Day: September 27, 2012

PPM MP Mahlouf to donate committee allowance

Galolhu Dhekunu MP and spokesperson for the Progressive Party of Maldives (PPM) Ahmed Mahlouf has told local media of his intention to donate his parliamentary committee allowance to three civil society organisations.

“From October onwards, I plan to donate my committee allowance to Care Society, Tiny Hearts and Thalassaemia Society,” he told Sun Online.

He also announced that he would give a further MVR10,000 – earned from singing – to the Care Society.

Members of Parliament receive MVR20,000 (US$1,298) for committee work, plus MVR20,000 up front for general expenses, on top of their normal salaries of MVR42,500 (US$2,759).

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Former STO chair’s case passed to PG

The Anti Corruption Commission (ACC) has sent a case concerning former Chairman of State Trading Organisation (STO) Farooq Umar to the Prosecutor General (PG).

The ACC has reportedly said that Farooq accepted a $19,000 (MVR292,800) from a Sri Lankan company.

Farooq also stands accused of using the corporate credit card for personal items, something the STO has said is allowed in emergencies according to its policy. Sun reported that Farooq had told the paper different in a previous interview.

Farooq was removed from his post when President Dr. Mohamed Waheed Hassan reconstituted the boards of government companies after taking office.

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Education minister says Pakistani visa process should be simplified

State Minister of Education Aminath Ali has highlighted the need to simplify the Pakistani visa procedure for Maldivian students hoping to enter the country’s higher-learning institutions, reports the country’s associated press.

Aminath is said to to have made the suggestion during a meeting with other ministry officials, claiming prospective institutions should be authorised to recommend student applications to the country’s foreign office as is standard practice elsewhere.

She is said to have been particularly interested in students being enrolled in courses teaching sharia and law, such as the International Islamic University and the National University of Sciences and Technology (NUST).

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MDP to hold nationwide protest following Nasheed’s travel ban

The Maldivian Democratic Party (MDP) has announced its intention to conduct a nationwide protest on Friday following the decision to place former President Mohamed Nasheed under island arrest.

The Department of Judicial Administration yesterday told local media that the travel ban was “standard procedure” followed by all courts.

Nasheed has also been charged with two cases of defamation, for calling the Defence Minister and Police Commissioner traitors. He has been summoned to the Civil Court on September 30 in relation to the defamation charges.

The party has refrained from larger demonstrations since the release of the Commission of National Inquiry (CNI) at the end of last month.

In their observations, the CNI’s international observers were critical of the MDP’s tendency to demonstrate on the streets, describing it as “bully-boy tactics involving actual and threatened intimidation by a violent mob.”

Following apparent absolution by the CNI, the Maldives Police Service announced that it would arrest anybody found using the word ‘baaghee’ towards police.

Nasheed will also appear in Criminal Court on Monday, October 1, in relation to the detention of Chief Judge Abdulla Mohamed which preceded his ousting in February.

Should he be convicted of the latter offense, Nasheed would be constitutionally barred from standing in next year’s scheduled presidential elections.

The MDP – still the nation’s largest party by membership – has previously declared that it would boycott such elections should Nasheed be blocked from participating.

Tomorrow’s protest will coincide with a meeting of the Commonwealth Ministerial Action Group (CMAG) in New York, where the issue of removing the Maldives from the group’s investigative agenda will be discussed.

President Waheed’s government has insisted that the CNI’s verdict of ‘no-coup’ regarding the February transfer of power means the Maldives should be removed from the agenda, while the MDP have pointed out that institutional deficiencies exposed in the report demonstrate that the Maldives case still falls firmly within CMAG’s remit.

Whilst in New York, Waheed spoke before the United National General Assembly (UNGA) where he aimed a thinly veiled attack at the Commonwealth’s understanding of the rule of law during its recent dealings with the Maldives.

Impunity Watch

The restriction on Nasheed’s movements came days after the party released a document titled ‘Impunity Watch Maldives’.

