August 9, 2012 – Minivan News

Hassan Saeed assesses six months of Waheed’s presidency

“Any attempt to review Dr Waheed’s half year in the presidency should bear in mind the challenges he faced and the past behaviours of his predecessor that he avoided adopting himself. Only thereafter will we be able to fully assess any material advances his presidency brought,” writes President Waheed’s Special Advisor and leader of the Dhivehi Qaumee Party (DQP), Dr Hassan Saeed for Haveeru.

“Dr Waheed was called in to office in a most unusual manner. The day after he took the oath of office, his predecessor claimed that he had resigned at gunpoint.

To anyone who was not aware of the character of the people involved, this chain of events might not sound like a normal governmental transition.

Perhaps understandably, some international organizations were soon demanding answers to why this change had happened with some people in them questioning the legitimacy of his rule. I’m sure everyone will recall attitudes in the international community shifted back and forth over those early weeks.

As a small country, the Maldives relations with its neighbours and with international institutions are vitally important. Clearly as a result of this a significant percentage of Dr. Waheed’s time was spent on addressing the concerns raised. This work has in recent months stabilized with the establishment of the Commission of National Inquiry (CoNI).

CoNI was not just established to respond to international opinion, but also to demonstrate that the Government could be transparent to its own people. Having set this up in the most professional and impartial manner, one would have hoped that the natural reaction from all sides of the argument would have been to wait for its outcome.

However that was not to be the case. Nasheed and his supporters have been out on the streets creating havoc and committing crimes. Security forces have had to spend a lot of time attending to these activities at a time when the public has been demanding the government does more in addressing crime and punishing criminals in response to recent high profile cases of murder.”

Police cannot order MDP to vacate Usfasgandu, Civil Court rules

The Maldives Police Service does not have legal authority to order the opposition Maldivian Democratic Party (MDP) to vacate its ‘Usfasgandu’ protest camp on May 29, the Civil Court ruled today.

On May 29, police raided Usfasgandu with a search warrant from the Criminal Court and ordered the MDP to vacate the area before 10pm, after which the Maldives National Defence Force (MNDF) began dismantling the protest camp.

The Civil Court however issued an injunction ordering the security forces to halt the dismantling after the MDP challenged the legality of the operation. The injunction was to stand until the court reached a verdict and was later upheld by the High Court.

Police had obtained a warrant to search Usfasgandu on the grounds that the MDP was using the area as a hub for criminal activity and black magic.

Police alleged that people in the Usfasgandu area verbally abused police officers and damaged a police vehicle on April 20, obstructed a Maldives National Defence Force (MNDF) exercise on May 9, and that, on May 25 “MDP protesters threw a cursed rooster at MNDF officers.”

MDP lawyers however argued at court that the warrant did not provide a legal basis to dismantle the demonstration area.

Following the dismantling of the MDP’s protest camp at the tsunami memorial area on March 19, the Male’ City Council (MCC) leased the Usfasgandu area to the former ruling party for three months, prompting repeated attempts by the government to reclaim the area.

The MCC – which has nine MDP councillors and two government-aligned Dhivehi Rayyithunge Party (DRP) councillors – however refused to hand over the area to the Housing Ministry despite a cabinet decision authorising the Housing Ministry to reclaim the plot.

In its verdict today, the Civil Court noted that legal dispute between the MCC and Housing over guardianship of the Usfasgandu area could only be settled once the Civil Court reached a verdict on a separate case filed by the ministry requesting the MCC be ordered to hand over the plot.

As the MDP had a legally binding agreement with the MCC for use of the area, Judge Hathif Hilmy ruled that police could not infringe on the rights of the MDP as it was not party to the dispute between the MCC and the Housing Ministry.

Police therefore could not enforce the position of one party in a civil dispute without a court order as such an action would violate the constitutional rights of administrative fairness and equality (articles 17 and 20) of the other party.

Moreover, police could not infringe on the MDP’s right to use the leased land during its investigation of alleged criminal activity, Judge Hathif Hilmy ruled.

