Inquiry commission conditions apply to all commission members: Commonwealth

The Commonwealth has clarified that criteria for members of the Commission of National Inquiry (CNI) are expected to extend to all members, under the government’s commitment signed last week.

The CNI was set up by incoming President Dr Mohamed Waheed Hassan to investigate the controversial circumstances that brought him to power on February 7.

Dr Waheed appointed the three member panel: Dr Ibrahim Yasir, Dr Ali Fawaz Shareef and Chair Ismail Shafeeu, Defence Minister under former President Maumoon Abdul Gayoom.

The ousted Maldivian Democratic Party (MDP) – and subsequently the Commonwealth Ministerial Action Group (CMAG) – challenged the independence of the commission and set a deadline for its composition to be adjusted.

Last week, a day before CMAG’s deadline, the government agreed to allow a retired Singaporean judge to co-chair the CNI, and also permit former President Mohamed Nasheed to appoint a representative to the commission.

Following the signing of that commitment – and the departure of Commonwealth Special Envoy Sir Donald McKinnon – the government gave a press conference during which Attorney General Azima Shukoor outlined the conditions for Nasheed’s appointee: they must not have served in a political position in the past two years, must not have taken a public stand on the transfer of power, and must “be of good behavior and integrity”.

If an acceptable appointee was not nominated before the June 1 deadline, the government stated that it would appoint a lawyer to represent Nasheed on the panel.

Following the government’s rejection of nine nominees, the MDP challenged these conditions as highly subjective: “They are [essentially] saying Dr Waheed will appoint President Nasheed’s representative,” said former Youth and Human Resources Minister, Hassan Latheef.

Spokesperson for the Commonwealth Secretariat, Richard Uku, told Minivan News that the criteria for membership of the CNI, as reflected in the commitment given to the Commonwealth Special Envoy, “are intended to apply to all Commission members, including existing ones as well as the nominee of former President Nasheed.”

“The Commission is intended to consist of persons who have not taken a public stand on the events of 7 February 2012 or who may be expected to testify to the Commission. The criteria are designed with this in mind,” he said.

“The Maldives Government has made a written commitment, witnessed by the Commonwealth Special Envoy Sir Don McKinnon, to keep one place vacant for a suitable nominee from former President Nasheed on the Commission of National Inquiry. It is the Special Envoy’s hope that such a nominee can be in place no later than 1 June 2012, so that the reconstituted Commission can commence its work,” Uku added.

MDP Spokesperson Hamid Abdul Ghafoor said it was likely that the Commonwealth would again have to mediate: “The government have defined ‘suitable’ in a manner conducive to them – in that case it might as well be Azima Shukoor. I think in the end it will be up to CMAG or the Special Envoy to define what they mean by this. That’s the impression I am getting at the moment,” he said.

The ‘Thinvana Adu’ campaign of NGOs has issued a statement in support of changes to the CNI, saying that it would “pave the way towards addressing the current political crisis”, and that any commitment to dialogue and working with international organisations by political actors “is a positive sign.”

Thinvana Adu spokesperson Aiman Rasheed said the NGO coalition was not able to comment officially on the conditions as they had not seen the Commonwealth’s agreement with the government and the MDP – “however any conditions should be agreeable to both parties,” he suggested. “Our stand is that the MDP should be represented on the commission, and that any people on the committee are acceptable to all parties. That is not the case with the current composition.”

Meanwhile, despite agreeing to change the CNI’s composition, the government has continued to maintain that the Commonwealth is being manipulated by opposition politicians, with President Waheed alleging to diplomats in Delhi last week that the Commonwealth was “intimidating” and “punishing” the government. He also challenged CMAG’s remit in placing the Maldives on its formal agenda.

“We are aware of the Maldives Government’s concerns as to CMAG’s scrutiny of the Maldives situation and have responded to them,” Uku told Minivan News.

“CMAG is specifically mandated by Commonwealth leaders to promote adherence to Commonwealth fundamental political values and to address situations where those values are seriously called into question. Given the situation where an elected Head of Government claimed that he was forced to resign, the nine Foreign Ministers who comprise CMAG felt obliged to be seized of the situation.”

Gayoom’s political party, the Progressive Party of the Maldives (PPM), have meanwhile also demanded a representative on the CNI.

“President Nasheed has made the false allegation that our party’s interim president is behind the coup, and if a seat is reserved for Nasheed’s representative, then we must have representation on the council as well,” said PPM Deputy Leader Umar Naseer, addressing media last week.

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What does the future hold for Kinboo?

