Month: January 2013

Opposition expresses concern at defence spending hike in 2013 budget

Additional reporting by Ahmed Naish.

Budget Review Committee Member and Maldivian Democratic Party (MDP) MP Mohamed ‘Colonel’ Nasheed has revealed his party held “concerns” over the level of increased defence spending in the recently approved 2013 budget.

The 2013 state budget included a 14 percent increase to the 2012 defence budget that stood at MVR 797.9 million (US$51.7 million).

Amidst attempts to reduce the state’s budget deficit, MVR 130 million (US$8.6million) had been allocated to defence spending, bringing the total to MVR 930.9 million (US$60.3 million) for this year.

Authorities claim that the increased spending for the year is needed to cover additional duties such as the transfer of aviation security under the Ministry of Defence.

Through the budget review committee’s evaluation of the state budget, MP Nasheed claimed  that he and other members of the MDP had raised questions regarding the increase in the defence budget.

“While we understand national security is paramount, we did find the 14 percent increase to the defence budget a bit fishy,” he claimed. “We [MDP budget review committee members] raised questions regarding our concern over the increase, but unfortunately we do not have the majority on the committee.”

In order to reduce the budget deficit, the budget review committee made cuts of MVR 1.6 billion (US$103.7 million) to the MVR 16.9 billion (US$1 billion) state budget proposed by Finance Minister Abdulla Jihad. Parliament eventually passed an amended MVR 15.3 billion (US$992 million) state budget.

According to the Budget Review Committee report, the Maldives Monetary Authority (MMA) advised the committee to reduce total expenditure to MVR 15 billion and attempt to reduce public debt.

Despite the recommendations, Defence Minister Mohamed Nazim this week defended the MVR 130 million increase,  telling Minivan News that the money was needed to accommodate the newly established Aviation Security Command.  The operations have been put under the Ministry of Defence and National Security.

President Dr Mohamed Waheed Hassan Manik announced the establishment of the Aviation Security Command On Tuesday (January 1) in order to formulate aviation security policies and procedures.

Aside from undertaking new responsibilities under the Aviation Security Command, Defence Minister Nazim said additional improvements for Maldives National Defence Force (MNDF) personnel welfare were also being sought.

“We are also looking to improve accommodation for MNDF personnel, and we will be looking to open an operating theatre and Intensive care unit in the military hospital,” said Nazim.

When asked as to why the military hospital needed to be expanded given the size of the MNDF, Nazim said that uniformed personnel waiting in line to receive treatment at the other two hospitals in Male’ wasted valuable service time.

“The hospital is not just utilised by the military, it is also used by the police force and immigration and customs officers,” he added.

When addressing the issue of increased defence spending within the budget, Dhivehi Rayyithunge Party (DRP) MP and budget review committee member Dr Abdulla Mausoom said that national security was an important consideration needing to be made.

“You are talking about national security, and now aviation security for a whole country. Yes the budget is more than reasonable. The DRP is under no influence from the government and this time we are not concerned over the increase in the defence budget,” Mausoom said.

New uniforms and new accommodation for MNDF

Speaking at a ceremony on Monday (December 31, 2012) to unveil new uniforms for naval officers, Defence Minister Nazim said that efforts were underway to arrange accommodation for more officers at MNDF centres.

“Equipment has been purchased to arrange accommodation for officers. After the repairs, more officers will get accommodation in the next three months,” Nazim was quoted as saying.

The new accommodation would be provided at the MNDF Bandaara Koshi and Kalhuthu’kala Koshi in Male’, Nazim said.

Nazim said that efforts were also being made to arrange for low cost medical treatment for MNDF officers and their families overseas.

Providing accommodation to MNDF officers was discontinued as part of cost-cutting measures implemented by the administration of former President Mohamed Nasheed.

During last month’s budget debate, parliament’s Majority Leader, MDP MP Ibrahim Mohamed Solih, criticised the Finance Minister for failing to mention in his budget speech plans to hire 864 new police and army officers.

MP Solih, parliamentary group leader of the MDP (MDP), noted that the wage bill would shoot up 37 percent in 2013 compared to the previous year.

Echoing the concerns of the parliamentary group leader, MDP MP Eva Abdulla revealed that MVR 6 million (US$ 389105) was added to the budget of the Maldives National Defence Force (MNDF) following the controversial transfer of presidential power on February 7.

