“Waves of secularism”: President warns of undue foreign influence

Foreign parties are attempting to exert undue influence over the Maldives, secularise the country and exercise power over its people, President Dr Mohamed Waheed Hassan Manik has warned.

Dr Waheed made the remarks in his address to the nation (Dhivehi) at a ceremony on Friday night, following the unveiling of a memorial monument for ‘Victory Day’  – when an attempted coup on November 3, 1988 was thwarted by Indian military intervention.

The former vice president said that “foreign parties are attempting to exert influence over us 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 waves of secularism [or secular ideologies]  to the country,” the President claimed.

The country has undergone drastic changes in a changing world, Dr Waheed said, while Maldivians’ “traditions, lifestyle and behaviour” has seen major changes.

Dr Waheed contended that Islam was the principal reason “behind the Maldives surviving to the present day.”

“We would not be here marking this day if not for the light of that religion,” he said. “Therefore, we should not give any opportunity for [anyone] to take undue advantage of the turmoil in our environment. I call upon all political parties not to compromise the peace and security of our nation.”

In his first major speech since assuming the presidency on February 7, Dr Waheed told supporters of the ruling coalition that this was “no longer the age of colonialism” and that “no foreign country can influence the Maldives.”

“Today we will maintain our sovereignty with bravery. Be courageous. We will not back down an inch. Today, the change [in power] in the Maldives is what Allah has willed. This did not happen because of one or two people coming out into the streets. Nobody had been waiting for this. Nobody even saw this day. This change came because Allah willed to protect Islam and the decent Maldivian norms,” Dr Waheed had said on February 24.

“Be courageous. Today you are all mujaheddin [those who wage jihad or holy war] who love the nation. We will overcome all dangers faced by the nation with steadfastness.”

Indian investment

Meanwhile, speaking at a ceremony to mark 46 years of diplomatic relations between the Maldives and India on Thursday night, President Dr Waheed said business that have done well in the country were “built on mutual trust and respect.”

While the Maldives would “always welcome Indian investments” it was important to ensure that “national interests are fully protected” when inviting multi-national corporations (MNCs) to invest in the country, President Waheed said in a speech delivered in English.

“Small countries like Maldives are like small businesses, vulnerable to external shocks, always self-conscious about security and easily manipulated by bigger partners. In addition as a nation state small countries are very conscious of their national pride and sovereignty. It is important that, we small countries invite large Multi-national Corporation’s we need to assure that our national interests are fully protected,” Dr Waheed said.

“Similarly the MNC’s must understand as small countries we are vulnerable, we have little bargaining power and especially as a country in transition, we are on a steep learning curve, it is when we become sensitive to each other’s concerns that we build a trusting and lasting friendship. It is not a secret that we are currently facing some difficulty with some Indian companies, we must overcome these difficulties and adamantly resist such difficulties from effecting our very close and brotherly relationship between our two countries.”

He added that Maldivians should “never question the relationship with India” and “must always appreciate and remain grateful to India.”

Meanwhile, Minister of Finance Abdulla Jihad last week warned that the government was unprepared to meet its recurrent expenditure – including salaries – for the final months of 2012 without US$25 million promised by the Indian government.

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Former Deputy Police Commissioner faces prosecution over arrest of Dr Jameel

The Police Integrity Commission (PIC) has forwarded a case against former Police Deputy Commissioner Ismail Atheef for prosecution, following an investigation commission into its arrest of current Home Minister Dr Mohamed Jameel in January 2012, prior to the controversial change of government.

Dr Jameel was arrested under the administration of former President Mohamed Nasheed following a request made by the President’s Office to police, to investigate allegations made by the Dhivehi Qaumee Party (DQP) Deputy Leader that the then-government of Nasheed was working under the influence of “Jews and Christian priests” to weaken Islam in the Maldives.

The allegations were extensively documented in a publication released by the party, ‘President Nasheed’s devious plot to destroy the Islamic faith of Maldivians’.

The repeated release of Dr Jameel – also former President Maumoon Abdul Gayoom’s Justice Minister – by the Chief Judge of the Criminal Court, Abdulla Mohamed, led to the Nasheed administration’s arrest of Judge Abdulla.

PIC Deputy Chair Dr Abdulla Waheed told local newspaper Haveeru that the investigation had been concluded and that case sent to the Prosecutor General’s office to press criminal charges against the former Deputy Police Commissioner.

Dr Waheed told the paper that the arrest was unlawful as the procedure Atheef applied in arresting Jameel breached the Police Act.

When Dr Jameel was arrested and brought before the Criminal Court for extension of detention, Chief Judge Abdulla Mohamed ruled that the arrest was unlawful and ordered his immediate release.