The Civil Court ruling today invalidated the police letter on May 29 ordering the MDP to vacate Usfasgandu or face confiscation of property.

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Algerian businessman donates MVR3.1million to mosque fund

Islamic Minister Mohamed Shaheem Ali Saeed has today told Sun Online that an Algerian businessman has decided to donate MVR3.1 million ($US200,000) to the mosque fund after visiting Male’ as a tourist.

The Minister explained that this donation would cover the cost of 20 percent of the building currently under construction for the Waqf fund, with the Islamic Bank paying for the remaining 80 percent.

Sun reported that the fund, which was started to provide financial assistance to mosques, has thus far received MVR15 million (US$974,000) in donations. Nearly one third of this is said to have been spent on the renovation of mosques.

Shaheem also said that he believed the fund would receive more donations at the upcoming Organisation of Islamic Cooperation (OIC) conference in Saudi Arabia on Sunday.

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ADK says co-payment will be available from next week

ADK hospital has announced that it will take co-payment from next week after the government decided to charge a co-payment from the national health insurance scheme, Aasandha, from private hospitals and clinics.

The company had previously stated that such services would be available from August 1.

The hospital’s Managing Director, Ahmed Afaal, told Haveeru today that, whilst negotiations with the government regarding collection of the payment were ongoing, the price of services at the hospital would not change.

The Aasandha company has said that that agreements for co-payment has been reached with eight other clinics although it has yet to release a price list, reported Haveeru. Over 60 private healthcare providers have applied for Aasandha coverage.

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Immigration Department announces changes to service provision

Immigration services will now be offered solely online, Senior Immigration Officer Ahmed Nadeem has told Haveeru.

Services such as extending visas, renewing work permit cards, and paying deposit money will now have to be done online. He added, however, that people would still be able to visit the office for collection of passports and the payment of visa fees.

Nadeem told Haveeru that this change in policy would reduce waiting times and increase the speed of service provision.

He also stated his belief that the new system would greatly reduce instances of fraud in the immigration process.

It is estimated that the number of immigrants in the Maldives will equal the local population by 2018.

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Reporters Without Borders condemns Raajje TV sabotage, “growing media polarisation”

Reporters Without Borders (RSF) has condemned the sabotage of opposition-aligned broadcaster Raajje TV that terminated the station’s broadcast, after critical cables in the control room were cut.

“This targeted and well-prepared operation was the foreseeable culmination of the new government’s escalating verbal attacks on Raajje TV,” said RSF in a statement. “How the authorities respond will be seen as a test of their commitment to media pluralism.”

The press freedom organisation noted that the “growing media polarisation between ’pro-Nasheed’ and ’pro-Hassan’ camps has reached a toxic level and the right to receive and impart news and information is the first victim.”

“Many journalists have been arrested, attacked or threatened in recent months during demonstrations organized by Nasheed’s supporters to press their call for early elections. While appealing to all sides to calm down and reflect on the role they should play in a democratic debate, Reporters Without Borders condemns these repeated attacks on journalists by the authorities,” RSF stated.

“The government and police have played a leading role in the deterioration of the situation. Instead of trying to create a healthy environment that would assist the development of a free and pluralistic press, they have exacerbated the rivalry and used the media for political ends.”

RSF called on authorities “to moderate their criticism of Raajje TV, to ensure that the sabotage of the station is fully and impartially investigated, and to make sure that journalists are not subjected to further attacks. At the same time, we urge Raajje TV’s journalists to make a clear distinction between their political involvement and their professional work.”

Cables in Raajje TV’s control room were cut early on the morning of August 7, after intruders shut down electricity to the building causing the station’s electronic locking system to fail.

“We suspect that either the culprit knows this place very well, or that this was done with the cooperation from a person who knew the place very well,” said the station’s Deputy CEO, Abdulla Yamin.

Following the incident, Commissioner of Police Abdulla Riyaz on twitter “[Condemned] the attack on Raajje TV. All resources will be used to investigate to find the perpetrator(s).”