The document, stated to be the first of a monthly summary of human rights violations, follows two damning reports earlier this month by both the International Federation for Human Rights (FIDH) and Amnesty International.

Amongst the figures included in the ‘Impunity Watch’, the report stated that the number of MDP MPs having faced prosecution or questioning by the government was now seven, a figure which party spokesman Hamid Abdul Ghafoor stated was a third of the party’s representation in the Majlis.

This number jumps to twenty nine if party officials are included such as Nasheed himself, and the party’s chairperson ‘Reeko’ Moosa Manik, who is facing charges of disrespecting the judiciary.

It lists the number of instances of police brutality against protesters since February 7 as 130 and the numbers detained by police in relation to opposition protests as 851.

The MDP criticised what it sees as the failure of the government or of United Nations Resident Co-ordinator Andrew Cox to condemn these human rights violations.

Meanwhile, the document gives the number of police officers arrested in relation to human rights violations as zero, as well as highlighting the case of one officer who was promoted twice after the Police Integrity Commission (PIC) recommended he be prosecuted.

PIC Chair Shahinda Ismail has named the officer in question as Ali Ahmed, stating that his promotions came after the commission had recommended his removal to the Home Minister.

“It is really upsetting – a huge concern – for me that the police leadership is showing a trend where unlawful officers are acting with impunity. This can only lead to further violence,” said Shahinda.

In the first of three PIC reports into the events surrounding the transfer of power, nine separate incidents were highlighted, with the commission unanimously pledging to pursue further legal action in five of the cases.

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Membership of PPM increases to 17,533, other parties face decreases

The statistics revealed by the Elections Commission (EC) show that the number of members registered for all major political parties have decreased apart from the Progressive Party of Maldives (PPM) headed by President Maumoon Abdul Gayoom, which has increased its membership base  to 17,533.

The Elections Commission reported political party membership fluctuations over a two week period from September 9.

During this period, 130 new members joined PPM within the 14 days, while the largest party – the opposition Maldivian Democratic Party (MDP) – lost 49 members.

The MDP had 48,516 members at the start of the period, decreasing to 48,483 on September 16, and to 48,467 by Sunday.

Meanwhile PPM had 17,403 members registered at the commission on  September 9 which had dropped 19 to 17,384 by September 16, but had increased its membership to 17,533 by Sunday.

The second largest political party in the Maldives, the Dhivehi Rayyithunge Party (DRP) led by MP Ahmed Thasmeen Ali, had 27,065 members registered at the commission as of September 9. However according to the statistics, during last week 87 members registered at the commission had left DRP.

The religious Adhaalath Party led by Sheikh Imran Abdulla had 5804 members registered at the Elections Commission as of September 9 but the number subsequently increased to 5828. Statistics showed that 24 new members joined the Adhaalath Party in the two weeks after September 9.

The Jumhoree Party (JP) led by MP ‘Burma’ Gasim Ibrahim had 6321 members registered at the Elections Commission as of September 9. According to the statistics 83 new members were registered by September 16.

The Gaumy Ithihaadh Party (GIP) founded by the current President Dr Waheed Hassan Manik had 2513 members registered as of September 9, dropping to 2508 by the end of the reporting period.

The Dhivehi Qaumy Party (DQP) led by Waheed’s Special Advisor Dr Hassan Saeed meanwhile decreased by six members to 2206 by the end of the two weeks..

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Nasheed case proceedings against laws and norms: Nasheed’s legal team

Former President Mohamed Nasheed’s legal team has expressed concern that Nasheed is not being given the opportunity to have a fair trial.

At a press briefing held on Wednesday they detailed concerns about the procedural and legal matters around the case against Nasheed, stating much of the proceedings were against both the constitution and the laws of the Maldives.

Nasheed has been currently placed under island arrest, with regard to a case concerning his arrest of Criminal Court Chief Judge Abdulla Mohamed last year.