Earlier last month, the Chair of PIC Shahindha Ismail resigned from the commission saying that the members of the PIC were not working to achieve the objectives of the commission and that the commission had failed to hold the police accountable.

“What I’ve seen in the actions of institutions is that they have been giving a lot of space for the police to act with impunity,” she said at the time of her resignation.

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Comment: Good governance and the judiciary – lessons to be learned

“The true administration of justice is the firmest pillar of good government.”

– inscription on the Supreme Court building of New York

Simple and fundamental as it is, this inscription, totally captures the idea that I am trying to convey. That is, good governance is impossible without a strong, independent and fair judiciary. Hence, we need to pay serious attention to this for future development of our country.

Examples around the globe abound, supporting the profound words in the inscription.

First, let us look at the fashionable phrase “good governance”, introduced by a World Bank study in 1989, linking governance with development. Despite different, closely-related definitions, most believe that good governance should encompass certain characteristics such as people’s participation in the governing, consensus, equity, transparency, efficiency, accountability, responsiveness and judiciary.

Of all these characteristics, this article will concentrate on the importance of the judiciary in good governance: the inter-relations and the effects on each other.

One of the important features of the judiciary is its independence. An independent judiciary is of utmost importance for good governance rule. A case in point is the classic example of Somalia, which is categorised as a “failed state.” At the centre of this failure lies governance.

The failure of governance in Somalia is closely tied to the relationship between the judiciary and government. For example, in 2004, the then-President had the power to appoint and dismiss judges as he pleased. This signifies a non-independent judiciary, which is over-powered by the executive. Another crucial factor that contributed to the collapse of the state was the government’s failure to uphold the constitution. It merely paid lip-service to the constitution.

The process works the other way too. For example, research on Africa shows that corruption and weak administrations weaken the regime. This, in turn, weakens all the laws, whether good or bad. In short, the absence of good governance gives way to weak laws. If laws and regulations do not exist or are weak, the three powers start running the government with their “thumb”. This means authoritarian rule, which could hinder development.

Corruption within the judiciary can be seen in the Peoples’ Republic of China where it is a serious threat to good governance as it leads to courts being unresponsive to the country’s complex society and undermine the legitimacy of the law and government. The problem in China is the deeply-rooted concept that laws must be used to strengthen state capacity and fulfill political ends.

Another case where judicial corruption prevails is Indonesia, where the Supreme Court’s integrity value has ranked amongst the lowest. The result is that the public does not see the Supreme Court as the provider of justice, and instead, the public perceives it as part of the rule of law problem which provides a serious drawback to good governance.

In Pakistan, governance failure, among others, is at the heart of the country’s constraints to growth. This is, partly, due to the less independent nature of the judiciary in which the courts do not protect the lender against the loan-defaults who do not pay their loan, or from ambiguous land titles constraining mortgage financing and construction activity.

Nepal is a case where constitutional structures are not sufficient to create an independent, impartial and accountable judiciary. Some scholars believe that planning and visionary leadership are instrumental for meaningful and lasting changes to take hold. Simply taking action against a few judges is not adequate.

In Mexico, the confused state of the judiciary effects the government in a negative way. Here, the problem is the existence of suspicion between legal thinking and politics.

Now, what lessons can we learn from the very limited examples given above, and from some others?

  • Lesson 1. The judiciary should be independent of the executive and the legislature. It should not be influenced or over-powered by the executive or the legislature; or even a former executive and his/her cronies. However, this does not mean that the judiciary is above the law or outside the law.
  • Lesson 2: We should have a judiciary in which people have trust and faith, as in the case of our “Big Brother” India whose Supreme Court is said to be “one of the most powerful institutions of its kind” in the world. The importance of this is that the judiciary has performed well, sustaining the trust of the people in its independence.
  • Lesson 3: We should use democracy to fight judicial corruption and not judicial corruption to undermine democracy, as in Chile where, after the military dictatorship, the role of democracy was used as a punishment and a preventive mechanism to hinder exceptional emergence of judicial corruption.
  • Lesson 4: Corruption in the judiciary should be gotten rid of before its roots dig even deeper into our behavior, making it the accepted norm.

The way forward: Let’s fight to reorganise the judiciary to pave the way for good governance, without which there is no hope for our country. We might as well sink into the beautiful, deep blue Indian Ocean.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Education Ministry questions ACC order to review awarding of scholarships

The Education Ministry has questioned instructions by the Anti-Corruption Commission (ACC) to review the awarding of scholarships from the Zakat (alms for the poor) fund, reports Haveeru.

State Minister for Education Aminath Ali denied the ACC’s claim that deserving recipients were denied scholarships due to flaws in the selection process, carried out jointly by the Education Ministry, Zakat Fund Committee and the Islamic Ministry.