Former President Nasheed has alleged that he was forced to resign from office under “duress” in the wake of a police mutiny on February 7. Eva raised concerns that the police and army have hired 250 and 350 new staff respectively under the new government.

Consequently, both institutions found to have spent more than MVR 75 million (US$4.8 million) in addition to the approved budgets for 2012, she claimed.

Eva observed that the increase in the government’s wage bill of 37 percent was approximately MVR1.7 billion (US$110 million), which was also the amount allocated for harbour construction in the 2013 budget.

These funds should instead be spent for “harbours, education, sewerage and housing,” she argued.

Defence budget breakdown

Of the MVR930.9 million assigned for the military, MVR 805.4 million (US$52.2 million) is to be spent on military defence and MVR 125.5 million (US$8.1 million) on civil defence, according to the defence budget proposal last month.

Moreover, defence expenditure under the Public Sector Investment Projects (PSIP) include MVR 3.1 million (US$201,000) for the construction of a troops accommodation building in Gaaf Dhaal Thinadhoo and MVR 1.9 million (US$123,216) for a military barracks in Laamu Kadhdhoo.

Following the controversial transfer of presidential power in February, where sections of the police and military mutinied against the former government, an allowance of military personnel pending for more than two years was disbursed in a single payment by the Waheed administration.

Local media reported at the time that some officers had received over MVR6000 (US$390) in accrued allowances, although a total figure spent on the pay out, or how many officers received the allowances, was not stated.

MVR 1.1 billion has been budgeted to pay salaries and allowances for 7,108 personnel in the uniformed bodies.

The figure in the 2012 budget was MVR 999 million for 6,244 army and police officers.

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Proposed anti-piracy bill outlines legal framework for punishing suspects

The Government has proposed an anti-Piracy bill in an effort to curb rising concerns over the issue of security within its territorial waters and the wider Indian Ocean.

The bill has been presented to parliament by government-aligned Jumhoree Party (JP) Leader and business tycoon Gasim Ibrahim. The stated purpose of the bill is to establish a legal framework to deal with piracy within the territorial waters of the Maldives amidst concerns at the growing risk  of maritime crime in the Indian Ocean over the last few years.

With the Maldives located at a strategic intersection of sea trade routes, a significant amount of global maritime traffic passes through or near the country’s northern atolls.

The bill also seeks to outline legal procedures to deal with individuals suspected of committing acts of piracy within Maldivian territorial waters.  such procedures do not presently exist in the country’s legal system.  The acts outlined in the proposed bill would be considered as criminal offences.

According to the bill, a person who is found guilty of an act of piracy would face a 25 year jail sentence.   Meanwhile, if a suspect was found guilty of killing a person during a suspected pirate attack, they would be punished under Islamic Sharia to an additional 30 year custodial sentence.

For any damage to property incurred through piracy, a punishment of 15 year imprisonment is prescribed.

Those found guilty of conspiring to commit or assist in acts of piracy in the Maldives would face a punishment of 10 years imprisonment, according to the bill.

The bill specifically describes armed robbery as a separate offence, whereby if found guilty, a person would receive a 30-year prison sentence.  In a case where someone was killed during a suspected armed robbery, the suspect would face imprisonment along with additional punishment outlined in Islamic Sharia.

According to article 4 of the bill, the state authorities are vested with the power to apprehend offenders in its territorial sea, the contiguous zone, the exclusive economic zone and International waters.

The United Nations Convention on the Law of the Sea defines a state’s territorial waters as extending up to 12 nautical miles from its baseline.  The contiguous zone is a band of water extending from the outer edge of the territorial sea to up to 24 nautical miles (44 kilometres) from the baseline, within which a state can exert limited control.

An Exclusive Economic Zone (EEZ) of a state extends from the outer limit of the territorial sea to a maximum of 200 nautical miles (370.4 kilometres) from the territorial sea baseline including the contiguous zone, according to the same conventions.

Other offences noted in the bill includes the hijacking of vessels.  The punishment outlined for such a crime is 10 years imprisonment and a fine between MVR 100,000 to MVR 1 million.

Meanwhile, the punishment for obstruction of a safe passage is imprisonment for a period of no more than 15 years.

Courts in the country would also be allowed to extend the detention period of arrested individuals through means of audio and video phone in cases where it proved difficult to bring a suspect to a hearing, under provisions in the bill.

The power to arrest would also be vested to both the Maldives National Defence Force (MNDF) and the Maldives Police Services in the case of suspected acts of piracy. However, hearings of all offences committed under the bill would be tried at the Criminal Court in Male’.

