Day: September 29, 2012

Sun, sand, closing arguments: Travel and Leisure

Talk about spoiling the mood: If you’re going to the Maldives for a romantic getaway, the islands’ deposed president has a great suggestion for you: Settle into your hotel room, then watch his trial on TV, reports Katrina Brown Hunt for Travel and Leisure.

Depending on whom you ask, Mohamed Nasheed either stepped down, or was ousted, from office earlier this year. Either way, he is now facing charges of abusing his power and will be tried by what he calls a “kangaroo court.”

The former prez says that tourists should know that some luxury resorts may have backed his coup after he had hoped to market the islands – which has long attracted both honeymooners and A-list guests such as Tom Cruise, Jennifer Aniston and Mick Jagger—to more middle-income travelers.

While normally we wouldn’t advise holing up with the telly during an island getaway, this trial could have compelling entertainment value, kangaroos notwithstanding, thanks to the colorful Nasheed.

While still in power, for instance, Nasheed once held a cabinet meeting underwater, to call attention to climate change. Today, he’s also concerned that the current administration wants to do away with kissing on beaches. “We grew up kissing each other on the beach,” he told reporters, “so it seems strange that our children won’t be allowed to do it.” Strange indeed.

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Canadian Foreign Minister “glad that Maldives remains on CMAG agenda”

“Canada with others fought to keep Maldives on the Commonwealth Ministerial Action Group agenda, and we are glad it remains there,” said Canadian Foreign Minister and member of the Commonwealth Ministerial Action Group (CMAG), John Baird.

“We will continue to focus on anti-democratic activities in the Maldives, especially in terms of police brutality, and intimidation of opposition parliamentarians,” said Baird in a statement released by the Canadian government.

“Canada is deeply troubled by the reported September 25 travel ban of former President Nasheed in Malé,” he added.

Baird’s statement evinces a level of confusion following CMAG’s decision yesterday to revoke the Maldives’ suspension from participation in the group’s affairs, whilst retaining it under the ‘matters of interest’ on its agenda.

Local media immediately ran with the headline “CMAG removes Maldives from official agenda” whilst the Home Minister Mohamed Jameel Ahmed tweeted, “Congratulating Maldives, CMAG has removed Maldives from its Agenda, it proves that the current government is for Rule of Law.”

Baird, present at yesterday’s meeting alongside President Dr Mohamed Waheed Hassan, expressed his concern at Waheed’s response when he was asked “about the persecution of 19 Maldives Democratic Party (MDP) politicians and party officials.”

“President Waheed offered no substantial defence of these questions, which is a telling response in itself,” said Baird. “Canada finds the declining state of democratic values in the Maldives alarming and deeply troubling.”

“The recently adopted Commission of National Inquiry report has raised substantial concerns about the independence of the judiciary. That too causes Canada grave concern as we strive to assure independent open elections in the Maldives,” he added.

The MDP last week documented such instances of perceived harassment in a press release titled “Immunity Watch Maldives”.

The CMAG meeting coincided with a nationwide demonstration by Nasheed’s Maldivian Democratic Party (MDP) in protest against Nasheed’s travel ban which the courts have defended as standard practice.

MDP spokesman Imthiyaz Fahmy told Minivan News that the 7,000 people marched around the island yesterday afternoon what he described as “one of the biggest [protests]  in recent times.”

He stated that there had been no confrontations with police, a fact confirmed by Police Spokesman Sub–Inspector Hassan Haneef who confirmed that there had been no arrests.

At the MDP’s National Executive Council, local media reported former Minister of Housing Mohamed Aslam as saying that Nasheed would not comply with the court-issued travel ban following the party’s decision to reject the authority of the courts.

“We are prepared to do the necessary to get him onboard. We are willing to sacrifice, to ensure that Nasheed does not lose his presidential candidacy. We will not give in. We are prepared follow Nasheed to prison,” Aslam is reported as saying.

Nasheed’s legal team expressed its deep concerns over the legality of the court’s procedures regarding Nasheed’s multiple trials regarding defamation of cabinet ministers and the detention of Chief Judge Abdulla Mohamed.

Nasheed was scheduled to travel to the Southern atolls as part of his campaign for the constitutionally mandated elections in 12 months time.

Imthiyaz confirmed that Nasheed would be travelling with the party on Monday although he was unsure as to whether the former president would be in court tomorrow for the first of his two defamation cases.

Nasheed had previously requested that the criminal case regarding Abdulla Mohamed be expedited and was reported as being keen to have his day in court.

Baird’s statement pledged Canada’s intention to “forcefully” raise its concerns at subsequent CMAG meetings in order to ensure the Commonwealth’s values of democracy, human rights and the rule of law are not violated.

CMAG’s power to protect these values was strengthened during a meeting of the Commonwealth Heads of Government (CHOGM) in Perth in 2009.

During a speech made during the United Nations General Assembly (UNGA) earlier this week, President Waheed made aimed a thinly veiled attack at the Commonwealth, questioning the 54-member organisation’s commitment to equity and the rule of law.