Meanwhile, police also told local media that they would reconsider a decision not to cooperate with the station’s reporters, including denying them access to secure areas during protests, after urging from the Maldives Broadcasting Commission.

The Maldives is ranked 73rd out of 179 countries in the 2011-2012 Reporters Without Borders press freedom index, which was released before February’s events.

“The media situation has deteriorated dramatically since then,” the organisation observed.

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“Why doesn’t Rasheed petition FIFA to sack me?”: Dr Shaheed rubbishes Riyaz’s calls for his resignation

Deputy Leader of the Dhivehi Qaumee Party (DQP) and MP for Vilifushi constituency Riyaz Rasheed yesterday submitted a resolution to the People’s Majlis calling on former Foreign Minister Dr Ahmed Shaheed to resign from his post as UN Special Rapporteur on Human Rights to Iran.

Sun Online reported that the resolution was linked to the recently published 2010 audit report of the Foreign Office, dating from the time Dr Shaheed headed the department during the Presidency of Mohamed Nasheed.

The media outlet reported that Rasheed’s resolution called for action to be taken against Shaheed for his part in what the MP believes to have been corrupt practices.

“We call for the investigation of these accusations of corruption, and also to take action against Dr Shaheed,” the resolution is said to have read.

Shaheed responded to the corruption allegations shortly after the report’s release, calling them “politically motivated, misleading, ill-informed, and anachronistic”.

He noted that the report highlighted “systemic deficits” but said he felt they were in no way indicative of a lack of integrity of civil servants in the office.

Rasheed was today unwilling to speak with Minivan News, so it remains unclear what action he proposes the Majlis take against Shaheed who works in an independent capacity, without salary, on behalf of the United Nations.

Comments on Shaheed’s Twitter page yesterday suggested that he failed to see how Rasheed’s wishes were pertinent to the Majlis’s remit.

“Why doesn’t [Riyaz Rasheed] petition FIFA to sack me?” he asked in one post.

“If someone told him that a resolution in the parliament is not going to strip of him his FIFA referee accreditation, he might understand,” said Dr Shaheed, when speaking with Minivan News today.

Shaheed also suggested that the move by Rasheed was an angry response to the recent disclosure of details concerning money owed by the government to forensic accounting firm Grant Thornton.

The firm recently invoiced the government for over Rf107million (US$7 million) as a cancellation fee, after the current government requested the firm halt its investigation into illegal oil trading involving prominent politicians.

Special Rapporteurs are appointed after being recommended to, and ratified by the Human Rights Council (HRC) – a subsidiary body of the United Nations General Assembly.

The HRC’s handbook on its special procedures states that “individual mandate-holders are selected on the basis of their expertise, experience, independence, impartiality, integrity and objectivity.”

Rasheed’s resolution says that Shaheed owed his position to an opportunity provided to him by the Maldivian state which may allude to his nomination having come from the Foreign Ministry. This is allowed for in the HRC’s procedures.

The position, however, is by its very nature not affiliated with the government, as the HRC handbook makes clear.

“The requisite independence and impartiality are not compatible with the appointment of individuals currently holding decision-making positions within the executive or legislative branches of their Governments or in any other organization or entity which may give rise to a conflict of interest with the responsibilities inherent to the mandate,” reads the document.

Shaheed yesterday was keen to make clear via Twitter that he served as special rapporteur in an individual capacity: “I am NOT in a post allotted to Maldives!” he tweeted.

Riyaz, who is the DQP’s sole parliamentary representative in the national unity government, also claimed that he felt Shaheed’s continuance in the position would damage the reputation of the Maldives.

Riyaz made headlines earlier in the year after calling for the Maldives to withdraw from the Commonwealth following the organisation’s criticism of the government’s attempt at political reconciliation.

This proposal came after Rasheed had criticised the current head of the Commonwealth, Queen Elizabeth II, labelling her “physically challenged” on national television.