Speaking to Minivan News, Foreign Ministry Spokesperson Ibrahm Muaz Ali said that the government had continued to raise concerns over security in the Indian Ocean for some times and had built strong relations with neighbouring countries like India to combat potential pirate attacks.

According to Muaz, the anti-piracy bill was perceived by the government as being a necessity in order to establish a framework capable of dealing with the issue. He added that the government was getting support from all regional countries on the matter.

Back in April last year in an interview given to the India-based Daily News and Analysis publication, Minister of Defence Mohamed Nazim highlighted the government’s concerns regarding the potential for pirate attacks.

Nazim at the time warned that “these threats have now come to our close proximity. We live by selling dreams of tranquillity and even a small incident in our territory could have devastating implications for the region.”

The comments were made at the same time that the first ever tri-lateral naval exercises between Sri Lanka, India, and the Maldives were held. Nazim told the paper that he believed a united approach was the best way to combat the problems of piracy in the Indian Ocean.

Nazim also praised the Indian Military for its assistance in equipping and training the Maldivian National Defence Force (MNDF).

First case of piracy within Maldivian waters

The Maldives experienced the first confirmed case of piracy within its waters back in March 2012, when a Bolivian-flagged vessel headed for Iran was hijacked by Somali pirates.  The vessel was released a few days later.

MNDF Spokesperson Colonel Abdul Raheem at the time confirmed that the vessel was hijacked about 190 nautical miles Northwest of Hoarafushi island in Haa Alif Atoll.

The vessel was identified on Somalia Report as the Iranian-owned MV EGLANTINE, with 23 crew members on board. The vessel, which has previously been named the Bluebell and the Iran Gilan, is owned by Darya Hafiz Shipping.

The Maldives’ government first expressed concern over the growing piracy threat in 2010 after small vessels containing Somali nationals began washing up on local islands. The castaways were given medical treatment and incarcerated while the government negotiated their repatriation.

Somali Pirates

In March 2012, 40 Somali castaways in the custody of Maldives authorities refused to return home despite arrangements that were made for their safe repatriation.

The government had at the time identified and obtained passports for the detainees and arranged a charter flight for their return to Somalia, confirmed a senior government official who worked on the case.  However, the source claimed that the government was unable to deport the foreign nationals against their will.

Refugees cannot be repatriated without consent under international conventions to which the Maldives is signatory, leaving the Maldives no legal recourse but to sign international conventions on the rights of refugees and migrant workers and their families and accept the Somali nationals as refugees.

In a special report on piracy in December 2010, Minivan News cited a European piracy expert who noted that increased policing of waters at a high risk of piracy was forcing pirates deeper and deeper into the Indian Ocean.

“We believe that this trend is due to the fact that the pirates are following the vessels – as merchant ships increase their distance from Somalia in order to feel ‘safer’, the pirates follow them resulting in attacks much farther east than ever before,” the expert said at the time.

An American luxury passenger line en route to the Seychelles in January was stranded in the Maldivian waters due to an alleged “piracy risk”, while the passengers departed to the Seychelles through airline flights.

Secretary General of Maldives Association of Yacht Agents (MAYA), Mohamed Ali, told Minivan News at the time that the passenger line had arrived on December 29 and was scheduled to leave the same day after a brief stop near Male’.

However, he said the cruise captain had decided not to leave with the passengers on board due to “security reasons”, as there have been several attacks by pirates near the Seychelles.

According to the government, the proposed bill if passed would pave way to deal with the matter easily and efficiently.

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MPs to receive special protection from MNDF security force

Parliament members are to receive security from Maldives National Defence Force’s (MNDF) Special Protection Group (SPG) starting this year.

Spokesman for MNDF Colonel Abdul Raheem told local media yesterday (January 2) that a security arrangement with the SPG would be available to MPs in Male’ should they request it.

According to local media, the SPG is made up of 178 specially trained military personnel.

Until now, the SPG has been responsible for the security of the President, Vice President and other well-known figures political and legal figures in the country.

However, under Article 105 (b) of the constitution, state security services are to provide protection and safety to members of parliament.

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Suspects deny murder of Ahmed Arham

Four suspects standing trial for the murder of 16 year-old Ahmed Arham have denied the allegations against them at a Criminal Court hearing held today, local media has reported.