Meet the famous Nile crocodile, whom we Maldivians call “Kinboo”. The cage pictured here, has been Kinboo’s home since it was caught 15 years ago on February 14.

The year, 1998, in which the Kinboo was caught in the Maldivian waters, I had  just started school. The report of its capture brought a mixture of shock and delight.

Like everyone, both children and adults, I was curious to see a crocodile. After all, the famous predator is an alien species to the Maldive’s eco system. Before that day, the only crocodiles people had seen or heard were from movies and books. For me, it was the Peter Pan cartoon – the “tick tock” crocodile that wanted to eat villain Captain Hook is an all-time favorite of mine.

But all the pushing and fighting my way through to the front of the flock surrounding the cage on my visit to see the Kinboo turned out to be a big disappointment. Unlike I had imagined, Kinboo was so small that he was barely visible in the little enclosure built at the children’s park.  The water at the enclosure completely covered it.

I struggled to get a glimpse and, before I could, was soon pushed back by the eager crowd. From what I overheard, Kinboo did  not surface.

It was almost over decade later that I got to visit Kinboo for the second time. While living in Addu, I heard stories told by visitors from Male’ about how big the Kinboo had grown. But again, it was nothing like I expected. The sheer size of its growth left me in shock: “It is so big,” I said to my friends in bewilderment.

Once barely visible, Kinboo was now almost 10 feet long. The water in the cage barely covered its belly as it lay flat inside. Its long powerful tail was curled up to fit inside the roofed-cage that is no larger than 15 by10 feet. Pieces of papers and candy wrappers were scattered inside, most likely thrown by eager visitors in an attempt to get  Kinboo’s attention.

Thinking of all those years of captivity disturbed me. After few more looks I went home like other visitors, but the thought of Kinboo’s miserable life never faded away.

“Free Kinboo” is of course not a new subject for a story, as some may have already thought whilst reading this article. Yes, I am guilty of bringing you old news.

Yes, I also know campaigns were started to “Free Kinboo” years ago. Kinboo even has its own Facebook page, calling for its immediate release, and bloggers have often repeated the lonesome story of Kinboo.

Children from Billabong High EPSS International school embarked on a mission to save the Kinboo in 2010 and for a moment it seemed that the Kinboo was finally going to be freed.

But the purpose of writing this piece  is to remind readers that the mission failed. Kinboo continues to miss out on the world beyond the bars.

As we grow up, finish school, start jobs, cast votes and even witnessed three president’s in office – nothing has changed for Kinboo.

The life expectancy of a Nile crocodile in captivity can be up to 80 years. Will Kinboo still be in the same cage when we have retired or even passed away?

So now you may ask, “What can we do about that?”

Some may even respond,”There are more important issues like a coup to write about, rather than a dinosaur.” For the latter, I have a request. Put yourself in Kinboo’s shoes. But wait, Kinboo doesn’t have shoes, so I rephrase, put yourself in Kinboo’s cage for a moment. Now imagine that moment was 15 years.

What exactly can we do for the Kinboo?

Environment Protection Agency (EPA) Director General Ibrahim Naeem believes there are two options.

“The first option is  to transfer the crocodile to a suitable zoo or wildlife park abroad, where it can be rehabilitated before being freed into the wild. Some efforts were made to rescue the crocodile. But it did not work for some reason,”  Ibrahim Naeem explained.

During the Billabong School’s mission to save the Kinboo, the school’s former Biology Teacher, Kate Wilson, wrote to an international agency in Australia, which rescues crocodiles that are injured or in bad condition.

Unfortunately, she never heard back from the agency.

“If we cannot work out a plan to rescue the crocodile,” Naeem said, “it should be killed”.

“It is indeed time we do something about the crocodile. We cannot keep it caged forever. Either we should kill it or move it to zoo in a foreign country,” he said. “It is costly to move the crocodile abroad. But the state also bears expenses to feed and keep the crocodile alive in the enclosure. So we have to decide,” he added.

The Maldives National Defence Force (MNDF), which oversees the crocodile, also expressed their discontentment at the prospect of keeping the animal caged for life.

“We don’t want to keep the crocodile inside the cage. It is there because no decision has been made otherwise. If possible we want to see what options we have,” said MNDF media official Lieutenant Abdullah Mohamed.

Friends with whom I shared the idea of  a “mercy killing” rejected it instantly, calling it “inhumane”.

But should we not take a moment to reconsider what exactly is inhumane. How long are we  to keep a living creature behind those bars for mere entertainment? Five more years? Maybe 20? Or until it dies naturally?