Of 812 applicants, 320 were selected for the scholarships, she revealed.

“ACC had highlighted that though orphans deserved a mandatory nine points, that process had not been followed. We had requested the Islamic Ministry to define orphans before the process was selected. Islamic Ministry advised that orphans over the age of 18 who are employed would only receive a certain amount of points,” the state minister was quoted as saying.

She revealed that some students who were not chosen for the scholarships had filed complaints with the ACC, after which two officials from the commission examined the selection process and all relevant documentation.

She added that the ACC investigators had not questioned any officials from the ministry.

The state minister also denied claims by the ACC that the last stage of the selection process was carried out only by the Education Ministry despite the regulations stating equal involvement of both the Education and Islamic Ministries.

Aminath Ali went on to characterise the ACC’s order for a review as “bizarre” and questioned the purpose of the order, accusing the commission of violating the rights of students who deserved the assistance.

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Elections scheduled on Wednesday for women’s committees

Elections are due to take place in 102 islands on Wednesday for women’s committees to work with the existing island councils.

Local Government Authority (LGA) Chief Executive Officer Dr Ahmed Shukuree however told local daily Haveeru yesterday (November 4) that there were no candidates from 44 islands. The LGA plans to fix a date for elections in the 44 islands after sharing information on the importance of the committees, he said.

While elections would be held in 102 islands, constituencies where only one candidate applied, such as in some areas of Male’ and Addu City, would not require an election, Shukuree said.

Aside from nine-member committees for three islands, five member committees would be elected in 159 islands and seven members committees in 26 islands, according to the LGA.

Under article 36 of the landmark Decentralisation Act (Dhivehi), the powers and responsibilities of women’s committees are: (a) Advise island council on matters related to island development and municipal services provided by the council; (b) Own properties and conduct business activities with others in the name of the committee; (c) Sue and be sued in the name of the committee; (d) Conduct various activities for income generation and for the development of women; (e) Work to uphold the rights of women; (f) Work to increase religious awareness amongst women; (g) Work to increase political participation of women; (h) Work to increase the numbers of women enrolled in higher  education; (i) Work to improve the health condition of women; (j) Gather important information related to the women; (k) Manage assets and finance of the committee.

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MP Riyaz Rasheed threatens to sue Finance Minister, Attorney General over state benefits to former President Nasheed

Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed threatened to sue Finance Abdulla Jihad and Attorney General Azima Shukoor at parliament today for providing state benefits to former President Mohamed Nasheed under the Privileges and Protection for former President’s Act of 2009.

Riyaz’s remarks came during introduction of a bill the MP for Thaa Atoll Vilufushi has submitted to bring amendments to the 2009 law, specifying circumstances where the financial benefits could be denied to ex-Presidents.

Riyaz contended that former President Nasheed was not eligible for financial benefits under the law as he had not completed a full five-year term.

While the government had initially questioned Nasheed’s eligibility, the Finance Ministry began providing the financial benefits to the former President in May 2012.

“Even though the Finance Minister is doing it [releasing the funds] based on legal advice from the Attorney General, they have to answer for this,” Riyaz said today. “There will come a day when these two will face a lawsuit over this. We are waiting for the day when this government ends. We will sue the Attorney General and Finance Minister on that day.”

He however added that it was “not easy to proceed with this now” as the DQP was part of the ruling coalition.

Riyaz’s amendments meanwhile state that ex-Presidents would not be eligible for state benefits if they committed or participated in an unlawful act or encouraged such an act.

Moreover, former Presidents would be deprived of all privileges and protection if they commit or encourage an act that threatens the country’s independence; commit an act that leads to the loss of Maldivian territory; commit or encourage an act of terrorism, join a terrorist organisation or call for others to join such a group; and commit, encourage or call for “an act that could pulverize the country’s economy”.

If a former president is convicted of corruption, embezzlement or misappropriation of public funds during his or her tenure, Riyaz’s amendments state that he or she would be deprived of state benefits for a period of 10 years.

If the amount embezzled or misappropriated exceeds MVR 10,000 (US$650) the amendment proposes extending the period by one month for each additional MVR 1,000 (US$65).

In addition, if a former president is convicted of a criminal offence committed while in office, state benefits would be discontinued for a period of 10 years.

If a former president is convicted of a criminal offence committed after leaving office, he or she would be deprived of state benefits for five years.

During today’s debate, MPs of the formerly ruling Maldivian Democratic Party (MDP) claimed that the purpose of Riyaz’s amendments was to terminate state benefits to former President Nasheed, accusing him of personally targeting the MDP presidential candidate.