All four suspects had been arrested in connection with the murder of Arham, 16, who was found killed inside a park in Male’ last year.

Police have previously identified the suspects as Mohamed Visham, 19, Mansoor Yousuf, 25, of Maavah Island in Laamu Atoll, Mohamed Sufyan, 19, of Gahdhoo in Gaafu Dhaalu Atoll, and Athif Rasheed, of Scenery View in Maafannu Ward of Male’.

According to local media reports, all suspects except Mansoor Yousuf had appointed themselves defence lawyers.

Mansoor was reported to have told the judge hearing the case that he would appoint a lawyer at a future hearing, opting in the meantime to proceed without legal representation.

The prosecution told the presiding judge they would produce evidence against the defendants at a hearing scheduled for Sunday (January 6).

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Five month-old foetus correctly pronounced dead: IGMH

Indira Gandhi Memorial Hospital (IGMH) has said that a five month foetus born prematurely yesterday (January 1) was correctly pronounced deceased before being sent to a cemetery in Male’ for burial.

Local media reported yesterday that the foetus had been incorrectly diagnosed as deceased by staff at the state-run hospital after showing signs of life at the cemetery.

A spokesperson for IGMH today claimed that the foetus, which was born severely malformed, was believed to have been mistaken as alive by cemetery workers after a “reflex” action gave the impression of signs of life.

Relatives of the mother had expressed concerns about their treatment and how they felt IGMH had dealt with the matter, the hospital spokesperson confirmed.

The Ministry of Health has meanwhile announced it would be reviewing policies at state-run hospitals in the Maldives and their handling of such situations as details of the case emerged today.

The parents of the foetus were also shown to have shown concern about their treatment by the hospital, accusing staff of negligence. The matter was said to have been reported to police, according to the Sun Online news agency.

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

The IGMH spokesperson told Minivan News this evening that the foetus, which has been born under inducement from drugs, had a severe malformation where the walls of its skull had not been developed fully.

Staff at the hospital claimed that for the mother’s safety, doctors had decided to induce labour with drugs on the basis that the severity of the condition would have given the foetus a very limited chance of survival as well as severe brain damage.

A spokesperson for IGMH confirmed that after the foetus had been returned from the cemetery, staff did not find a pulse or heartbeat. No treatment could be offered, the hospital source claimed.

Inquiry

Minister of Health Dr Ahmed Jamsheed Mohamed confirmed to Minivan News today that he had initiated an inquiry into the incident, which would then be used to enact any potential recommendations or action needed to be taken by hospital staff in future.

Dr Jamsheed said he was not able to discuss the nature of some of these changes before a review had been completed.

“The changes would depend on the findings and recommendations. The issue would be looked at jointly by the Ministry of Health and IGMH,” he said. “The policy decisions and regulatory measures would be common to all state hospitals, but would also depend on the level of hospital and respective services provided.

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Yacht Tours to take legal action over resort termination

Yacht Tours, a company owned by Maldivian Democratic Party (MDP) MP Abdulla Jabir, has said it will take the government to court over the recent termination notice it has been sent in relation to unpaid rent.

At a press briefing held today, Yacht Tours Executive Director Ibrahim Rasheed explained that the company currently owed approximately US$5 million (MVR 77 million) to the state.  According to Rasheed,  one-third of this debt was actual rent payments, while the rest amounted to fines accumulated over recent years.

“We have previously paid USD 1.5 million dollars (MVR 23 million) to the state as an advance for our island Watavarreha. Just after we made the payment, a new law was passed and it came about that this was something our company did not really have to pay,” Rasheed explained.

“But then, keeping the financial status of this nation in mind, our company did not push too hard to get reimbursed. Instead, we requested the government to use this money for rent adjustment of our other resorts,” he said.

Rasheed also gave details of the company’s official communications with the government in regard to the request it had been sent, providing the media with copies of letters exchanged between the state and the company.

Yacht Tours had requested the then Minister of Tourism, Arts and Culture, Dr Mariyam Zulfa, to arrange rent adjustment of the resorts Kudarah and Alidhoo from the Watavarreha advance, which the company said it was owed by the government.

A follow-up letter, dated August 21, 2011, stated that according to the Maldives Inland Revenue Authority (MIRA), the government owed the company US$1,115,374 (MVR 17,176,760).  At the same time, the company was said to owe a total amount of US$1,300,418 (MVR 19.9 million) in charges for the three resorts to the state.