So I ask, how human are we to cherish our freedom, while the crocodile lies in a cage until death sets it free? A wise man once said, all that is needed for evil to triumph is good men to do nothing. Letting the crocodile suffer in cage is wrong, if not evil. It is time the authorities must decide.

Either kill Kinboo or free it.

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Home Ministry ask police to take over Usfasgandu area

Minister of State for Home Affairs Mohamed Fayaz has told Sun Online that the Police have been asked to take over the Usfasgandu area following the non-compliance of Male’ City Council (MCC) in handing the area over to the Ministry of Housing and Environment.

He is reported as saying that the police have been requested to do this as soon as possible, although discussions are said to be ongoing.

The raised area behind the Dharubaaruge convention centre is currently being used as the base for the Maldivian Democratic Party’s (MDP) protests. Most recently, weekly marches around Male’ originate and terminate at Usfasgandu.

The jurisdiction of the area has been under question for weeks, with the Housing Ministry first making clear its intentions to claim the area April 9. The ministry informed the MCC by letter that it had three days to remove the MDP from the area.

The Ministry argues that leasing the area to a group for political purposes contravenes the deregulation act under which the land was granted to the MCC.

In a precursor to this issue, the previous area at Lonuziyaaraiy Kolhu used for the staging of the MDP’s operations, dubbed ‘Justice Square’, was dismantled by police and the MNDF on March 19. The subsequent court case was dismissed on a technicality and, after being re-submitted, has recently been delayed once again following for a similar reason.

The MCC has remained defiant, last week writing to the Police, the Maldives National Defense Force (MNDF) and the Housing Ministry, arguing that the area was fulfilling a pressing need for large numbers of people to conduct political activities without inconveniencing residents of Male’ City. It also dismissed the legal right of the government to claim the area.

Just last week Sun reported the police’s denial that they would take over the area, following rumours that their arrival was imminent.

The Housing Ministry has also recently removed Sultan Park and the artificial beach area from the council’s jurisdiction.

“Maldives Police Service believes that such SMS’s can create fear in the society; there is no truth in the stories being spread that the Police are planning to take over Usfasgandu. Police are not making any preparation in this regard,” Sub-inspector Hassan Haneef told Sun.

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Adhaalath Party condemns MDP for disrupting Sheikh Ilyas’s sermon

The Adhaalath Party, led by Sheikh Imran Mohamed, has condemned the Maldivian Democratic Party (MDP) after a group of people said to be MDP supporters obstructed a sermon held by prominent religious scholar Sheikh Ilyas Hussain at Masjid-al-Furqan on Friday night.

In a statement, the party said the Maldives was a 100 percent Islamic nation and that no one should be given the opportunity to obstruct religious views, and called on authorities to give harsh penalties to people involved in such un-Islamic activities.

The Adhaalath Party said that such people were mentioned in the Quran and cited verse 114;1 ‘’And who is more unjust that he who forbids that in places for the worship of Allah, Allah’s named should be celebrated? –whose zeal is (in fact) to ruin them? It was not fitting that such should themselves enter them except in fear. For them there is nothing but disgrace in this world, and in the world to come, an exceeding torment.’’

The party also said that people “who use their brain” should “realise that MDP is a cult that revolves around former President Mohamed Nasheed.”

The Adhaalath Party called on all citizens of the Maldives “to stop supporting these people who do not love the religion or the citizens even a little bit.”

Last Friday a group of people said to be MDP supporters gathered outside Furqan Mosque while Sheikh Ilyas was delivering a sermon inside, and shouted at him saying he was a traitor.

A group of people came out of the mosque and clashed with the group outside, before riot police arrived in the area and restored order.

According to police, five men were arrested following the unrest and brought before court.

The court released three of them and extended the detention period of the other two.

Police Spokesperson Sub-Inspector Hassan Haneef today told Minivan News that Male’ City Council on Friday night requested police stop a sermon at the Furqan Mosque, just as it was beginning.

‘’We did not think it was appropriate to stop it because it was a religious thing and not a criminal offence, so we decided to solve it through dialogue,’’ Haneef said. ‘’But when police went to the area people were gathered and there was unrest.’’

He confirmed that two of the five men arrested were still under police charge while the other three had been released.

Sheikh Ilyas is a member of Adhaalath Party’s religious council and has been very critical of former President Mohamed Nasheed.

Adhaalath Party is one of the parties aligned with the current government. Current Islamic Minister Sheikh Mohamed Shaheem Ali Saeed is also a member of the party.

Tonight there is another sermon by Sheikh Ilyas due to be held at the same mosque, on the topic ‘Death’.

