Month: September 2012

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“Matters of Interest to CMAG”, however its suspension from the international body’s democracy and human rights arm has been revoked.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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MDP decides to stop following court orders until judicial system is reformed

The Maldivian Democratic Party (MDP) has released a statement saying it will no longer follow any orders given by the courts of the Maldives until the changes proposed by international entities are 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 organizations.

Former Minister of Foreign Affairs Ahmed Naseem proposed a motion regarding the matter at the party’s 128th National Executive Council (NEC) meeting Thursday, which was seconded by Former Minister of Environment and Housing Mohamed Aslam.

The motion stated that the party believed the increasing number of arrests and allegations of serious crimes like terrorism against a large number of citizens, parliament members, city councillors, and other elected political leaders were politically motivated. It further stated that this was unjust manipulation of the judiciary by the government to weaken political competition, and an attempt to prevent Nasheed from contesting in the upcoming presidential elections.

The MDP also states that with reference to the reservations put forward by former President Mohamed Nasheed’s legal team on Wednesday, it does not believe any of the existing courts would be able to give Nasheed a fair and just trial.

MDP furthermore intends to go ahead with the trips to the atolls planned to commence on October 1, after the motion was passed unanimously at the NEC meeting.

The Hulhumale’ Magistrate Court has placed Nasheed under island arrest effective from Tuesday, with regard to a case concerning the arrest of Criminal Court Chief Judge Abdulla Mohamed last year.

In reaction to this, MDP has also announced its intention to conduct a nationwide protest on Friday.

A number of international actors, including the UN Human Rights Committee, Amnesty International, European Union and the United States have previously emphasised the importance of judicial reform in the Maldives.

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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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