Day: November 12, 2012

Coalition government “abusing religion”, “spreading xenophobia”: former President Nasheed

Former President Nasheed has expressed concerns over what he alleged was the current government coalition’s deliberate spreading of xenophobia, abuse of religion for political gains and negligence in bringing MP Afrasheem’s murderer to justice.

Speaking to a gathering of an estimated 2000 attendees at Sunday’s Maldivian Democratic Party (MDP) gathering on the occasion of Republic Day, Nasheed strongly criticised the political opposition to the contract with GMR to develop the Ibrahim Nasir International Airport (INIA).

“With the direction Maldivian politics are going in now, we may have to face consequences where the country’s citizens become prey to powerful foreign countries,” Nasheed warned.

“For the purposes of justifying this coup, people who are passing themselves off as religious scholars are spreading hatred for foreigners among our citizens. Under the guise of religion and nationalism, they have instilled xenophobic sentiments in the hearts of a few Maldivians.”

“A few politicians, for their personal gain, have brought the Maldives to the edge of a very dangerous precipice. The political actions of people who are nearing the age of hundred to try and revive their personal pasts, to repeat what has happened in a different century, will prove to cause a loss to us citizens in the end,” Nasheed said.

He added that it was impossible to “chase the Indian High Commissioner” out of Male’ in this day and age as might have been done in the distant past, and that GMR could not be sent away either.

Nasheed once again asserted that the contract with GMR was one beneficial to the people of the Maldives, “although some businessmen may not be benefiting from it.”

At a recent meeting, Nasheed had shared figures detailing the financial benefits the GMR contract had for the Maldives, while denouncing the Dhivehi Qaumee Party’s economic criticism of the same contract.

“Creating rifts was a common strategy during the long 30 year old regime [Former President Maumoon Abdul Gayyoom’s administration]. Some Maldivian politicians see creating a rift to then take political advantage from it to be a strategic and inventive skill. Baaghee (“Traitor”) Waheed may possibly have read in some book that creating rifts would be beneficial, but Maldivians will get no benefits through setting up India and China against each other and creating problems between them,” Nasheed stated.

Nasheed stated that the country’s foreign policy needed to be clearly laid out, with the aims and objectives clearly defined.

“Stop hiding Afrasheem’s murderer” : Nasheed to CP Riyaz

Nasheed expressed disappointment that the police had to date failed to uncover details in the case of PPM MP Afrasheem Ali who was found brutally murdered in early October.

“There seems to be none among us who is even concerned about it anymore,” said Nasheed. “On the first couple of days, we were very vocal about giving money to Dr Afrasheem’s widow from state funds, but we have not taken any steps to bring the murderer to justice.”

“This government has been negligent in the case of Dr Afrasheem’s death,” said Nasheed. “We assure you that an MDP government will bring his murderer to justice.”

The former president further alleged that the police had failed to find any relevant information about the case, saying “Baaghee [‘traitor’] police claim they have uncovered a lot in their investigations; that it was indeed Afrasheem who had been killed, his identity card number, that he was a member of parliament, his wife’s name, who his friends and relatives are… these traitor police claim to know all the details, except what concerns the actual case of the murder.”

Stating it was a direct message to the Commissioner of Police Abdulla Riyaz, Nasheed said: “Stop hiding Afrasheem’s murderer. You know who Afrasheem’s murderer is. Please send the related details to the judicial institutions and courts of the Maldives. Ensure Afrasheem’s murderer is brought to justice immediately.”

“A republican government is one that belongs to the people”

“The current people in government came to power through a coup. What we see today is a violent, illegitimate, coup government kept in power through the force of pepper spray and batons of a few police officers and MNDF soldiers,” Nasheed said.

He further stated that it was a national obligation of all Maldivian citizens to bring down the coup government and establish a democratic government voted in by the people.

“It is because of that coup that today the country’s economy is being destroyed for the benefit of a handful of businessmen,” Nasheed said.

