim, were last week summoned for questioning by the commission.

In response Gafoor said, “If the HRCM does not understand a coup to be an infringement of an entire public’s human rights, they are not extending themselves at all.”

Police Integrity Commission

President of the Police Integrity Commission (PIC) Shahindha Ismail said the commission would only be investigating the legality of police actions before and after February 7.

“Although the question of a coup has been raised, the PIC does not have the mandate to investigate such a claim. We are investigating police actions before and after February 7—whether they were lawful or unlawful,” she said. The PIC can only address the question of police mutiny once investigations are complete, she added.

Further, the PIC can only investigate the police role, but not that of the military. “There is no oversight body of the military except for the parliament,” she said.

Police Commissioner Abdulla Riyaz previously told local media the police would not be conducting an internal investigation of police conduct during transfer of power, citing concern of investigation “overlap” on the issue between the HRCM and the PIC.

Prosecutor General’s Office

Deputy PG Hussein Shameem said the Prosecutor General was not an investigative body, but could order an investigation if an investigation is not taking place.

“We have not ordered an investigation because we have been informed such an investigation is ongoing,” Shameem said referring to the CNI’s work.

Article 223 (d) of the constitution gives the PG the authority to oversee the legality of preliminary inquiries and investigations into alleged criminal activity. However, with the CNI stating it will not conduct a criminal investigation, the PG office’s role in the CNI inquiry is now unclear.

Maldives Media Council

Minivan News asked the Maldives Media Council (MMC) whether it was investigating the police and military takeover of the Maldives National Broadcasting Corporation (MNBC) on February 7. Video footage shows some kind of firearm or explosive being used to enter the courtyard, and MNBC staff alleged the police and military intimidated them, and forced some journalists to go home before rebranding the station to its former title under Maumoon Abdul Gayoom.

The 15 member MMC is mandated by law to establish and preserve the freedom of media.

MMC President Mohamed Nazeef said the council was not an investigative body, and was waiting on other institutions to complete investigations.

“We are waiting since other institutions, such as the HRCM are investigating this matter. We do not want an overlap. We are not an investigative body and we cannot conduct an in-depth criminal investigation. We can only recommend matters of concern to the police. But if no one is investigating the issue, we will address it,” he said.

“MNBC was state media, controlled and protected by the government. Our concern and focus was more on the media personnel and private independent media organisations,” Nazeef added.

The Anti-Corruption Commission

The Anti-corruption Commission (ACC) said that although the MDP alleged elements of the police and the Maldives National Defense Forces (MNDF) were bribed to revolt against Nasheed, the commission could not investigate the entire military and police force.

“There are allegations that the police and military took bribes during the transfer of power. But there are approximately 5000 police officers. We cannot investigate the entire police force. We would need to conduct a forensic investigation, check their bank accounts and the bank accounts of relatives. But no one, even on a podium, has said with certainty the individual who took bribes. They say all police officers took bribes. I would like whoever is accusing the police to give us more details,” ACC President Hassan Luthfee said.

He also said there had only been two cases submitted regarding the transfer of power. One of them concerned a complaint that MDP demonstrators who laid money at police feet were actually bribing the police. The MDP were protesting against alleged police bribery.

The CNI

The CNI has now asked for witness statements and asked the public to upload statements and videos on their website if witnesses were uncomfortable giving statements in person.

The CNI has collected statements from all political parties except the MDP. But the MDP has refused to cooperate with the committee.

“We do not recognise the CNI. How can the people who instigated a coup investigate the coup? There is no validity in the process. How can we give any weight to it?” Gafoor told Minivan News.

The MDP has raised concerns over the committee’s composition. The CNI is chaired by former President Maumoon Abdul Gayoom’s Defence Minister Ismail Shafeeu. The MDP has also called for strong international presence on the commission.

The EU, Commonwealth, India, UK and the US have called for an impartial investigation.

Dr Waheed Hassan told local television station Villa TV (VTV) he would resign and reinstate ousted President Nasheed if the CNI established the February 7 transfer of power to be illegitimate.

