Day: March 7, 2013

JSC Chair refuses to be answerable to parliamentary oversight committee

The Judicial Services Commission (JSC) has informed Speaker of Parliament Abdulla Shahid on Wednesday that it will not be held answerable to the Majlis’ Independent Commissions Oversight Committee.

As the country’s judicial watchdog, the JSC has been summoned by the commission concerning the appointment of judges in the trial against former President Mohamed Nasheed.

Nasheed is being tried over his controversial detention of Criminal Court Chief Judge Abdulla Mohamed during the final days of his presidency.

In response to a summons from the parliament committee, JSC Chair and Supreme Court Judge Adam Mohamed responded in a letter stating that the JSC refused to discuss any matters concerning the Hulhumale’ Magistrate Court, as it related to an ongoing case.

According to local media, the letter stated that the commission would not abide by the parliament summons, citing a Supreme Court ruling that nobody could influence an ongoing case. The letter justified refusing the commission’s request by noting that the Supreme Court ruling also stated any decisions made against the ruling must be considered void.

JSC is legally required to attend committee: Parliament Speaker

Meanwhile, Speaker of Parliament Abdulla Shahid, who is also a member of the JSC, has responded to the letter stating that the JSC is legally required to attend and be answerable to its oversight committee.

In the letter, Shahid quoted Article 99 of the Constitution of the Maldives and Article 69 of the Parliament Regulations, adding that as per the constitution, it is parliament which has legal powers to decide on matters concerning independent institutions of the state.

“The Judicial Services Commission, established under Act 10/2008, is required under that law and the Constitution of the Maldives to be answerable to the parliament. Hence, it is mandated to attend the parliament and the relevant permanent parliamentary committee, and to be answerable and accountable for any work that they are doing, or have done,” local media quoted the letter as reading.

Shahid added that as he is incidentally also a member of the JSC, he held no reluctance to attend the parliament committee, even if in a personal capacity, to be held answerable for decisions made by the JSC.

Commission must be answerable to parliament: JSC Vice Chair

JSC Vice Chair, Criminal Court Judge Abdulla Didi, has meanwhile spoken out against the commission’s official response to parliament, stating that its refusal to attend the Independent Commissions Oversight Committee was not a decision of the majority members of the commission.

“From what I know, only three commission members attended the meeting where this decision was made. That doesn’t even meet the minimum required quorum to make a decision,” Didi stated.

“I, myself, could not attend the meeting because of the extremely short notice we were given,” he continued.

“All and any member of the commission must be accountable and answerable to the oversight committee at any time. No one can refuse to do so. As a member of the JSC, I am perfectly willing to attend the parliament meeting and answer to any questions they put to us,” Didi stated.

JSC members summoned

Following the JSC’s official refusal to attend, and the responses in conflict to that decision from the commission’s Vice Chair Abdullla Didi and Speaker of Parliament Abdulla Shahid, the parliament’s Independent Institutions Oversight Committee has once again summoned individual JSC members to a meeting scheduled for Thursday night.

JSC members summoned to the meeting are Vice Chair Abdulla Didi, Speaker Abdulla Shahid and member appointed from the public Sheikh Shuaib Abdul Rahman.

Sheikh Rahman on Wednesday publicly aired concerns about the politicisation of the commission, alleging that the commission had ‘handpicked’ magistrates for Nasheed’s trial and openly planned to eliminate him from the September 7 elections.

JSC has used the same justification to refuse to answer the parliamentary oversight committee in November 2012.

The oversight committee has previously determined that the JSC’s creation of the Hulhumale Court – in which Nasheed is being tried – is illegitimate. However this was overruled four to three by the Supreme Court bench, on request of the JSC. Supreme Court Judge Adam Mohamed – the JSC chair – threw the casting vote.

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Attorney general challenges Political Parties Act in Supreme Court

The attorney general has filed a case in the Supreme Court requesting a writ of mandamus against the Elections Commission to prevent dissolution of political parties that has failed to maintain the required 10,000 members as stipulated in the Political Parties Act.

The parliament’s overrule of presidential veto on the Political Parties Bill by a majority of 60 votes on Tuesday (March 5) means the bill will automatically came into force without needing ratification from the president.

Deputy Solicitor General Ahmed Usham was reported in local media as stating that enactment of the Political Parties Act meant political parties that do not have the required number of members would be dissolved without any transitional period.