“This coup government has broken up the social protection programme that we established in our democratic government. Their intention is to create dependency and keep us citizens forever at the mercy of these traitors or some rich businessmen. We need to bring an end to this coup government for the sake of the country’s development.”

Nasheed ended his speech by calling on the Speaker of the Majlis to assume leadership of the country and to hold presidential elections within two months. As a final word, he led the crowd of supporters to chant “Elections Now!”

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Challenges faced by judiciary would be resolved if JSC carried out its duties properly: Chief Justice

Chief Justice Ahmed Faiz Hussain has accused the Judicial Service Commission (JSC) of being inept, stating that challenges faced by the country’s judiciary would have been resolved had the judicial watchdog undertaken its duties “properly”.

The Chief Justice made the remark speaking to media after concluding a ceremony held on Monday to open a new building for the Drug Court.

Hussain acknowledged that he could not say that every piece of work carried out by JSC was not done properly since he was not a member of the JSC himself.

“The JSC is an institution formed under the constitution to serve the judiciary. They have a huge responsibility to deal with issues surrounding the judges, so if the JSC carries out its responsibilities, I would say the challenges faced by the judiciary would have been resolved through that institution,” the Chief Justice said.

Hussain also said that he had on several forums highlighted that changes need to be brought to the current mechanism of JSC,noting that the local judicial watchdog had “differences” compared to similar institutions in other countries.

“But still, I believe even under the current mechanism of JSC, and without needing to bring modifications to it, some changes can still be brought to the works it carries out,” he added.

During the media briefing, the Chief justice also spoke about the ongoing case of Hulhumale’ Magistrate Court, the legitimacy of which is being contested in the courts by the former President Mohamed Nasheed’s legal team.

He said that the case concerning the legitimacy of the Hulhumale Magistrate Court currently in Supreme Court had not been addressed, because the JSC had not filed the case.

“When a case was filed in Civil Court contesting the legitimacy of Hulhumale Magistrate Court, the  JSC sent a letter to [Supreme Court] arguing that the Civil Court did not have the jurisdiction to look into the case. We then asked the JSC to file a case as per the procedure and they only filed the case just a few days ago,” he explained.

Following the filing of the case, the Supreme Court took over the case from the Civil Court.

The Chief Justice added that the Supreme Court will be considering the case as a “high priority” case.

Spokesperson for the Department of Judicial Administration (DJA), Latheefa Gasim, was not responding to calls at time of press.

Court saga

Earlier in October, former President Mohamed Nasheed’s legal team’s challenged the legitimacy of the Hulhumale Magistrate Court, and its summoning of Nasheed in connection to the detention of Chief Judge of Criminal Court.

The High Court at the time stated that the case had previously been looked at by the Supreme Court, there the court could not proceed with the case.

However earlier this month the High Court granted an injunction temporarily suspending the trial of former President after his legal team appealed a ruling on procedural points by the Hulhumale’ Magistrate Court in the trial.

During the hearing, JSC lawyer Abdul Fahthah stated that the JSC had lodged a case at the Supreme Court the same morning, asking the court to look into the matter of the legality of the Hulhumale’ Magistrate Court.

Following the proceedings of the case, Hulhumale’ Magistrate Court announced that it had suspended all ongoing cases following an injunction issued by the High Court on Sunday, including Nasheed’s trial.

The Hulhumale Magistrate Court said in its announcement that it had suspended proceedings on cases involving marriage, divorce, guardianship, family matters, property lawsuits, civil cases, criminal cases involving extension of detention periods as well as other matters that could be affected by the questions raised over its legal status.

Two days later, the Supreme Court ordered High Court to halt its proceedings on the appeal by Nasheed’s legal team, and ordered the Hulhumale Magistrate Court to resume its proceedings.

Question of legitimacy

Writing in his personal blog on the issue, lawyer and Independent MP Mohamed ‘Kutti’ Nasheed explained that a magistrate court could not legally be established at Hulhumale’.

The Judicature Act states that magistrate courts should be set up in inhabited islands aside from Male’ without a division of the trial courts (Criminal Court, Civil Court, Family Court and Juvenile Court).