The former tourism minister had then sent a letter on August 21, 2011 to the Ministry of Finance and Treasury, asking the rent adjustment to be processed as was requested by the company.

In a letter dated 27 September, 2011, a letter exchanged between the President’s Office and the Ministry of Finance and Treasury stated that advance money paid by a company can be used as rent adjustments for another resort or tourist business owned by the same company.

Following the transfer of power in February, Yacht Tours had again approached the Tourism Ministry to settle the matter of rent. On 22 February 2012, Yacht Tours wrote to current Tourism Minister Ahmed Adheeb, once again detailing the issue and asking for rent adjustment.

According to the company, Adheeb has failed to respond to the letter.

At a press conference on held December 31, 2012, Adheeb said that Yacht Tours had been sent the termination notices for both the Alidhoo and Kudarah resorts, with a seven day period for handover.

He added that while the ministry had come to a payment system agreement with a number of other companies, Yacht Tours had sent no official written communication in regard to the payment of outstanding rents.

In response, Rasheed claimed he was deeply concerned about the comments, accusing the minister of making a false statement.

“We wrote to the ministry just after he was appointed. We still haven’t received a response to the letter sent back in February. We have also met him officially at a number of instances to discuss this matter. The last time, right after the termination notices were sent in late November, I personally went with Jabir to a meeting with the minister to discuss this issue. At the time, the Minister had said that he was working on it, to arrange rent adjustment,” Rasheed said.

“We are very saddened that the minister has gone and said there are no communications between Yacht Tours and the ministry.  If, let’s say, the current government considers all the letters we have exchanged with the previous governments to be void, then we should be notified of that. Makes me wonder if Adheeb thinks he is the first minister of tourism of the country. With the current actions in mind, it is hard to see Adheeb as a capable minister,” he added.

Yacht Tours Managing Director Ibrahim Shiham spoke about the huge loss the company was facing due to the government’s actions.

“Many of the bookings are getting cancelled. We are also experiencing delays from business partners and financiers. Foreign investors are very concerned about the government’s actions. The market value of the islands are at US$100 million (MVR 1.5 billion) now. And they are trying to terminate this over a value of US$5 million (MVR 77 million).

“Our wish is to settle the matter through dialogue, but now that we have been given seven days to handover the resorts, our legal team will respond to it. We will be taking the matter to court,” Shiham said.

Yacht Tours Chief Executive Officer (CEO) Mohamed Zuhair expressed concerns over the state’s treatment of companies in the tourism industry.

“It goes without saying that all companies in this same industry must be treated equitably and fairly. However, we deeply regret to say that today it is not how things are been carried on. Yacht Tours is not given the same treatment as other companies in the industry,” Zuhair said.

The company furthermore pointed out the silence on the matter of tourism related bodies like MATI and MATATO to be very concerning.

Minister of Tourism Ahmed Adheeb was not responding to calls at the time of press.

Abdulla Jabir is currently not in the country.  Jabir had recently rejoined the MDP from the government-aligned Jumhoree Party (JP).

Last month, staff at Alidhoo Resort alleged both Maldivian and foreign workers had not received pay for several months, despite complaints made to management and various external government organisations.  Minivan News understands some of these payments had since been made by the company.

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Government seeks to dissolve Male’ City Council

Additional reporting by Ahmed Naish.

The government has confirmed today it has requested the Local Government Authority (LGA) to dissolve Male’ City Council (MCC) – an elected body predominantly represented by opposition Maldivian Democratic Party (MDP) members.

The MCC has been involved in a number of disputes with the government during 2012 following February’s controversial transfer of power – most recently over the issue of funding and utility bill payments.

President’s Office Spokesperson Masood Imad confirmed to Minivan News today that any decision to dissolve the MCC would be made legally through a request to the LGA, which is presently chaired by the Home Minister.

“What I know is that we are getting complaints about [the council’s] inefficiency,” he said.

Masood was unable to comment further on the matter at time of press, forwarding inquiries to Home Minister Dr Mohamed Jameel Ahmed.

Dr Jameel was not responding to calls from Minivan News at the time of press.

However, Councillor Mohamed Abdul Kareem told Minivan News that the MCC had been informed that the LGA had been sent a request from the government to dissolve the council.

Of the eleven councillors of the capital, nine were elected on MDP tickets.

Kareem observed that article 66(a) of the Decentralisation Act grants the LGA authority to submit a case to the High Court requesting the dissolution, but believed no such motion had been filed at time of press.