The attorney general, he said, was of the view that dissolution of smaller political parties without a transitional period would compromise the rights of several parties.

The case

According to Usham, the state has requested the Supreme Court issue a writ that would prevent dissolution of the parties prior to a court decision, or until a transitional mechanism is set up.

“Referring to the legal principles employed in other democratic societies, dissolution of a political party that is formed in accordance with the law is only given on very exceptional occasions,” he told local newspaper Haveeru.

He contended that the consequence of ratifying the bill was that smaller political parties would be dissolved in an irresponsible manner without being given the opportunity to attain the required membership.

The attorney general requested the Supreme Court declare who should be held responsible for the debts incurred by a political party dissolved as per the Political Parties Act.

“We have filed the case in two ways. The first asking the Supreme Court to issue a writ declaring that smaller political parties will not be dissolved and the second to invalidate the clause which dictates dissolution of political parties that do not have a membership of 10,000. The bill failed to highlight who should be responsible to the debts incurred by the party and its employees,” an official from the AG’s office stated.

According to the official, the same arguments were reflected in the letter giving reasons for vetoing the bill, which was sent to parliament by President Dr Mohamed Waheed Hassan Manik before it was forced into law.

“Our concern is that political parties are legal entities, they have made contracts with several parties. If they are dissolved without a transitional period this compromises a lot of rights,” he added.

Passage of the bill

The Political Parties bill was passed on December 2012 however, President Waheed – whose own Gaumee Iththihaadh Party (GIP) is among those set to be dissolved – refused to ratify the bill and sent it back to parliament for reconsideration in January.

However, with unanimous support from both parliament’s minority leader and majority leader, the bill was forced into law by overruling the presidential veto on Tuesday. Out of the 67 members present during the vote, 60 voted in favour of the passage of the bill while six voted against the bill and one MP abstained.

The law will provide a three month period for any political party with fewer than 10,000 members to reach the required amount or face being dissolved.

Article 11 of the law states that at least 10,000 signatures would be needed to register a party at the Elections Commission (EC), which would be mandated to ensure that membership does not fall below the figure.

Parties unable to sign 10,000 members would be dissolved.

Immediate dissolution of smaller political parties

However following the ratification, President of Elections Commission Fuad Thaufeeg stated that the commission’s interpretation of the act suggests that political parties that do not have a minimum of 10,000 members could be abolished immediately.

He stated that once the act is gazetted, the commission was of the view that smaller political parties would immediately be dissolved. However, he said that EC’s legal team was currently reviewing the act and would make a decision based on its report.

“Our legal team is currently reviewing the law before it actually is enacted. The bill having passed by such a strong majority means that the commission would make all the necessary arrangements to begin enforcing the law,” he said.

He added that the law gives the Elections Commission additional powers to regulate and discipline political parties and that the law also gives powers to the commission to take action against parties that violate the law.

Despite several parties facing being dissolved, Thaufeeg said that he hoped to see several parties registered under the new law.

Condemnation

Several leaders of smaller political parties including President Waheed have criticised the Act.

During a party rally held in GIP headquarters, President Mohamed Waheed criticised parliament claiming that the legislature was very “stubborn” towards amending the bill.

Meanwhile, his party spokesperson Abbas Adil Riza said on Thursday in a press conference that the political parties act directly violated the constitution and compromised several rights guaranteed by the constitution.

“Fundamental rights can only be abolished through a public referendum. We want parliament members to amend the act,” he said. “Our problem is not just 10,000. The Act is flawed and has several lapses.”

He added that GIP wish to intervene in the case filed in the Supreme Court.

Meanwhile, Adhaalath Party leaders claimed the legislation was a direct attempt to dissolve the party and in the long run “eradicate” Islamic ideology from Maldivian politics and “defeat” the party’s efforts to oppose alleged attempts to secularise the country.

“This is a big political and legal challenge [they] placed before Adhaalath Party. The way the political sphere in the country is shaped today, it is very important for a political party like Adhaalath Party to exist,” said its leader Sheikh Imran Abdulla at the time.

DQP Leader Hassan Saeed echoed the Adhaalath Party in warning that he would seek to invalidate the bill through the Supreme Court if it was ratified. Latest statistics shows that the DQP’s membership currently stands less than 3,000 members.