Hulhumale’ court’s legality in question

Member of Nasheed’s legal team Hisaan Hussain voiced concerns that the Hulhumale’ Magistrate Court, tasked with presiding over the case, was formed unconstitutionally. Quoting Article 141 (a) of the Constitution and Articles 53 (b) and 62 of the Maldives Judicature Act, Hisaan stated that it was clear the Hulhumale’ Magistrate Court was established out of the boundaries of law.

Hassan also noted that there was an existing case in the Supreme Court, where the court had been asked to rule on whether the Hulhumale’ Magistrate Court had been formed in accordance with existing laws. She said that although they did not know who had filed the case, it had been filed prior to the decision to have the court preside over the case against Nasheed. The Supreme Court has not yet made a ruling on the case.

However, an official from the Hulhumale’ Court who did not wish to identify himself said to Minivan News today, “We are not officially aware that such a case regarding this court exists.”

He further said that the Department of Judicial Administration was mandated to provide details on similar issues to the media.

However, Department of Judicial Administration’s Spokesperson Latheefa Gasim said that they did not wish to comment on the issue at this point in time.

Panel of Three

Former Minister of Youth and Sports and member of Nasheed’s legal team, Hassan Latheef stated that the panel of three magistrates which are to preside over the case was selected in violation of Article 67 of the Judicature Act, which specifically outlines how magistrates can be assigned to courts. He said that none of the three magistrates assigned by JSC were appointed to the Hulhumale’ Magistrate Court.

Latheef said that in contrast to international practices, the magistrates for this particular case had been “handpicked from around the country”. According to him, this was in direct violation of the Maldives Judge’s Act.

In addition to this, Hassan revealed that one of the three magistrates assigned by the Judicial Services Commission (JSC) was currently being investigated by the commission on two different offenses, a charge of corruption and of sexual offence.

Latheef further said since the strongest penalty against Nasheed in this case was a 3 year jail sentence, the case could not be considered an offence serious enough to warrant three magistrates to preside over it. He confirmed that this was the first time a case regarding an offence against Article 81 of the Penal Code was being overseen by a panel, rather than a single judge.

The legal team noted that they believed Nasheed was being discriminated against due to his political views. They pointed out that this was in violation of Article 17 of the constitution.

JSC Media Officer Hassan Zaheen spoke to Minivan News today regarding the concerns raised by MDP.

“It is not MDP that gets to decide whether or not a panel needs to be formed. In Islamic Shariah there is nothing to stop us from doing something just because it hasn’t been done before,” he said.

Zaheen further stated that it was constitutional to bring in magistrates from any part of the country to sit on the case and that this was clearly defined in law.

“JSC can bring in judges from anywhere, as long as they are of the same level. It is clearly defined in the Judges Act, or the Judicature Act, or some relevant law. These are all magistrates,” he said.

Zaheen denied that Nasheed was being discriminated against.

“Has another president of Maldives had a criminal case against him? No. Now, if a similar case has not occurred before, there is no room to claim there is discrimination. What are they comparing with?”

Violation of fundamental rights

Nasheed’s legal team expressed concern that the case was being handled outside of all norms.

They pointed out that the Prosecutor General, Human Rights Commission of the Maldives (HRCM) and the Ministry of Gender, Family and Human Rights had so far stayed silent on the matter, although it was within their mandate to protect the rights of the people.

Media Official of the Prosecutor General’s Office Hussain Nashid declined from commenting to the media.

“I will not comment about a case which is in the courts currently. The PG office will make whatever necessary statements during court sessions only.”

HRCM and the Human Rights Ministry were unable to comment on the matter at the time of press.

In January, a group of lawyers had forwarded this same case, concerning the arrest and detention of Criminal Court Chief Judge Abdulla Mohamed to the International Criminal Court.

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DRP favours court resolution to GMR dispute as coalition partners prepare to “take to the streets”

The Dhivehi Rayyithunge Party (DRP) will not join its fellow government coalition partners at a gathering in Male’ to oppose an airport privatisation contract with India-based infrastructure group GMR, claiming any resolution to the dispute must be made through the courts.