Previous expressions of concern regarding politicisation of the legal process made by Baird at the beginning of August were condemned by the Maldivian government as “one-sided” and “misleading”.

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Police commence search for suspect in Hajj pilgrimage payment “fraud”

The Maldives Police Service has commenced a search for a 42-year old Hulhumale’-based businessman wanted for questioning on suspicion of fraudulently collecting funds from Hajj pilgrims.

According to local media, Ismail Abdul Latheef, head of the Maleesha Hajj and Umra Group is under investigation by police for alleged fraud concerning payments received by his company for this year’s Hajj Pilgrimage.

Police have said that attempts are ongoing to locate and question Latheef, who is suspected of having fled the country, the Sun Online news service has reported.

Authorities have claimed that 52 complaints have so far been received over alleged payments made to the Maleesha Hajj and Umra Group.

Police Spokesperson Sub-Inspector Hassan Haneef was not responding to calls at the time of press.

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Maldives’ suspension from CMAG lifted, remains on agenda as “matter of interest”

The Maldives is to remain on the Commonwealth Ministerial Action Group (CMAG)’s agenda under the item “Matters of Interest to CMAG”, however its suspension from the international body’s democracy and human rights arm has been revoked.

The decision means Foreign Minister Abdul Samad will be able to able to participate in CMAG affairs following the Maldives’ suspension in February over concerns about the nature of the transition of power.

A Commonwealth-backed Commission of National Inquiry (CNI) claimed in August that the transfer of power was legitimate, that former President Nasheed was not under duress, and that there was no police mutiny.

Despite significant reservations regarding evidence and witness statements that had not been considered, Nasheed said he was accepting the findings for political expediency. However it had, he said, left the Maldives “in a very awkward, and in many ways, very comical” situation, “where toppling the government by brute force is taken to be a reasonable course of action. All you have to do find is a narrative for that course of action.”

In the CMAG statement, “Ministers noted the report’s conclusion that the change of President in the Republic of Maldives on 7 February 2012 was legal and constitutional, but also that certain acts of police brutality had occurred during that period which should be further investigated. They looked forward to advice from the Government of Maldives on progress with those investigations.”

CMAG also “underlined their concern that all parties in Maldives needed to work towards resolving the climate of division and discontent in order to bring about lasting national reconciliation.”

“Ministers noted the importance of ensuring that the Majlis worked purposefully on critical legislation, without further risk of disruption. Ministers again urged against any actions that might provoke or incite violence.”

Nasheed is this week facing trial for defaming the Defence Minister Mohamed Nazim for describing him as a “baghee” (traitor), and detaining Chief Judge of the Criminal Court Abdulla Mohamed during his administration. Nasheed’s party have dismissed the charges as an attempt to convict and disqualify Nasheed from the upcoming Presidential elections, using courts loyal to the former 30 year regime.

“Ministers urged party leaders to commit to dialogue, paving the way to credible elections. Ministers emphasised the need to ensure that all parties and leaders are able freely to conduct election campaigns,” the CMAG statement read.

“In accordance with CMAG’s enhanced mandate, as agreed by leaders at the 2011 Commonwealth Heads of Government Meeting, Ministers further agreed that they would continue to engage with Maldives positively and constructively to support Maldives in advancing the Affirmation of Commonwealth Values and Principles, in particular in strengthening the judiciary, in the process of democratic consolidation and in institution building. In this context, Ministers asked the secretary-general to continue to brief the Group on progress in Maldives, including at CMAG’s next meeting,” read the statement.

“Accordingly, CMAG agreed to continue to monitor the situation in Maldives, and to move consideration of Maldives in future to its agenda item “Matters of Interest to CMAG”. Ministers looked forward to Maldives’ resumption of full participation at CMAG’s next meeting, in the absence of any serious concerns.”

On the agenda

The CMAG placed the Maldives on its formal agenda in February although President Waheed’s government has maintained that the group “lacked the mandate“ to to so.

Waheed’s government also spent £75,000 (MVR 1.81 million) on advice from former UK Attorney General and member of the House of Lords, Baroness Patricia Scotland, in a bid to challenge what they deemed was the Commonwealth’s “biased” stance on the Maldives, and has continued to express disapproval at what it terms “interference” by the Commonwealth.

“It is my belief that the Commonwealth and its institutions have treated us very badly,” wrote President Waheed’s Special Advisor Dr Hassan Saeed in a newspaper column.

“I would now argue that if CMAG does not remove the Maldives from its agenda, we should end our relationship with the Commonwealth and look to other relationships that reflect modern realities of the world.”

The Hulhumale Magistrate Court has meanwhile confined Nasheed to Male’ ahead of his trial this week. His legal team have expressed concern over a host of irregularities, such as the appointment of a panel of three judges not from the Hulhulmale court – that they say will deny the former President a fair trial.