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Thieves makes hole in roof to enter shop, steal Rf 20,000

Last night thieves have entered ‘Sales Zone’ shop in Maafannu ward, after cutting of the roof and stolen Rf20,000 (US$1300) worth products from the shop.

Police have confirmed the incident in a statement today and have said police was informed about the case at 7:50am this morning.

Police have not disclosed further information of the case.

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Dead fish washing up on beaches in northern atolls

Large numbers of dead fish have been washing ashore on resorts and inhabited islands in the upper north of the Maldives in Noonu and Haa Atolls, reports the Ministry of Fisheries and Agriculture.

The dead fish are overwhelmingly red-tooth trigger fish (odonus niger, locally known as vaalan rondu), but include several other species of reef fishes including Acanthurids (surgeon fish) and Serranids.

The Marine Research Centre (MRC) is currently investigating the incident.

MRC Director General Shiham Adam said a series of similar incidents were reported from June-December in 2007. Tests showed the increased presence of the bacteria Staphylococcus in the spleen of fish samples, but the investigation was inconclusive.

“We sent samples sent to the US and it seemed be related to a bacterial infection in the gills that causes them to suffocate,” Shiham explained.

“A lot of people say it is global warming and environmental change. [Fish kill incidents] are not something that normally happens, so we are worried about it,” he said.

Minute changes in the environment during critical periods of a species’ life-cycle could trigger such events, Shiham explained.

In a statement, the Fisheries Ministry noted that the Maldives lacked the capacity to deal with such large scale incidents of fish-kill, “so we have to resort to collaboration with institutes and individual parties from overseas. As such we are awaiting results from fish samples which have been sent to laboratories in India and Denmark.”

Marine biologists have also reported ‘red-tides’ in the lagoons and beaches of some resorts, which sometimes attributed to algal blooms, such as trichodesmium.

“Phytoplankton (or algal) blooms are reported to be a very common cause of fish kills around the globe,” noted the MRC’s report into the 2007 fish kill incidents.

“Controlled populations of several groups of potentially harmful algae usually belonging to the dinoflagellates) exist) in the marine environment. When conditions become favourable (nutrient enrichment of the waters, changes in physical conditions of the surrounding waters, etc) the microalgae (usually also associated with the secretion of toxins) populations burst causing mass mortalities of fish,” the report noted.

“These toxins are not necessarily always associated with fish kills, but rather the planktivores that feed on these dinoflagellates accumulate the toxins, which in turn affects higher predators (including human beings) that feeds on the toxin-accumulated fish.”

The statement from the Fisheries Ministry advised the public to not to eat the dead fish or go into murky water, as it may be potentially harmful to health.

The MRC requested that sightings of fish kill incidents and/or red tides be forwarded to MRC staff Ahmed Najeeb ([email protected]) or Faheeda Islam ([email protected]).

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MNDF officers given two years of allowances in lump sum

An allowance of military personnel pending for more than two years has been disbursed in a single payment, Haveeru has reported.

Maldives National Defence Force (MNDF) Spokesperson Colonel Abdul Raheem was quoted as saying in the paper that the allowance was given to the officers who have served in one rank for more than two years.

“Every military officer who had served in a single rank for two years is entitled to Rf250 per month in accordance to the change in regulations in 2009. However, that amount had not been paid. The outstanding amount was paid out in a lump sum with last month’s salaries,” Raheem said, according to Haveeru.

The paper also reported that some officers had received over Rf6000 (US$390) in accrued allowances, although a total figure spent on the pay out, or how many officers received the allowances, was not stated.

The officers will continue to receive the allowance on a monthly basis from this month onward, according to the MNDF.

While the allowance owed to military officers had been paid, the pay cut from police personnel and civil servants by the former government had not been paid thus far.

The new government has issued assurances that the amount of the salary deduction will be paid out.