DRP Spokesperson Ibrahim Shareef has told Minivan News that while the party itself questioned if the GMR deal was in the best interest of the public, “due process” had to be followed through proper legal channels in order to establish if any wrong doing had occurred with the airport contract.

“Right now we do not feel that the best option is to take to the streets on this matter. We do not know what the purpose of this [coalition] gathering is, so we will not be taking part,” he said.

Shareef added that the party’s position remained that the government was bound to the agreement should it fail to prove through due process that the contract to develop and manage Ibrahim Nasir International Airport (INIA) was invalid.

The comments were made as key financial figures within the former government maintained this week that the deal was vital to not only modernise and boost efficiency at the airport, but also to address concerns over present state expenditure through a focus on privatisation.

Under the terms of the agreement – a US$511 million deal representing the largest ever case of foreign investment in the Maldives’ history – GMR agreed to a 25 year concession agreement to develop and manage the site, as well as redevelop the existing terminal by the end of this year.

The document was overseen by the International Finance Corporation (IFC), a member of the World Bank group and the largest global institution focused on private sector projects in developing countries.

However, the Maldives government earlier this month accused the IFC of negligence during the bidding process for INIA – allegations there were rejected by the organisation amidst continued calls from government-aligned parties to renationalise the airport.

Both the government and GMR are presently involved in an arbitration case in Singapore over the airport development.

Coalition gathering

With the arbitration ongoing, six government-aligned parties are set to hold a gathering from 9:00pm on Thursday night at the Artificial Beach area of Male’ calling for INIA, as the country’s main airport, to be “returned to Maldivians”.

Through a movement called “Maldivians’ airport back to Maldivians”, the coalition – excluding the DRP – told local media this week that the gathering represents the first in a series of activities aimed at regaining management of the airport.

According to local newspaper Haveeru, Sheikh Imran Abdulla of the government-aligned religious Adhaalath Party (AP) said the gathering was aimed at showing the coalition would take a “united stand” on opposing the GMR deal until the airport was “liberated”.

“Our hope is on the night the true feeling of the Maldivian people would be revealed on the airport issue,” he was quoted as saying by Haveeru.

The coalition movement is also expected to detail what it has claimed are losses sustained to the local economy from the awarding of the company to the Indian infrastructure group.

Sheik Imran was not responding to calls at the time of press. However, fellow AP member and Maldives’ Islamic Affairs Minister, Sheikh Mohamed Shaheem Ali Saeed, said he had “no idea” about any such gathering being held.

Meanwhile Dr Hassan Saeed, head of fellow coalition member the Dhivehi Qaumee Party (DQP), referred a query by Minivan News about the gathering to the party’s Secretary General, Abdulla Ameen. Ameen was not returning calls at the time of press.

Progressive Party of Maldives (PPM) Parliamentary Group Leader Abdulla Yameen meanwhile referred enquiries about the gathering to Secretary General Yumna Maumoon – daughter of former President Maumoon Abdul Gayoom. Yumna was not responding to calls at the time of press.

DRP Spokesperson Shareef claimed that even should the validity of the agreement between GMR and the former government be found to be questionable, it remained for the courts to decide on such a matter.  Shareef added that senior members of his party had been penalised for holding such views by political opponents.

“Both [DRP Leader] Ahmed Thasmeen Ali and Parliamentary Speaker Abdulla Shahid have been accused of taking bribes on this matter and trying to obstruct efforts to take the airport,” he said.

Shareef claimed the allegations had been devised by a faction formed in the DRP by members loyal to former party head and national President Gayoom, which later branched off to form the PPM party last year.

“Gayoom’s supporters had wished to take the airport back by force,” he said. “I’m not saying the deal is fair, but first we can look to renegotiate terms and get a new agreement. Also the government has the resources to investigate the deal and make the best decision on how to move forward to benefit the Maldivian people.”