“While it is a constitutional right for anybody to form political parties, I do also believe that a right could be limited through legislation. But such a limit should be placed in accordance to principles justified in other free and democratic societies. The current bill demanding a certain membership size in order for a political party to be registered is a big problem,” Saeed was quoted saying in local media.

Of the 16 parties currently in existence, only five parties now have more than 10,000 registered members, including the formerly ruling Maldivian Democratic Party (MDP) as well as the government-aligned Dhivehi Rayyithunge Party (DRP), Progressive Party of Maldives (PPM), Business tycoon MP Gasim Ibrahim’s Jumhoree Party (JP) and most recently, the religious conservative Adhaalath Party (AP).

According to EC, tourism magnate Ahmed ‘Sun Travel’ Shiyam’s Maldivian Development Alliance (MDA) have also attained the required number of members.

Political parties were first authorised in the Maldives in May 2005 following an executive decree by then-President Maumoon Abdul Gayoom.

The regulation required 3,000 members for registration and did not stipulate whether parties with membership numbers falling below the figure would be dissolved.

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Government appoints attorney general as acting human rights minister

Attorney General (AG) Azima Shukoor has been appointed as Acting Minister of Gender, Family and Human Rights, the President’s Office has announced.

Shukoor’s appointment comes at a time when the government has committed itself to review laws it has previously claimed discriminate against – and in some cases criminalise –  women and minors believed to be the victims of sexual abuse.

President’s Office Media Secretary Masood Imad declined to speculate on the reason for reappointing the role of acting gender minister, stating only that there was “not much time” and limited resources at the government’s disposal to “get its house in order”.

Masood told Minivan News last month that the Maldives had experienced a number of similar criminal cases of late where young women had been victimised and punished by authorities – a situation he said the government was looking to prevent.

“We are reviewing this right now and if we have to go to the extent of changing existing laws then we would look to do this,” he said.

The Gender Ministry and the Ministry of Islamic Affairs were among the state bodies requested to be part of any potential review, Masood has previously claimed.

Such commitments were made as authorities come under intense scrutiny from local and international civil society organisations following global media coverage of the trial and conviction of a 15 year-old girl on the island of Feydhoo in Shaviyani Atoll for fornication.

In a separate criminal case, the same 15 year-old girl has been identified as a victim of child abuse after giving birth to a baby later discovered last year buried in the outdoor shower area of her home.

Her stepfather was later charged with child sexual abuse, possession of pornographic materials and committing premeditated murder.

Azima Shukoor was not responding to calls from Minivan News at time of press.

Previous ministers

The acting gender minister position has previously been filled by Minister of Environment and Energy Dr Mariyam Shakeela.

Dr Shakeela was appointed as acting minister on November 21 last year as a replacement for Dhiyana Saeed, who was dismissed from the role for acting in a manner the President’s Office has previously said was not suited for a minister.

Dhiyana had strongly criticised President Dr Mohamed Waheed Hassan Manik and his government over the arrest of her husband, Kaashidhoo MP Abdullah Jabir, who was arrested under suspicion of drinking alcohol.

Jabir re-joined the opposition Maldivian Democratic Party (MDP) following the arrest.

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“No reason” to delay trial for just four weeks, says Nasheed

Former President Mohamed Nasheed has requested state institutions consider the Prosecutor General’s statement to the Hulhumale’ Magistrate Court during the most recent hearing of his ongoing trial.

During the hearing on Wednesday (March 7), state prosecutors said they did not object to delaying the trial until presidential elections scheduled for later this year are over.

The prosecution told the three-member panel of judges that they “did not have any problem” withholding the trial for four weeks, and “did not object to delaying the election until the end of the scheduled presidential elections in September 2013.”

Nasheed is facing criminal charges over the controversial detention of Chief Judge of Criminal Court Abdulla Mohamed during the last days of his presidency.

Speaking during a party rally held on Wednesday evening, President Nasheed stated that the four-week break granted by the Hulhumale’ Magistrate Court until the next hearing was an opportunity for state institutions to decide on the matter.

“Delaying trial for just four weeks has no meaning. There is no reason for it nor does it help anyone. We want the trial to be delayed till the elections are over. [The prosecution] gave one month and said that they did not object to further delays,” Nasheed told his supporters.