“As far as I know, such a case has not been sent to the court,” he said

Kareem added that should the dissolution matter proceed, lawyers for the MCC were to appeal against any such motion, taking the case to the Supreme Court if it was unsuccessful during the High Court case.

Three grounds for dissolving councils are specified in article 66(a) for which a case could be submitted to the High Court.

These include repeatedly failing to carry out the functions and responsibilities of the council; misusing the council’s resources or facilities; and failing to carry out duties due to repeated failure to hold meetings.

Article 66(b) meanwhile states that the court must only grant the LGA request “if the court believes that there is no other way but dissolving the council.”

In the event that the High Court approves dissolving the council, fresh elections must be held within 45 days. The LGA would appoint caretakers in the interim to manage council affairs.

LGA member Ahmed Faisal told newspaper Haveeru today that the Home Ministry requested the MCC be dissolved following deliberations by the cabinet.

“We have received a letter signed by the Home Minister. But we have not tabled the issue in the agenda yet. And I don’t even believe that the Home Minister could order a council to be dissolved like that. Because there are a lot of things the LGA has to complete before that,” Faisal was quoted as saying.

Faisal accused Home Minister Jameel of requesting the city council be dissolved for “political purposes.”

Faisal also criticised Jameel for allegedly being unaware of the difficulties faced by councils in his role as chair of the LGA, the oversight body formed to coordinate with and oversee local council.

The LGA member stressed that dissolving councils was a long process and that the LGA has not made any decision yet, adding that dissolving the council without addressing difficulties it faced would be “unjust.”

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Recent bills “restrict fundamental rights,” NGOs warn

A number of bills passed by parliament in 2012 could “weaken the democratic, good governance system” and “restrict some fundamental rights,” local NGOs Transparency Maldives (TM) and Maldivian Democracy Network (MDN) have warned.

In a joint statement issued today, the civil society organisations expressed concern at the potential narrowing of constitutional rights to freedom of assembly and expression as well the formation of political parties.

The statement also expressed concern with the “loss of transparency” due to the decision to conduct no-confidence motions through secret ballot.

With legislative and oversight powers over the executive and independent institutions, the NGOs noted that the People’s Majlis had “the most prominent role” in establishing democratic, good governance and protecting human rights.

The NGOs also called on the relevant authorities to ensure that MPs could fulfil their legal responsibilities “free from harassment and fear in a secure environment”

It added that the NGOs did not believe calls for dissolving parliament “could strengthen the People’s Majlis.”

On the amendment approved to the parliamentary rules of procedure to conduct no-confidence motions through a secret vote, the NGOs said it believed that decision could lead to “loss of transparency in the Majlis, pave the way for corruption and impede holding the people’s representatives accountable.”

Fear of physical harm or other forms of retribution based on such votes was not a justification for the decision, the NGOs said, contending that secret votes was “not the solution” to the purported threats.

The political parties bill meanwhile restricted the constitutional right to form political parties by requiring 10,000 members for registration, the statement continued.

“What is needed to strengthen the functioning of the party system is to increase participation of party members, party’s taking initiative to inform members of financial matters, auditing, ensuring implementation and taking measures against violations,” the statement read.

The NGOs suggested that the number of votes a party receives in general elections, number of parliamentary seats and strength of internal mechanisms could be used as a measure to provide state funding in lieu of the number of registered members.

The organisations further contended that the bill on peaceful assembly posed “serious challenges to the whole democratic system.”

The bill could restrict the constitutional right to freedom of assembly (article 32), freedom of expression (article 27) and press freedom (article 28), it added.

As article four of the constitution states that “all the powers of the state of the Maldives are derived from, and remains with, the citizens,” both NGOs warned that narrowing the fundamental rights guaranteed by the second chapter of the constitution would “facilitate taking away from the public the powers that remain with them.”

The legislation on freedom of assembly was passed on December 25 with 44 votes in favour and 30 against.

MPs of the formerly ruling Maldivian Democratic Party voted against the bill, which would outlaw demonstrations outside designated areas and require accreditation for media to cover protests.

Parliamentary privileges

Transparency Maldives and Maldivian Democracy Network also expressed concern with the controversial parliamentary privileges bill passed last month.

The bill was submitted in late 2010 and became the subject of controversy and public outrage. In January 2011, a group of “concerned citizens” demonstrated and petitioned then-President Mohamed Nasheed urging him to veto the legislation.