MDP Secretary General Ahmed Shah referred Minivan News to MDP  Spokesperson and MP Imtiyaz Fahmy ‘Inthi’, who did not respond at time of press.

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Nexbis project one third completed despite ACC’s legal effort

Despite the legal complications surrounding the deal, the Nexbis border control project has completed its first phase, with Rf10 million’s (US$650,000) worth of installation work having been finished, according to Sun Online.

The project involves the installation of an electronic border gate system in Male’s Ibrahim Nasir International Airport (INIA), bringing technological upgrades such as facial recognition, fingerprint identification and e-gates to the Maldives.

Assistant Controllerof the Department of Immigration and Emigration Ibrahim Ashraf confirmed to Minivan News that “the first phase is, to a certain extent, finished.”

The Rf500 million (US$39 million) deal had been brought to standstill by the High Court earlier this month in the latest in a series of delays which have led the Malaysian firm to threaten legal action against the Maldivian government should it incur losses for the work already done on the project.

Sun reported a source as saying that there were three phases in the contract with Nexbis. The second phase involves the installation of further systems for an online visa service while the third phase would include improving passport mechanism services.

The deal ran into trouble soon after it was awarded in 2010, with the Anti Corruption Commission (ACC) demanding the project be terminated and re-tendered, citing allegations of corruption in the bidding process.

Legal suit was filed in November 2011 after the government decided to begin work on the project against the ACC’s advice. The subsequent decision by the Civil Court was that the ACC did not have the authority to order the Department of Immigration and Emigration to stop the project.

Subsequent appeals to the High Court earlier this month resulted in an injunction against any further work until the case had been resolved. At the time, the ACC had expressed concern that the project could be completed before the conclusion of the High Court case.

Ashraf said that staff training for the new system was planned for May 10 but had been cancelled due to the injunction.

Hassan Luthfee, President of the ACC, said that the commission had not investigated into the work’s current progress but believed the work on the first phase had been completed prior to the High Court injunction, as did Ashraf. Luthfee said the ACC had appealed to the court to “delineate” the role of the ACC and expected a verdict by the end of this month.

According to the Anti-Corruption Act (Act No. 13/2008) under which the ACC was established, following any inquiry and investigation the commission is empowered to forward the case to the Prosecutor General for prosecution. It is also granted the power to order the institution in question to correct any failures in management that may have led to corrupt practices.

Part of the roles and responsibilities of the ACC, as defined in the constitution, is “to perform any additional duties or functions specifically provided by law for the prevention of corruption.” The ACC’s objections to the Nexbis deal were based on its belief that the bidding process was flawed.

A source at the immigration department at the time of the ACC’s initial complaint in 2010 claimed that it was the finance ministry which evaluated all the bids. The same source also argued that the desire within the ACC to stop the project could have been politically motivated.

The ACC filed a suit against the Home Ministry in January, citing “unlawful practices” in the tender process while evaluating bids to set up partitions in the ministry’s office.

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All-party talks reconvene amidst optimism on both sides

Representatives from both sides of the political divide have expressed optimism over the continuation of Indian-sponsored all party talks, which reconvene tomorrow after stalling on several previous occasions.

The talks include representatives from nine political parties and are intended to diplomatically resolve the upheavals experienced since February’s controversial transfer of power. Despite agreeing on an agenda for the discussions, the talks have ended in stalemate on numerous occasions since first being proposed.

The discussions were last halted earlier this month after certain government-aligned politicians questioned the legitimacy of the MDP members present following the passing of a no confidence motion by the party’s national council against its president and vice president.

While former MDP president Dr Ibrahim Didi continues to contest his dismissal along with former Vice President Alhan Fahmy, the Elections Commission (EC) has since said that it found “no evidence” that the vote was unconstitutional under basic regulations.

Ahead of the talks reconvening tomorrow, MDP representatives claim they are “optimistic” that the discussions can still lead to the establishment of dates for early elections, along with other agreements on reforming the fractious political landscape. However, the party has expressed concerns over alleged attempts by some participants to stymie the talks without first reaching any meaningful agreements on early elections.

Speaking to Minivan News today, President’s Office Spokesperson Abbas Adil Riza claimed the government was committed to the talks, insisting that all parties needed to agree on the direction of any resolution to the present political stalemate.

However, Abbas added that the MDP, which contends it was removed from office by a coup d’etat and replaced with President Mohamed Waheed Hassan’s “illegitimate government”, would be required to guarantee “peace” and “security” if talks were to continue successfully.

“The government is insistent that all parties should agree on certain things for the talks to continue,” he said. “These things include ensuring stability and calm.”