Shareef added that the party had therefore decided against “taking to the streets” with other parties in President Waheed’s coalition government.

“We are not saying that the former government were not involved in something improper with the agreement,” he claimed. “But we do not see the previous government as an MDP government, or the current government as a DRP or PPM government, it is always the government of the Maldives, so if an agreement made by the government is found to be valid, than it must be honoured under the law.”

Privatisation pursuit

Speaking yesterday on private broadcaster Raaje TV, former Economic Development Minister Mahmoud Razee said the GMR deal reflected a commitment by the former government to pursue privatisation as outlined in the MDP’s manifesto.

“Firstly, if or when anything is run like a business, private people are more skilled and efficient. They are far more competent and they work for profit unlike the government,” he claimed.  “This means it requires less cost for the government, but needs more outside investment or capital. Private people are more skilled and efficient in terms of managing. The end product thus is more beneficial.”

Addressing criticisms from some local politicians that privatisation provided no benefits to the nation, Razee conceded there was an element of truth to the assumption, but stressed it did not reflect longer-term economic benefits.

“Because the investment is huge, the project is big; the first beneficiaries are always the investors. True. The benefits go to the foreigners,” he said. “In foreign countries, they make a consortium, which means the profits are being shared within multiple parties. For example, if a Turkish company is investing here, it doesn’t mean they do everything themselves. If they are developing a property, the construction, or other necessary work is done through local companies.”

Also speaking during the programme was MDP member and former Minister of Finance and Treasury Mohamed Shihab. Shihab claimed that in cases where there was limited national budgets such as in the development of a new airport terminal, then finance should be sought from outside sources.

He added that as within the case of technology and other expertise, and pointed to local resort groups such as Universal Resorts Maldives as examples in the country’s past where foreign partnerships had benefited the country’s economy.

“Resort owners do [private partnerships] because they profit from it. Let’s conduct a survey among resorts. Definitely the salaries and service charges are higher in foreign managed companies. It is a fact that, countries where foreign investment has been made are far more developed.”

Speaking earlier this year, INIA Chief Executive Officer Andrew Harrison claimed that INIA would remain a Maldivian owned enterprise that would be continuously developed by the company for the duration of the tender.

“We are just the caretakers here,” he said.  ”The airport remains and has always been owned by Maldivians.”

Harrison contended that to ensure profitability for its investment in the airport, GMR was itself committed to strengthening the wider Maldivian economy by working with local businesses, industry and contractors.

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Arrested 98 prostitutes since March: police

Maldivian police have revealed that they have arrested 98 prostitutes in Male’ since March this year, including some expatriate males.

According to police, 58 of the alleged prostitutes have now been deported and sent back to their countries.

In one instance police said a Bangladeshi expatriate who was caught and deported had changed his name and crossed the Maldivian border by changing his information. Police said the person was arrested a second time for involvement in prostitution.

Police custody currently hold four Thai women, two Bangladeshi women and men, and three Maldivians in detention, all of them whom arrested in massage parlors on suspicious of being involved in prostitution.

According to the police statement, police have so far confiscated Rf138783 [USD9011] and USD3155 [Rf48587] found in massage parlors and alternative medical centres closed by the police for running prostitution.

Police said that since March, they have closed down 25 businesses operating as brothels in different operations conducted to reduce serious and organised crime.

The statement quoted police Inspector Mohamed Dhaudh as saying that three businesses were shutdown in March, three businesses shutdown in April, five businesses shutdown in May and six businesses shutdown in June, five businesses shutdown in July, one in August and four closed down in September.

Dhaudh said the operations to raid those businesses were mainly conducted by police intelligence and officers from the serious and organised crime department.

After the new government came in to power, police began special operations to curb the rise in prostitution in the Maldives.

In a mega protest held in Male’ on December last year by a coalition of the then-opposition parties, they demanded Mohamed Nasheed’s government close down all the spas and massage parlors in Male’ accused of running prostitution.

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