The bill was passed on December 27, 2012 with Speaker Abdulla Shahid casting the tie-breaking vote.

The vote was tied 31-31 with three abstentions. Most MPs of the opposition MDP voted against it and later raised concerns with some of the clauses.

In its statement, the NGOs insisted that the parliamentary privileges bill should have been “based on the concept of privileges stated in article 90 of the constitution” to uphold the “integrity of the institution” and ensure that MPs could fulfil their duties “free of undue influence”.

Article 90(a) states, “No member or other person shall be liable to any proceedings in any court, and no person shall be subject to any inquiry, arrest, detention or prosecution, with respect to anything said in, produced before, or submitted to the People’s Majlis or any of its committees, or with respect to any vote given if the same is not contrary to any tenet of Islam.”

Moreover, article 90(b) states, “No person or newspaper or journal shall be liable in respect of any report or proceedings made or published under the authority of the People’s Majlis, or in respect of any fair and accurate report of the proceedings of the People’s Majlis or any of its committees, where this is done in accordance with principles specified by the People’s Majlis.”

The NGOs contended that the parliamentary privileges bill violated the spirit of article 90 of the constitution and contained “inappropriate financial and other benefits” for MPs.

The NGOs concluded their statement by calling on parliament to review the bills passed during the third session of 2012.

The statement urged MPs to consider the constitution and human rights as well as “international general principles and measures” in its review of the approved legislation.

Beyond privileges

In a video message posted on his personal blog yesterday (January 1), Independent MP for Kulhudhufushi South Mohamed ‘Kutti’ Nasheed explained that the “main reason” he voted against the privileges bill was because it “contained a number of clauses outside the meaning of privileges.”

Parliamentary privileges should be construed as eliminating obstacles to fulfilling MPs’ legal responsibility, Nasheed said.

Former Information and Legal Reform Minister Nasheed objected to clauses in the bill specifying financial benefits for MPs as well as jail terms for persons found guilty of violating  MPs’ privileges.

“In my view, when we are implementing these things for the first time, we could settle for fines instead of big criminal punishments,” he said.

Nasheed also disagreed with a clause that allows convicted MPs serving a jail term or sentence of less than 12 months to participate in parliamentary proceedings. MPs convicted to longer than a year would lose their seats.

The bill also stipulates that MPs who serve one five-year term would receive 30 percent of their pay as a retirement pension upon reaching 55 years of age and 45 percent as a pension if they serve two five-year terms.

Nasheed noted that seven percent of an MP’s salary was contributed to the pension fund under the existing pension law, which the bill did not address.

Moreover, Nasheed contended that the bill conflicted with a number of provisions in the parliamentary rules of procedure or standing orders.

Among other issues he raised, Nasheed noted that punishments for offences specified in the bill contravened punishments in existing laws and that the parliamentary secretary-general was to receive “the security offered to the Speaker of Parliament, a state car and a diplomatic passport.”

Nasheed also observed that the legislation did not settle the question of whether MPs could refer to ongoing court cases during parliamentary debates.

While the bill states that official secrets must not be disclosed, Nasheed said it did not specify a penalty for the offence.

Nasheed also expressed concern with the absence of ethical guidelines or rules for MPs in exercising powers to demand and receive any information – “for example, a person’s bank account, information regarding his health, information on loans he has taken.”

According to the privileges legislation, persons who refuse to comply with such demands for information, documents or records would face penalties or punishments specified in the bill.

As both the executive and judiciary would have special privileges as well, Nasheed suggested that such a bill should “balance the scale” between the three powers of state.

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Ferry collision injures five

Five people received minor injuries in a collision between two ferry services travelling to and from the the islands of Hulhumale’ and Hulhule’ this afternoon, police have confirmed.

According to local media reports, the two boats collided when the Hulhule’ ferry, which transports passengers to the island housing Ibrahim Nasir International Airport (INIA), was leaving the Male’ terminal area. The Hulhumale’ ferry was reported to be trying to enter the same area at the time.

Police told local media that there were no major casualties reported. All those injured were taken to ADK Hospital.

Just last month, a Finnish tourist was killed and nine people were injured after a collision between two speed boats not far from Male’.

The incident led to the temporary suspension of an express speedboat service between Hulhumale’ and Male’ operated by the Maldives Transport and Contracting Company (MTCC).

The services were restarted later the same month follow a review of guest safety procedures.

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