According to appendix two of the constitution, Hulhumale’ is a district or ward of Male’ and not a separate inhabited island. The former magistrate court at Hulhumale’ – controversially set up by the JSC before the enactment of the Judicature Act in October 2010 – should therefore have been dissolved when the Judicature Act was ratified, he argued.

Former Chairman of the Constitutional Drafting Committee of the Special Majlis, Ibrahim ‘Ibra’ Ismail, has also published an article on his personal blog stating the reasons why the Hulhumale’ Magistrate Court cannot be considered a legal entity.

“When Parliament created courts by the Judicature Act, there was no ‘Hulhumale’ Court’ designated as a Magistrates Court,” he wrote.

“The Supreme Court itself is still sitting on the case of the validity of the [Hulhumale’ Magistrate Court]. It was created by the Judicial Service Commission (JSC), without authority derived from law. Therefore the validity of any orders or judgments issued by this court is questionable, and the Constitution says no one has to obey any unlawful orders, ie, orders which are not derived from law,” he explained.

He also cast doubts on the legitimacy of the JSC’s decision to appoint a panel of judges to look into the case.

“The Judicature Act does make some provision for Superior Courts (Criminal Court, Civil Court, Family Court and Juvenile Court only) to appoint a panel of judges for some cases. Such panel has to be decided by the entire bench or Chief Judge of THAT court. In this case, a panel of judges from other courts was appointed by the JSC to [Hulhumale’ Magistrate Court]. The JSC does not have that authority by Law,” he contended.

“There is more than ample grounds to contend that the summons was issued by an unlawful panel of judges, sitting in an unlawful court, which had already issued an unconstitutional restraining order which was ultra vires,” he added.

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Audit Office’s state budget increased by MVR 14 million

The Audit Office’s state budget has been increased by MVR 14 million, following approval by Parliament’s Public Finance Committee.

This year the Audit Office was approved a budget of MVR 57.8 million by the committee, as opposed to last year’s budget of MVR 44.5 million.

According to a member of the committee, the budget of MVR 57.8 million, as proposed by the Audit Office, was passed after thorough assessment by the Sub-Committee, and due to the importance of the work carried out by the Audit Office.

Auditor General Niyaz Ibrahim said that the budget had to be increased to facilitate the recruitment of 43 additional employees to the office.

From the MVR 57.8 million, MVR 54 million has been assigned as recurrent expenditure and MVR3.8 million as capital expenditure.

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Economic dependency threatens Maldives’ independence, warns President Waheed

The Maldives has become financially and economically dependent on foreign parties to an extent that threatens the nation’s independence and sovereignty, President Dr Mohamed Waheed Hassan Manik warned in his address (Dhivehi) to the nation on Republic Day.

Speaking at a function at Dharubaaruge last night, President Waheed said the country has still not recovered from the devastation wrought by the tsunami in December 2004.

“The national debt has soared to levels it has never reached before. In the past four or five years, the country has become financially and economically dependent on foreign parties to an extent that undermines our domestic and economic independence,” he said.

The Maldives “faced challenges to domestic stability” with the post-2004 constitutional changes and democratic reforms, he added.

“During this time, the country’s constitutional framework was destroyed and the state started to function outside of legal bounds,” Dr Waheed said. “And in addition to this, after the events of February 7 this year, some people have created further challenges to the country’s economic development and diplomatic relations.”

Then-Vice President Waheed assumed office on February 7 following the resignation of former President Mohamed Nasheed in the wake of civil unrest and a police mutiny at Republic Square.

The Republic Day marks the abolishment of an 853-year-old monarchy and its replacement by a second republic under President Ibrahim Nasir on November 11, 1968.

President Waheed meanwhile said in his speech that the country was facing a trial “during hard economic times” to increase government revenue, improve services to the public, maintain diplomatic ties and “establish financial and economic freedom.”

These objectives had to be achieved in a “world without domestic walls, within a social fabric where protecting Islamic values and the nation’s independence has weakened,” Dr Waheed said.