Nasheed said that it was very clear that charge of arresting the judge was not a charge against him alone, but several others as well.

He also warned that if the magistrate court issued a verdict that would bar him from contesting the elections, a lot of people would rise up against the decision and trigger a “very dangerous political insurgency”.

“Can remain straitjacketed for another 40 days”: former president

“[The government] and the prosecutor general knows very well that Nasheed of Galolhu Keneryge can remain straitjacketed for anther 40 days. He can do that. The torture he receives from it will not change anything,” Nasheed said.

Nasheed also criticised the Judicial Service Commission (JSC) stating that the problem with Hulhumale’ Magistrate Court was not just the panel of judges. He alleged that the JSC had formulated the bench and have now been forcing administrative staff of the court to do specific things to impact the trial.

Elaborating, Nasheed claimed that the current Cabinet Secretary of President Dr Mohamed Waheed Hassan Manik, Abdulla Nazeer – who was a state minister of education – regularly paid visits to the judges and cabinet ministers and regularly contacted the judges to inquire about the progress of the trial.

“Progressive Party of Maldives (PPM) presidential hopeful Abdulla Yameen does not talk about the case. Dhivehi Rayyithunge Party (DRP) leader Ahmed Thasmeen Ali does not speak about it. But it is always traitor Waheed who speaks of it,” Nasheed said.

“He will always say it is with the courts. We are seeing today and every other day how much he is trying to influence this trial. It is posing a huge challenge towards a fair and transparent hearing.”

Nasheed further claimed that the current judiciary of the Maldives was being operated for the benefit of a few politicians.

Despite the law stating otherwise, the judiciary was incompetent and inexperienced, and could not guarantee a court room that would deliver justice to the people of the country, Nasheed said.

“They will take us tomorrow. Even then, be courageous. They will take us the day after tomorrow. Even then, be courageous. Next time it would not be just a day, next time it would be 10 days, perhaps a month but still we shall not back down,” he said, as supporters roared in support.

No withdrawal, no objection

Despite Nasheed’s remarks, Prosecutor General Ahmed Muiz stated that he was not withdrawing the charges against Nasheed, and said that he was still sticking by his decision.

He told local newspaper Haveeru that the state prosecutors will be present any time the court wishes to schedule the trial.

“We told [Nasheed’s lawyers] that we have no problem requesting the court delay the hearing for four weeks. We even told the court that,” he said. “I don’t mind even if the court delays the case. But we don’t have an desire to delay the trial. The court can carry out the trial the way they wish. I have no objection to it; we would follow the schedule they give.”

During Wednesday’s hearings, Nasheed’s legal team requested the court delay the trial until the end of the scheduled presidential elections in 2013, and in a separate request, asked the court for a delay in proceedings by four weeks.

However, the judges dismissed the request to delay the trial until the end of the elections, but agreed to withhold it for four weeks, stating that the panel of judges by majority “have decided to proceed with the trial”.

Nasheed’s lawyers subsequently contested the decision, claiming that continuing the trial could compromise the rights of many people, arguing that Nasheed was the presidential candidate of the largest political party in the country, the Maldivian Democratic Party (MDP).

However, the court stated that Nasheed’s claim he was the presidential candidate of a political party lacked legal grounds to support it, as presidential candidates were announced by the Elections Commission after it opened the opportunity to file presidential candidates.

Politicised trial

Speaking to Minivan News, the former President’s Spokesperson MP Mariya Ahmed Didi claimed the court’s decision reflected “how politicised” the trial was.

“The prosecution did say that they had no objection to defer the trial after the election. However, the court opted for a four week [delay],” she said. “We do feel that the fact that the PG has said that he did not object but the court to give only four weeks deferment shows how politicised this trial is.”

Didi added that Nasheed’s legal team had not ruled out the option of appeal and said that President Nasheed and senior members of MDP are currently engaged in discussion with the legal team on whether to do so.

Speaking to Minivan News, Kirsty Brimelow QC, one of three UK-based experts on former President Mohamed Nasheed’s legal team, said that there remained a “strong argument” in the case that the prosecution of Nasheed was “not in the public interest”.

“It is a strong argument that a prosecution is not in the public interest. The currently constituted court comprises of judges who may be biased or have the appearance of bias. They should recuse themselves,” she argued.