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Civil Court orders JSC to reassess the eligibility of judge dismissed for assault

The Civil Court on Sunday ordered the Judicial Judicial Service Commission (JSC) to reevaluate the qualifications and eligibility of Raa Atoll Maakurathu Court Magistrate Adnan Hussain, who was dismissed in 2010 for failing to meet the “high moral character” required of a judge.

The court issued the ruling following a suit filed by Magistrate Adnan Hussain, claiming he was disqualified unconstitutionally. He had also asked the court to order the JSC to reimburse his full salary and privileges from August 2010 until now.

During the reappointment of judges in 2010, in which all but a few sitting judges in the lower courts were given life tenure, the JSC decided to disqualify Adnan Hussain and several other judges as he had failed to meet the “high moral character” requirement stipulated in article 149, due to prior conviction for assault.

In addition to the qualifications specified in Article (a), the judge should “not [have] been convicted of an offence for which a hadd is prescribed in Islam, criminal breach of trust, or bribery”, according Article (b) section 3.

However, on Sunday the court contended that the offence of assault “does not constitutionally necessitate [his] dismissal”.

Presiding Judge Mariyam Nihaaath acknowledged that Hussain was convicted for the “least form” of assault and it was committed before his appointment to the bench in 2007. Furthermore, she observed that he had not repeated the same offence and did not have any prior criminal records, which proved that he has no intention of repeating the offence.

Moreover, as it was proven in court that judges with similar convictions were deemed eligible during the reappointment process, Nihaayath contended that Former Magistrate Hussain must be treated same those judges.

She concluded that JSC discriminated against Hussain, adding that commission had acted in a manner which violated his constitutional right to non-discrimination and equal protection before law.

“Therefore, from March 29 onward, within the next 30 days, the JSC must reevaluate Hussain’s qualifications to determine his eligibility,” she ruled.

JSC’s decision in 2010 to remove dozens of judges from the bench for contradicting moral character clause, has been previously challenged in the court.

According to the article 15 of the Judges Act – which came into effect five days after the reappointment of judges – a judge will be considered as failing to meet the required ethical and moral standards if they had served a sentence for a criminal offence in the seven years prior to the appointment.

The 2008 constitution created and mandated the JSC with bringing the judiciary in line with its new standards designed to meet the values of a functioning democracy within two years of the constitution coming into effect. The deadline expired on 7 August 2010.

Had the passage of the Act taken less time in parliament, the JSC would have been in possession of detailed guidelines on if, how and when a member of the judiciary can be removed from the bench.

Judges argued in court that the JSC deliberately decided not to wait for the legislation to be passed by the Majlis and, in fact, expedited the dismissals to suit members’ own personal opinions and political interests, while disregarding their criminal convictions.

Meanwhile, JSC’s decision to reappoint two judges previously removed from the bench for sexual misconduct in December 2011, prompted criticism from several lawyers – however, the JSC defended itself citing that the Judges Act allowed it as the convictions pre-dated the aforementioned seven years.

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Foreign Minister visits India

Foreign Minister Dr Adbul Samad Abdullah yesterday travelled to India on an official visit to meet with his Indian counterpart, Minister of External Affairs S.M. Krishna.

India was one of the first states to recognise the new President, Dr Mohamed Waheed Hassan, after the resignation of Mohamed Nasheed. Nasheed is reported to be planning a trip to India to meet with politicians later in the month.

India has offered both diplomatic and material assistance to the Maldives since the events of February 7, brokering a multi-party plan that was intended to lead to new elections, as well as offering to replace police vehicles destroyed during the unrest.

The Defence Minister, Mohamed Nazim met with Indian military officials earlier in the week to discuss greater military coordination between the Maldives and its northern neighbour.

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Parliament discusses creation of new ministries

Parliament this morning sent the Vice President and cabinet ministers’ appointment to the Government Oversight Committee, during the second sitting of the first session of the year.