In his speech at a ceremony to mark ‘Victory Day’ on November 3, President Waheed claimed that foreign parties were attempting to exert undue influence over the Maldives “in different ways, under different names and capacities, to exercise power over us.”

These foreign parties were “saying that we must turn to their ideologies and sending over waves of secularism [or secular ideologies]  to the country,” Dr Waheed had said.

Meanwhile, in his address on Sunday night, President Waheed said sacrifices “such as those of our ancestors” were needed for peace and security and to ensure that “the economy is not destroyed through differences of opinion” and that “the social fabric is not unwoven through political antagonism.”

Important decisions needed to be made for next year’s budget to reduce expenditure and increase government revenue, he added.

President Waheed also announced his intention to convene a “National Conference” as a forum to discuss development strategies.

Ideas and opinions would be sought at the forum to chart a roadmap for development, he said.

Politicians, entrepreneurs, tradesmen, scholars, students, women, youth, judges, lawyers and private parties would be invited to participate in the conference, Waheed said.

In late October, Finance Minister Abdulla Jihad told local media that the Maldives would be unable to pay salaries and meet recurrent expenditure for the rest of the year without a further US$25 million loan from the Indian government.

The US$25 million was agreed upon in September as part of the $US100 million standby credit facility signed with Prime Minister Manmohan Singh in November 2011.

Jihad told local media that he believed the loan was being delayed due to the ongoing controversy over Indian infrastructure company GMR’s development of the Ibrahim Nasir International Airport (INIA), which is opposed by all parties in the ruling coalition.

Since coming to power, Waheed’s government has committed to reimbursing civil servants for wage reductions made during the austerity measures of the previous government, amounting to MVR443.7 million (US$28.8 million), to be disbursed in monthly instalments over 12 months from July 2012.

As of November 4, the overall fiscal deficit has already reached over MVR 2 billion (US$129 million). Jihad told the Majlis’ Finance Committee that he expected this figure to rise to MVR 6 billion (US$387million) by year’s end – 28 percent of GDP – alleging that the previous government left unpaid bills equal to over one third of this anticipated deficit.

Former Minister of Economic Development Mahmood Razee told Minivan News that increased expenditure in the face of a pre-existing deficit represented the government “ignoring reality.”

A delegation from the International Monetary Fund (IMF) meanwhile urged parliament’s Finance Committee and Economic Committee last week to expedite legislation on fiscal responsibility.

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JP backs hiding of votes during no-confidence motion against President and Home Minister

Jumhoree Party (JP) MP Alhan Fahmy has said that the party supports the motion submitted to the parliament committee by Maldivian Democratic Party (MDP) proposing that votes during the upcoming no-confidence vote filed at the parliament against President and Home Minister be hidden.

Speaking to local press in the Villa TV conference hall, Alhan Fahmy said that his party’s parliamentary group was following instructions from the party’s leader and MP, Gasim Ibrahim.

Alhan said it would be difficult to cooperate with the government unless it gave a fair reason as to why Transport Minister Dr Ahmed Shahmheed was this week dismissed from his position, after he awarded a 99 year lease to Gasim’s Maamagili airport.

Alleging that Dr Shahmheed was dismissed because he did not support every decision made by the President, Alhan questioned why President Waheed had failed to take action against the Nexbis project, and alleged corruption in the recent sale of a 30 percent stake of the Addu International Airport Company Pvt Ltd (AIA) to business magnate ‘Champa’ Hussain Afeef’s Kasa Holdings.

He also alleged that President Waheed was not fair in taking action against those accused of corruption, and noted that Thilafushi Corporation’s Managing Director Mohamed Latheef was dismissed from the position on allegations of corruption but later appointed to another position.

Alhan likewise noted that Felivaru Chairman Mohamed Imthiyaz – a member of the JP – was dismissed on allegations of corruption but said Waheed did not appoint him to another position.

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LGA blamed for hindering City Council’s mandate

The Local Government Authority (LGA) has been blamed by Male’ City Council for failing to cooperate with the council in providing services to the people.