She also contended that the prosecution of Nasheed’s case before the Hulhumale’ Magistrate Court fell “below international standards for fair trial procedure”.

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Police arrest man on suspicion of assaulting Mariya Didi

A 26-year-old man has been arrested on suspicion of assaulting Maldivian Democratic Party MP Mariya Ahmed Didi, a year after the alleged assault took place.

Police Spokesperson Chief Inspector Hassan Haneef told local media that the man was arrested on 4 March 2013 in relation to the assault that took place on 7 February 2012.

According to local media, police have been investigating the videos of the unrest that followed the controversial change of power in February 2012.

The police have been criticised by various institutions for a failure to investigate several incidents that took place on February 7 and 8, 2012.

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Facebook shuts down anti-government protest page without notice

Facebook has shut down a prominent pro-Maldivian Democratic Party (MDP) Facebook page, ‘Kula Yellow’, without notice.

The anti-government page was first established in May 2010 and spread by word of mouth, attracting a strong following among Maldivian young people and reaching 23,000 ‘ likes’. Facebook did not contact the administrators before shutting down the popular social media news source, at approximately 6:30pm on Tuesday, March 5.

According to an analysis conducted by Kula Yellow on the site Social Bakers, the youth-run, self-described “name and shame” platform is one of the most popular social media news sources in the Maldives.

Kula Yellow is a reference to MDP’s political party color. The page promises a “source of information against President Mohamed Waheed regime and a tool to mobilise people against continued human rights abuses and police brutality.”

“MDP is fighting for freedom. Kula Yellow facilitates that by providing a platform for them to spread their views, organise protests and events, and it is very helpful if any message needs to be conveyed to supporters instantaneously,” a Kula Yellow co-founder told Minivan News.

“We are updating and uploading media of police and government brutality 24 hours a day. Our posts have revealed many, many, many government secrets and they can’t digest it. Kula Yellow is a threat to them,” he claimed.

“Additionally we have saved many, many, many lives through our social work. For example, if anyone – they don’t have to be an MDP supporter – needs a blood donation we post on the page to find a matching donor,” the co-founder added.

Although the page has never been shut down before, five of the most active administrators have had their personal accounts blocked or shut down since former President Mohamed Nasheed’s controversial resignation February 7, 2012, a Kula Yellow co-founder and administrator told Minivan News.

“Some of the most active administrators’ have been blocked several times following the coup. This was a problem for us on the release date of the Commission of National Inquiry (CoNI) as well. The current Maldivian government cannot digest anything we are reporting and they are subsequently blocking media freedom,” he contended.

“I’m sure it’s a government act. They are sending continuous complaint reports to Facebook saying Kula Yellow is ‘spreading lies and inciting violence’, but that is not true,” the co-founder stated.

“There are only two or three news media outlets, and newspapers Haveeru and Sun Online back the current government,” he added. “Kula Yellow fills a gap by trying to explain the coup and give a voice to Maldivian people. The government didn’t like what we were posting and cannot come down on us under Maldivian law. Of course they are trying to block us, I’m sure they formally complained to Facebook,” the administrator stated.

“Maldivian intelligence from the Police Services and Maldives National Defense Force (MNDF) monitor [telecommunications companies] Dhiraagu and Wataniya calls and text messages. They are always trying to intercept communications,” the Kula Yellow administrator said, matter-of-factly.

A second Kula Yellow administrator explained there were many admins spread throughout the Maldives, and they took down inappropriate content, such as threats or misinformation.

“Kula Yellow is very open because it’s a social media platform for the public, so on the rare occasion someone puts inappropriate content on the ‘wall’ the administrators take it down immediately. We try our best,” he said.

“We are not like the many hate pages that supporters of Waheed’s government have up – all of which are up and running smoothly,” he said.

“We will interfere”: police

Police denied issuing complaints about Kula Yellow to Facebook, but admitted to telecommunications interference.

Police Spokesperson Chief Inspector Hassan Haneef told Minivan News that “so far we haven’t reported anything to Facebook”.

“We will interfere if any social network or internet site is not [run] according to Maldivian law and order,” Haneef added.

The MNDF also denied interfering with the Kula Yellow page, as Spokesperson Colonel Abdul Raheem explained to Minivan News.

“We have not asked anyone to take down Kula Yellow, not to my knowledge. Was it the communications ministry or something like that? They can say anything,” Raheem said.