Government-aligned Jumhooree Party (JP) MP Alhan Fahmy – former vice president of MDP before defecting to the JP – agreed with his former colleagues that the bill was “politically motivated” and submitted “out of personal animosity.”

Progressive Party of Maldives (PPM) MP Ilham Ahmed however supported the amendments and suggested that Nasheed should not receive state benefits based on the former President’s disrespect of courts, alleged sale of national assets and call for a tourism boycott.

Meanwhile, the office of former President Nasheed last week accused the government of “negligence” in providing the legally mandated monthly allowance to cover expenses of the office.

In a press release on Thursday, the former president’s office noted that article 8 of the Privileges and Protection for Former President’s Act (Dhivehi) states, “In the event that a former president wishes to conduct social work beneficial to the community, the state shall provide up to MVR175,000 (US$11,350) a month to arrange for an office, employees and other matters.”

Article 128 of the constitution states that a former president “serving his term of office lawfully without committing any offence, shall be entitled to the highest honour dignity, protection, financial privileges and other privileges entitled to a person who has served in the highest office of the land.”

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Man jumps into sea to avoid arrest

A 35 year-old man jumped into the sea to avoid arrest in the island of Dhagethi in Alif Dhaal Atoll on November 2.

According to police media, the suspect was waiting at the jetty to claim a box sent on a speedboat from Male’ on Friday afternoon and police were tipped off that the box contained illegal narcotics.

The suspect however jumped into the sea to escape when police attempted to take him into custody.

Police officers meanwhile jumped in after the suspect and apprehended him. Two rubber packets of suspected drugs were found in his possession when he was checked at the Dhagethi police station.

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Maldivian Democracy Network observing former President Nasheed’s trial

Local NGO Maldivian Democracy Network (MDN) is observing the trial of former President Mohamed Nasheed on charges of illegally detaining Criminal Court Chief Judge Abdulla Mohamed.

MDN said in a press release on Sunday that it was “conducting the observations of the trials in partnership with a representative of the Bar Human Rights Committee (BHRC) of the Bar Association of England and Wales in the United Kingdom.”

On conclusion of the trial, MDN said it plans to produce a report based on the observations.

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JP Leader Gasim threatens STO MD with dismissal if Addu airport stake is sold

Jumhoree Party (JP) Leader and MP for Alif Dhaal Maamigili MP, Gasim Ibrahim, has warned the Managing Director of the State Trading Organisation (STO) Shahid Ali that he would be sacked from his post if an agreement is signed to sell a 30 percent stake in the Addu International Airport Company Ltd (AIACL) to Kasa Holdings.

Responding to a question from a reporter at a function at the JP office last night, Gasim reportedly said Shahid could not “stay in his post if he signs it,” according to newspaper Haveeru.

He also warned that the STO MD could “not live on this island” if the sale was finalised.

The remarks from the JP presidential candidate comes after the Finance Ministry yesterday asked AIACL to halt the sale of a 30 percent stake in the consortium to Kasa Holdings, which was intended to raise finances for development of the Gan airport in Addu City.

‘Champa’ Hussain Afeef, tourism pioneer and business mogul, owns Kasa Holdings. A consortium formed by the Maldives Airports Company Ltd (MACL), STO and the Gan Airport Company meanwhile owns AIACL.

AIACL Managing Director Shahid Ali – also managing director of STO – told Sun Online on Sunday that the Finance Ministry asked to halt the sale of shares until the Public Enterprises Monitoring and Evaluation Board (PEMEB) gives clearance for the sale.

Shahid meanwhile told newspaper Haveeru that the agreement for the sale of shares was to be signed yesterday and that all arrangements had been made to complete the sale when the Finance Ministry’s instructions came through.

Shahid however claimed that it was “not the government’s policy” to stop the sale, adding that he expected the agreement to be signed next week with PEMEB’s clearance.

Meanwhile, Gasim sent a letter to President Dr Mohamed Waheed last week alleging corruption in the proposed sale of 30 percent of AIACL’s stake.

If the sale goes through, Gasim warned that Kasa Holdings would be positioned to acquire 70 percent of AIACL by moving to sell 40 percent to a buyer of its choice.

“If a member representing the government does not attend a board meeting held to sell this 40 percent, Kasa Holdings will have the power to sell 40 percent of shares to whoever it pleases at whatever price it wants,” Gasim wrote.

“In light of my experience on how these [deals] are completed, I have to say that the ultimate result would be the remaining unsold 40 percent being sold to a buyer of Kasa’s choice and the opening up of the opportunity for Kasa Holdings to control 70 percent, and within this opportunity, for [Kasa] to sell 51 or more percent of AIA to another foreign party.”

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