Deputy Speaker of parliament Ahmed Nazim led the sitting this morning and Maldivian Democratic Party (MDP) MPs have been cooperating, although the MDP Parliamentary Group has decided not to cooperate with any bills sent to the parliament by the government alleging that the current government is unconstitutional.

The constitution obliges the President to submit the cabinet ministers appointment to the parliament within seven days of making appointments for approval.

Deputy Speaker Nazim today at the starting of the parliament meeting announced that many resolutions submitted to the parliament during the days of former President Mohamed Nasheed had been withdrawn by the MPs who presented those resolutions.

During today’s sitting parliament debated an the issue sent by the government to bring amendments to the government infrastructure.

The new government has proposed to change the names of the Ministry of Health and Family to the Ministry of Health, and the Ministry of Housing and Environment to the Ministry of Housing and Infrastructure.

The government has also proposed to create two new Ministries called the Ministry of Gender, Family and Human Rights, and the Ministry of Environment and Energy.

Speaking during the parliament sitting MDP Chairperson ‘Reeko’ Moosa Manki contended that the annual budget approved by parliament did not have the funds to create the new two ministries, and that if those two ministries were created it would be an unlawful action.

He said that if the government created the two new ministries it would be a violation of the budget approved by parliament, and that it would prove to the citizens that this is an unconstitutional government.

Jumhoree Party (JP) Leader and MP ‘Burma’ Gasim Ibrahim responded saying that although the budget approved for the year did not have the budget to create two new ministries, the ministries could be created by borrowing money from the budget already allocated for the Health Ministry and Housing Ministry.

Gasim said the money could be taken from the state contingency budget as well, and said there was no legal obstruction in creating the new two ministries.

Parliament’s first sitting of the first session for the year was disrupted by MDP MPs who staged protest inside the parliament following the alleged coup.

MDP MPs obstructed President Dr Mohamed Waheed Hassan from delivering his presidential address to the opening session of parliament, contending that his appointment was illegitimate as former President Mohamed Nasheed had been forced to resign in a police and military-led coup.

During a second attempt on March 19, Dr Waheed was able to deliver a truncated version of his address, over the heckling of MDP MPs and large protest gatherings outside.

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Maldives reverts to ‘Sunny side of life’ branding, targets one million tourist arrivals for 2012

The Maldives Marketing and Public Relations Corporation (MMPRC) has appointed staff to target specific markets for the tourism industry, in a bid to reach one million tourist arrivals in 2012.

The markets to be targeted included Italy and Japan (Ibrahim Asim), Germany and Switzerland (Fathimath Afra), UK, China and Korea (Fathimath Raheel), Russia and France (Najumulla Shareef), Spain (Fathimath Arushee), India (Aishath Rimna) and the Middle East (Mariyam Rasheed).

In a press conference on Monday, newly-appointed Deputy Minister of Tourism Mohamed Maleeh Jamaal – previously Secretary General of the Maldives Association of Travel and Tour Operators (MATATO) – said the corporation intends to launch several campaigns and PR activities in major tourist arrival markets to the country.

“We have about 102 resorts and around 26,000 beds. If each resort sets a target of bringing three more tourists to each bed, or 77 more tourists than the number that booked the resorts last year, we would easily reach the target,” Jamaal said.

He said the corporation plans to conduct joint promotion campaigns along with the tour operators and resorts, and had segmented itself to target each market.

The MMPRC revealed that it had been given a budget of Rf 70 million (US$4.5 million) to conduct marketing activities for the year.

Jamaal said that the budget for last year had been US$2.3 million, and with that budget they the country had seen the tourist arrivals of around 900,000.

“So this year, with this budget, we are confident that we can reach the target,” Jamaal said.

Jamaal expressed disappointment over the UK-based NGO Friends of Maldives (FOM)’s travel advisory, asking that potential tourists consider the idea of being a “responsible traveller” by avoiding specific resorts owned by people allegedly involved “in the subversion of democracy, and human rights abuses in the Maldives”.