President’s Office Spokesperson Masood Imad denied knowledge of Kula Yellow’s existence, as well as any government interference with it being shut down.

“I have never heard about this Kula Yellow thing that you are talking about. We [the government] do not worry about these pages. How do you know Facebook took it down? Facebook is too big to worry about small little pages. The fact that the page has been taken down has nothing to do with the government,” Masood said.

“Maybe they themselves took it down. If their page has been hacked, or shut down maybe the page owners can follow it up with Facebook,” said Masood.

In 2012, administrators of Kula Yellow claimed they had been “threatened” by police over their page’s content. Police officials denied the accusations.

Facebook activism

Kula Yellow contacted Facebook immediately to reinstate the page and say they remain hopeful their page will be restored quickly.

“Yesterday’s action seemed to be a targeted response to the regime’s arbitrary arrest of the Maldives’ first democratically elected president, Mohamed Nasheed,” stated Kula Yellow.

“Kula Yellow is disappointed by the action taken against the page by Facebook and calls for them to immediately reconsider and place their support with the people of the Maldives.”

A Kula Yellow co-founder lamented that the situation in the Maldives was very complex and contend that Facebook “clearly does not understand Kula Yellow.”

“Facebook did not check to verify what the government, or individuals from the government regime, were reporting. They were probably following their company policy to remove the page if they received numerous complaints.

“This happened in Syria also. Then journalists reported the story and helped get the page(s) reinstated,” a Kula Yellow co-founder stated.

Kula Yellow is exhorting diplomats and international actors to “understand that this is a violation of our human rights, particularly freedom of expression, and should support Facebook reinstating the Kula Yellow page immediately”.

“There are already many fake Kula Yellow Facebook pages going up and this will continue to spread like wildfire in the jungle. The government can’t stop us. We don’t give a damn. There are a thousand ways to move forward, so well will just find another way.

“In the interim our Twitter page is active,” a Kula Yellow administrator added.

The Maldives this year plummeted to 103rd in the Reporters Without Borders (RSF) Press Freedom Index, a fall of 30 places and a return to pre-2008 levels.

Additionally, the Maldives is one of two countries to be dropped from Freedom House’s list of electoral democracies, in its annual survey of political rights and civil liberties.

Facebook had not responded to Minivan News at time of press.

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President wanted “credit” for Maamigili Airport lease extension: former transport minister

Former Minister of Transport Dr Ahmed Shamheed has criticised his removal from cabinet last year following the decision to extend the lease of Maamigili Airport by 99 years.

Shamheed has claimed that he was dismissed by President Dr Mohamed Waheed Hassan Manik following the approval of the airport lease extension because the president wanted to take credit for the decision.  The lease was given at the time to the Chairman of Villa Group, Gasim Ibrahim.

Last month, the Anti-Corruption Commission (ACC) began an investigation into the 99-year lease of the airport. According to the ACC President, Hassan Luthfee, the investigation is still ongoing.

Despite the investigation, President Waheed inaugurated Maamigili Airport last week (February 28).

Shamheed claimed that the decision to extend the airport lease had been made whilst former President Mohamed Nasheed had been in power, and that the decision was not one he had made on his own.

“It was the economic committee who had decided on the lease, I never decided on my own. It was initiated by the committee actually, that is how it started,” Shamheed alleged to Minivan News.

“It do not think it was the 99-year lease that was the problem, I heard from people close to him that he thought he should be the one making the decision. He thought he should take the credit for that.”

Shamheed was nominated to his former ministerial post by the government-aligned Jumhooree Party (JP) – of which Gasim is the party’s president.

Speaking back in November 2012, the former transport minister told local media that the documents to extend the airport lease for 99 years had been sent to the transport ministry by Nasheed’s government.

“The current government delayed the matter. The president government only endorsed the decision. It was decided by the NPC [National Planning Council] during the former government,” he was quoted as saying in local newspaper Haveeru.

President Waheed inaugurated Villa International Airport in Maamigili Island in south Ari Atoll on February 28.

Speaking at the ceremony, Waheed thanked Chairman of Villa Group, Gasim Ibrahim, before stating that he was greatly honoured to inaugurate the airport.

The main objective of making the airport an international airport was to improve the country’s transport system and the tourism industry, Waheed said during the ceremony.

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