The matter is likely to come to a head this week, after Nasheed’s party decided that it would no longer follow any orders given by the courts of the Maldives until the changes proposed by international entities were brought to the Maldivian judicial system.

The party said the decision was reached as to date, they had observed no efforts to improve the judicial system based on the recommendations put forward in reports released by numerous international organisations.

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GMR dispute not putting off foreign investors, claims Chamber of Commerce

The Maldives National Chamber of Commerce and Industries (MNCCI) has claimed legal wrangling between the government and India-based developer GMR over a multi-million dollar airport development will not harm confidence in the country’s “challenging” investment climate.

Under the terms of the Ibrahim Nasir International Airport (INIA) agreement – the largest ever foreign investment in the Maldives’ history – GMR signed a 25 year concession agreement to develop and manage the site, as well as redevelop the existing terminal by the end of this year.

However, the coalition government of President Dr Mohamed Waheed Hassan since coming to power has continued to press to “re-nationalise” the airport, with the country’s Deputy Tourism Minister this week confirming in Indian media that the administration wouldn’t “rule out the possibility of cancelling the award [to GMR]”.

Both parties are presently involved in an arbitration case in Singapore over the airport development as several government coalition parties including the country’s religious Adhaalath Party (AP) held a gathering in Male’ on Thursday showing a “united stand” on opposing the GMR deal until the airport was “liberated”.

MNCCI Vice President Ishmael Asif contended that ongoing legal disputes linked to both the GMR agreement and another high-profile contract to manage a border control system with Malaysia-based Nexbis were not among concerns foreign investors had raised with the chamber.

“GMR has nothing to do with the investment climate here, at the end of the day it is a personal concern for the company and more a matter of local politics,” he claimed.

When questioned on the perceived financial factors behind the “quite challenging” investment climate, Asif pointed to political unrest in the country in the build up ad aftermath of February’s controversial transfer of power.

“A second factor is that in major investment markets like Europe, the economy is not doing very well, which does have an impact,” he said. “Locally of course, the problem is politics.”

Asif added that among the key concerns raised by foreign investors to the MNCCI about doing business in the Maldives were concerns about locals laws and regulations, particularly regarding depositioning and withdrawing funds.

The MNCCI also questioned the current importance of Sri Lanka and India for investment and trade opportunities in the country, compared to markets like Australia and the Middle East. Asif claimed that India and Sri Lanka mainly traded certain local foodstuffs with the Maldives, rather than providing large-scale investment projects.

“In terms of the affects to the investment climate, I don’t think there will be much of an impact on other investors from the GMR issue,” he said.

Conversely, Asif said that the MNNCI had been concerned about the impact of the GMR deal on local businesses, alleging that a planning council related to the infrastructure group’s bid had not been open to the public or its members.

“The public was kept in the dark over this matter,” he said, adding that local workers were concerned about the pact of GMR’s airport development. “All local businesses had to move out of the airport and were shut down.”

Asif pointed to the case of local enterprises such as MVK Maldives Private Limited, which in December last year was ordered by the Civil Court to vacate the Alpha MVKB Duty Free shop based at INIA after its agreement had expired.

GMR officials began to physically remove the Alpha MVKB Duty Free Shop at INIA after “several notices” to vacate the area were “ignored”.

On December 14, company CEO Ibrahim Shafeeq held a protest “to demonstrate our opinions and dislike of what GMR has done to us, and to get public responses.”

Speaking to private broadcaster Raaje TV this week, former Economic Development Minister Mahmoud Razee, who had worked with the previous government and international partners on the GMR agreement denied that the deal had resulted in local enterprises being kicked out.

“The privatisation policy does not itself kick others out. It is about honouring the contract. No one has actually been kicked out, but private parties have opportunities to participate. The issue that has always existed is getting cheap capital for small scale businesses,” he claimed.

Razee claimed that the GMR deal reflected a commitment by the former government to pursue privatisation as outlined in the Maldivian Democratic Party’s (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.”

Despite the claims, local media reported that a gathering at Male’ artificial beach area went ahead on Thursday (September 27) as part of a protest under the name “The Maldivians’ airport to Maldivians”.

According to local media, of the government-aligned parties represented, only the leaders of the Adhaalath Party such as were witnessed in attendance during the gathering.

“The protest… was not participated [in] by large numbers of people,” according to the Haveeru newspaper.

During the demonstration, a number of speakers reportedly called for action to “regain” the airport from GMR and annul the current development agreement, while claiming the estimated US$700 million required by the company in compensation would be lower.
The gathering is expected to be the first in an ongoing series of events to push for the airport to be “renationalised”.

Both AP President Sheikh Imran Abdulla and Minister of State for Islamic Affairs Mohamed Didi were not responding to calls from Minivan News at the time of press.

Despite these commitments, the Dhivehi Rayyithunge Party (DRP) has said it would not join its fellow government coalition partners in protests to oppose the airport privatisation contract, claiming any resolution to the dispute must be made through the courts.

DRP Spokesperson Ibrahim Shareef has told Minivan News this week 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.

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