“We are disappointed because, the tourism industry contributes 70 percent of every hundred rufiya every citizen of this country earns, which means from every hundred rufiya, 70 rufiyaa comes from the tourism sector. So every impact on the country’s tourism sector impacts the general living of the people,” Jamaal said.

“I think those who conducts these activities really envy the [success of] the industry. This is very sad. But we have the plans, and the capacity to overcome such negative campaigns, and therefore we will face every challenge and we will overcome that as well,” he claimed.

Regarding a reported recommendation from the International Monetary Fund (IMF) that the Maldives increase the bed tax levied on the tourism industry because of the state of the economy, and a comment made during a meeting of parliament’s public finances committee about the decline of the Chinese tourism market, Jamaal said that the tourism ministry did not forecast that the decline would continue.

“The Chinese market is improving. Our [predictions] do not show that the Chinese market will decline to the extent the IMF has said, and we had a positive growth in the last three months. This gives evidence to it,” he said.

Chinese tourist arrivals dropped by 34.8 percent to 12,237 in February compared to the same point last year, according to Asian travel trade newspaper TTG. Around 6,500 fewer tourists arrived from China last month, largely due to the cancellation of charter flights, which are expected to resume in April.

Asked about the impact media coverage of the political instability was having on the Maldives’ reputation as a safe and stable tourism destination, Jamaal acknowledged that certain international media coverage had negatively affected tourism.

However Jamaal said he believed the situation would not significantly impact tourist interest in the Maldives as a holiday destination.

“Our efforts to counter the bad image given out by the international media will help us recover the decline,” he said.

“In order to consolidate the Chinese market, a senior delegation consisting of key government officials and members of the MMPRC, in partnerships with Mega Maldives Airlines, had decided to go to four major cities in China to meet the authorities, tour operators and journalists.

“We will build awareness in China about what has happened in the Maldives, and I am sure that after that the Chinese market will improve further,” Jamaal added.

“However, we do not believe that the Maldives will be significantly affected by these negative headlines as the destination remains popular in our major source markets like Europe. Despite the economic slowdown that has taken place across the EU, we have seen positive growth.”

Reverting back to Sunny Side of Maldives

Jamaal announced that the country would be reverting back to its former branding ‘Maldives: the sunny side of life’, instead of the ‘Always Natural’ branding introduced under Nasheed’s government.

Jamaal told Minivan News that the decision to revert back to the Sunny Side of Life branding was based on “a number of questions and research the industry had about adopting a new corporate identity for Maldives tourism.”

“At the time of the rebranding we had to ask ourselves certain questions; such as do we have the budget to support a new brand identity? Was it the best time to introduce a new message?” he said. “The Maldives like many nations around the world is facing an economic crisis.”

Jamaal claimed that relying on a strong and established brand was the best direction at present for tourism marketing, but suggested it would be “enhanced” into subcategories such as “Maldives: the Spiritual Side of Life” to promote spa operations.

“This year instead of more generic messages, we will have specific focuses on certain sectors to mirror the efforts of the country’s tourism industry,” Jamaal said.

MMPRC was established during the time of former president Mohamed Nasheed to spearhead the country’s public relations and marketing strategy, replacing the former Maldives Tourism Promotion Board (MTPB).

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India’s response to coup “cold”, Ibra tells Times of India

India should come down hard on the present regime in the Maldives and ask President Mohammed Waheed Hassan to call for general election this year, senior Maldivian senior statesman Ibrahim ‘Ibra’ Ismail, has told the Times of India.

Ibra said India’s response to the coup in Maldives was cold and that the largest democracy in the world had shut its eyes on the human rights violations that were going on in his country.

“The protests against the military rule are on the rise. In the last 40 days, more than 650 people have been arrested compared to the 10-15 detained for hooliganism in the last three years of democratic rule,” he said.

Ibra, who led the first pro-democracy mass protest in 2004, which led to the formation of the first democratically-elected government in Maldives, admitted they didn’t see the coup coming until it was too late. “We should have been careful as the elements of dictatorship don’t go away too easily.”

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