In a statement made by the council, it alleged that legally obligated plans are currently pending due to LGA failing to heed requests for technical expertise for the work of the City Council.

The Council also highlighted that LGA had failed to provide information and extend cooperation needed to draft plans for the development of the capital Male.

“Male City Council has failed to provide the services to the people as the resources and funds needed haven’t been received from the relevant authorities.

“In addition, each and every responsibility being looked at in an investigative manner by LGA and relevant State institutions is unnecessary,” a City Council statement said.

The statement alleged that following the regime change on February 7, political influence has found its way into the new LGA board, creating a major obstacle to the council’s mandate.

The LGA have also been accused by City Council of launching investigations into every request made for the assistance of the authority.

The decentralisation system could collapse if the LGA failed to extend cooperation and assistance to the councils, City Council warns.

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Voluntary pension scheme proposal rejected

A proposal to make contributions to the pension scheme voluntary has been rejected by the Parliament’s Social Committee.

The current Pension Act stipulates that it is obligatory to participate in the pension scheme, however a revision of the act has been proposed by Fares-Maathoda MP, Ibrahim Mutthalib.

Mutthalib’s revision states that the pension scheme should be made voluntary and the current pension wage of 7 percent should be reduced to 3.5 percent of salaries.

After assessment and discussion, it was decided by the Committee that the Pension Act does not require the proposed revision.

The Attorney General’s Office, Pension Administration Office, Maldives National Chamber of Commerce and Industries, Maldives Association of Construction Industry, and Maldives Association of Tourism Industry, were all involved in the discussion on how the current pension scheme would be affected, should the revision be approved.

The committee’s decision on the revision has been sent to Parliament.

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Victory Day celebrations to be held this month

Victory Day celebrations are to take place this month in Male’, the Maldivian National Defence Force (MNDF) has confirmed.

The MNDF said that celebrations will be held in Republican Square, beginning at 8:30pm on November 14.

According to the MNDF, there will be three different events to celebrate the occasion, including a music show featuring famous Maldivian artists accompanied by the MNDF brass band.

The MNDF have said that speeches will be given by senior orators and school students on the subject of Victory Day.

A video presentation on the events of 3 November 1988 will also be screened, followed by fireworks, the MNDF have said.

The celebrations will commemorate the national tragedy of 3 November, when a group of mercenaries from Sri Lanka attacked the capital killing 19 Maldivians.

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Murder suspect blames earlier confession on police brutality, denies charges

Mohamed Samah, who is accused of murdering a police officer on the island of Kaashidhoo in July, has claimed during the second court hearing in the case that the confession he made during the previous hearing was a result of police torture while in custody.

The presiding judge asked if Samah could prove the allegation to the court, but Samah said he could not.

The judge then inquired as to whether he was kept in a separate cell and if he had met with other inmates. Samah replied that at at first he was kept in a separate cell and now he was with other inmates.

However, the judge said that during the trial one could not change what he had said earlier, and reminded Samah that today’s hearing was to hear his response to the statements of the heirs of the deceased.

During the hearing, Samah told the judge that executing him under Islamic Sharia would better for him that the torture he had to faced in prison.

The judge revealed that four of the three heirs of Lance Corporal Adam Haleem wanted to have Samah executed if the court found him guilty of the crime.

The fourth heir of Haleem was a minor, and the judge said he will determine the view of scholars of the four sects of Islam make a decision on how to deal with this particular case concerning taking the statement from the minor.

Before concluding today’s hearing the judge said that a verdict would be delivered next week.

On July 23 Lance Corporal Adam Haleem was stabbed to death on Kaashidhoo island in Kaafu Atoll.

Haleem was attacked while he was on his way to Kaashidhoo police station to report to duty.

While he was on the way to the police station police alleged he saw Mohamed Samah on the road, who was supposed to be under house arrest. Haleem followed Samah to his house and asked him to get himself ready to come with him to the police station.

Samah refused to go to the police station and became angry, police alleged, claiming that he entered his house and took an eight inch knife from the kitchen, which he used to stab Haleem in the left side of the chest.

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