Mosque clashes

Abbas criticised protests conducted across the capital of Male’ over the weekend that reportedly saw some demonstrators interrupting a mosque service on Majeedhee Magu.  He said that the demonstrations, which led to clashes between demonstrators and the people inside, were a particular concern going forward for reaching an agreement.

“Some of these protesters are now attacking mosques. This level of fundamentalism that we have seen over the last two nights is not acceptable,” he said.

Clashes between the protesters and some of those inside the mosque led to the arrest of five people, Police Sub-Inspector Hassan Haneef said yesterday. The unrest is said by an eyewitness to have begun when MDP supporters attempted to disrupt a sermon which Male’ City Council had said was unauthorised.

Abbas claimed that the talks had previously been stalled after the MDP boycotted President Waheed’s opening address to parliament.  The speech was eventually given during a reconvened Majlis session, amidst heckling from MDP MPs in the chamber.

With the boycott now in the past, Abbas claimed that the MDP would be required to ensure it conducted itself in a “calm and peaceful manner”. He added that the government was ultimately confident that the issues related to the all party talks’ agenda would be resolved going forward.

Former Tourism Minister Dr Mariyam Zulfa, who is one of two MDP representatives sitting on the talks, said today that she was baffled by demands for the cessation of ongoing protests that had been held regularly across Male’ and the wider atolls since February.

“We have been accused of creating unrest though legal protests that we have been holding, and they have asked us to stop this,” she said. “We are simply expressing our freedom to demonstrate, so it is baffling that we are being accused of creating unrest.”

“Very optimistic”

Zulfa alleged that issues such as stopping protests, as well as the dismissal of its former president and vice president by national council vote, continued to be used as a means to try and deviate from the previously agreed roadmap talks.

However, she claimed the party was “very optimistic” that the talks could realistically lead to setting a date for early elections, as well as ensuring a broad consensus on other democratic reforms.

While having been previously critical of the intentions of other parties towards “cooking up” stalling tactics to block the talks, Dr Zulfa said that a comprehensive agenda for the discussions under mediator Ahmed Mujuthaba had been outlined.

“What we really hope for right now is that all the parties participate in these talks seriously,” she said. “We need to agree on prioritising items on this agenda, otherwise there will be a problem going forward.

Zulfa contended that the MDP itself had a “natural interest” in moving the setting of a date for early elections towards the top of the talks’ agenda.

She claimed that failure to do so in favour of other reforms would only serve to delay attempts to set early elections this year. Early elections during 2012 are backed by the MDP, as well as by international organisations like the Commonwealth and the EU.

“The whole idea of these talks is to iron out the differences we are having [with other parties]. Originally, it was agreed by all parties that early elections should be held. However, the representatives went back to their parties and suddenly they are now not agreeing on this,” she said.

President Waheed’s government has said that the earliest elections can be held under the constitution would be July 2013. The claims are denied by the MDP, which has said that elections could be held this year upon the resignation of the president.

Despite the government’s stance, Zulfa claimed that certain individual party leaders working within the coalition government such as Dhivehi Rayithunge Party (DRP) leader Ahmed Thasmeen Ali and Jumhooree Party (JP) head Gasim Ibrahim were both preparing for fresh polls.

“I am optimistic that these early elections can be achieved. If you look at the individual parties, Mr Thasmeen has maintained he is ready for elections. Gasim Ibrahim has also been talking about himself as a presidential candidate,” she said. “The only party I believe is not ready is the progressive Party of Maldives (PPM) – though they are a major power broker right now.”

Zulfa alleged that despite the encouraging level of impartiality shown during the talks by convenor Ahmed Mujuthaba and negotiator Pierre-Yves Monette, discussions needed to be held with each party to assure there was sincerity to reach an eventual agreement.

“We need both the convener and negotiator to sit down individually with all the parties and see if there is any common ground that can be reached, until then they may not be much point in coming together,” she said.

Zulfa alleged that during previous sessions of the all-party talks, representatives for President’s Gaumee Ithihaad (GI) party has said that even in a potential situation where Dr Waheed might opt to resign from his position, they would not allow him to do so.

According to Zulfa, on other occasions delegates in the talks claimed they would not concede to giving the MDP an early election.

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‘Apocalyptic’ floating island of waste in the Maldives: BBC

The Maldives are known as an unspoilt, paradise island destination for upmarket tourists but the BBC’s Simon Reeve has paid a visit to a part of the Maldives that tourists do not see – a huge floating island waste dump.

He was accompanied by local conservationist Marie Celine who explained how the country struggles with waste management.

The Maldives’ government told the BBC they were looking at ways to tackle their waste problem.

View the report here

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