Riyaz also criticised the democratic credentials of Britain owing to the Queen’s position as head of state despite the fact that she is a constitutional monarch whose powers are largely ceremonial.

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Police arrest 37 year-old man on suspicion of raping two teenage girls

A 37 year-old man has been arrested for allegedly raping two teenage girls after forcing them to drink alcohol.

The girls – aged 15 and 16 – were raped in the late hours of Tuesday at a rented house on Hulhumale’ island, according to the police.

Staff Sergeant Ismail Ali said the case was reported to the police around 2:30am. The man alleged to have raped the girls was arrested soon afterwards.

The identity of the suspect was not revealed by police as the investigation is ongoing.

“This case is very serious and we are currently investigating it. So no further information can be revealed about the suspect or the case at this stage,” Staff Sergeant Ali noted.

This is the second reported incident of rape this year. In January, police arrested five suspects for allegedly gang-raping a 17 year-old girl in Addu City.

Among the many forms of sexual, physical and emotion violence inflicted on several hundreds of women and girls in Maldives, rape is identified as the most heinous crime, and is being reported at alarmingly high levels.

According to the Human Rights Commission of the Maldives, 13 rape cases were reported last year alone, of which most were gang rapes and involved minors.

The state-run hospital IGMH’s Family Protection Unit meanwhile reported in 2010 that the centre received 42 cases of rape between 2005-2010. Most cases similarly involved minors.

In 2008 the Global School Based Student Health Survey (GSHS) conducted among 1516 students from secondary school also signaled an astonishing amount of sexual violence, with 17 percent of students reporting being “physically forced” to have sex.

Despite the record high incidence of rapes, the country’s penal code does not classify rape as a separate offence and therefore cannot be prosecuted under any act – a key reason for the distressingly low or non-existent figures on rape convictions.

In HRCM’s initial findings submitted to UN, the commission pointed out that other provisions of the law are used to criminalise rape and that the Prosecutor General’s Office uses sexual assault or forced sexual misconduct charges depending on the gravity of the offence.

“A man can be convicted of rape in the absence of a confession only if there are two male witnesses or four female witnesses willing to testify,” the commission added.

Following a study of reported crimes and convictions in 2010, a coalition of NGOs condemned the performance of the judiciary and the state for its treatment of criminal cases, especially those concerning rape.

They “note with great concern that there is not a single case of ‘rape’ in the statistics maintained by either the PG or the Criminal Court” in 2009.

Information provided by the Maldives Police Service (MPS) to Transparency Maldives states that in 2009 ten cases of rape were reported to police, eight of which were investigated and five sent to the Prosecutor General (PG)’s office. However, Criminal Court statistics showed zero cases under ‘rape’ were prosecuted in 2008 and 2009.

At the time, Deputy Prosecutor General Hussein Shameem said the discrepancy was “a misunderstanding of technical terms.”

“If consent is lacking, regardless of whether or not there was intercourse, the case would fall under sexual misconduct,” he said.

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Date to resume parliamentary sessions “yet to emerge”, claims MDP

An exact date for resuming parliamentary sessions in the Maldives has “yet to emerge” following the suspension of the Majlis Speaker, the Maldivian Democratic Party (MDP) has said, as government-aligned parties request for the chamber to be reopened to MPs.

MDP MP and spokesperson Hamid Abdul Ghafoor told Minivan News today that the decision by Speaker Abdulla Shahid to suspend parliament “indefinitely” on July 31 had been the correct course of action, adding that MPs were on the “right track” to finding a potential resolution during the final 10 days of Ramazan.

Despite the claims, government-aligned MPs have continued to criticise the conduct of the MDP over the Majlis suspension. The Dhivehi Qaumee Party (DQP) has this week urged that parliamentary sessions continue with the assistance of security forces to remove any members attempting to disrupt hearings.

Speaker Shahid at the time of announcing the suspension of parliament said that MDP MPs had confronted him in his private chambers after party member Mohamed Rasheed ‘Kubey’ was forcibly removed at the beginning of sitting.

“Moreover, confrontations occurred between MPs in the chamber to the point of becoming dangerous,” an official statement read, adding that “an atmosphere of calm necessary to conduct sittings could not be assured” as all recent sittings had to be cancelled due to disorder.

Shahid explained that he decided to invoke the Speaker’s authority under section 213(e) of the rules of procedure to cancel sittings indefinitely as he believed a political solution had to be sought through dialogue among parliamentary group leaders.

However, local media yesterday reported that DQP Vice President and Vilufushi MP Riyaz Rasheed had sent a letter to the speaker citing the conduct and perceived role of the MDP in having parliament suspended as an “infringement” of democratic rights in the country.

As well as calling for notification of the present situation to the Commonwealth Ministerial Action Group (CMAG) and the Inter Parliamentary Union (IPU), Riyaz was quoted by local newspaper Haveeru as calling for parliament to press ahead with its work to amend and enact national legislation such as through the various parliamentary committees.

“The work of the committees is stalled due to the suspended parliament. Hence as the laws to combat the rising crime rates, unrest, violence and acts of terrorism are held up at the committees, we request [the Speaker] facilitate the resumption of Parliament sessions and Committees,” a letter attributed to Riyaz read.

“Article 105 of the Constitution obligates the security forces to assist the speaker.”

When contacted today, DQP Secretary General Abdulla Ameen forwarded Minivan News to Riyaz himself for a response to the letter, however the MP was not answering calls at the time of press.

Meanwhile, a spokesperson for the DQP’s coalition partner the Dhivehi Rayyithunge Party (DRP) said it had not been involved in any talks to resume the Majlis sessions.

DRP Parliamentary Group Leader and MP Dr Abdulla Mausoom nonetheless called on the MDP to give up on its “stubbornness” and respect democratic rights in the nation in order to facilitate parliament resuming its work.

Dr Mausoom did not elaborate on the exact commitments he believed the MDP should make regarding addressing its “stubbornness”.

Meanwhile, MDP MP Ghafoor contended that the suspension of parliament had been the result of an understanding with the speaker concerning “internal security” in the Majlis chamber.

“The Majlis is not a place where you should be forced to remove an MP from chamber, it was not feasible to continue like that,” he said, concerning the atmosphere in parliament leading to the institution’s suspension.

Ghafoor contended that the speaker had decided under existing parliamentary regulation to discontinue holding sessions in the Majlis until a solution to the current unrest could be found through proposed talks between parliamentary leaders.

“Dr Waheed is also invited to join the discussions,” he said. “As far as I know talks are on track.”

Ghafoor claimed that the party had nonetheless committed to calling off it’s “direct action” street protests – conducting on consecutive nights last month as part of aims to “topple” the present government of President Waheed. The MDP alleges the administration of President Dr Mohamed Waheed Hassan came to power on February 7 in a “coup d’etat”.

“Although we are within our right to protest, we have suspended these protest for the last ten days of Ramazan,” he said. “We have done this voluntarily to give enough time for talks to be conducted in the Majlis and this is shaping up well.”

According to Ghafoor, the decision to stop protests during the remainder of the Islamic holy month had been in order to open talks with government-aligned parties and the president within the Majlis to outline a plan to move forward with parliament.

“I believe we are on the right track [regarding recommencing parliamentary sessions],” he claimed. “There is now a ten day window for all parties represented in the Majlis to hold discussions. All the conditions are right for talks to resume.”

Sun Online reported today that discussions were taking place between representatives of the government coalition parties on whether President Waheed should join the proposed discussions between the country’s parliamentary group leaders.

The report added that the president was presently yet to decide on whether he would be participating in talks in line with requests from the opposition MDP.

President’s Office Media Secretary Masood Imad told Minivan News today that aside from the previously proposed all-party talks that were established by as part of a wider roadmap plan announced in February, Doctor Waheed was not presently involved in trying to resolve the issue of parliament’s suspension.

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