Day: March 30, 2013

Yameen elected as PPM presidential candidate

Progressive Party of Maldives (PPM) Parliamentary Group Leader Abdulla Yameen has been elected as the party’s presidential candidate to compete in the upcoming national elections.

The preliminary results of the PPM’s presidential primary reveal that Yameen won with a total of 13,096 votes, beating rival candidate Umar Naseer’s 7,450 votes – a 63 percent majority, according figures quoted by local media.

A total of 31,298 PPM members were eligible to vote in the party’s presidential primary through one of the 167 ballot boxes placed in 140 islands, Sun Online reported.

Umar Naseer accepted defeat: “If it’s a free and fair election, I will always accept the final result. I believe so far the election has been fair. As I said we will know how to proceed once we assess the complaints,” he told Haveeru.

“The party won’t be divided. I believe this will further strengthen the party as this exercise shows the strength of democracy within this party.”

Former President of the Maldives and PPM President Maumoon Abdul Gayoom congratulated his half-brother, Yameen, via Twitter following the announcement of the results.

Gayoom had urged party members to take part in Saturday’s election, despite not casting a vote himself in order to remain “neutral”.

During the voting period on Saturday (March 30), Yameen told local media that certain party members had been seen inside voting centres in Male’ using foul language in an attempt to start fights and create disorder.

Private media outlet Raajje TV captured a brief scuffle on camera between supporters of the two presidential primary candidates Umar Naseer and Abdulla Yameen.

The footage shows police being brought in to control the crowd, who are dressed in the party’s pink colour scheme.

Yameen told local media shortly after casting his vote outside the Aminiya School in Male’, that despite the minor conflicts, the party would not split.

“Overall, the voting is alright. But people from within the party have entered voting centres and have tried to start fights.

“They have raised they voices, used foul language, this should not happen in an internal election. It is very sad,” Yameen was quoted as saying in Sun Online.

On Friday (March 29), Yameen’s half brother, former President of the Maldives and PPM president Maumoon Abdul Gayoom, called for PPM members to show the world what a “responsible party” the PPM is during Saturday’s primary.

Slanderous accusations

The recent internal disorder among rival supporters follows a month of increasingly heated rhetoric between the two presidential candidates.

Earlier this month, Yameen responded to several accusations made against him, claiming the “stories” to be untrue.

“I have been accused of holding large sums of money in different accounts. I’m not responding to these allegations. But the people who work with me need public confidence.

“I want to say to you, that there are several allegations targeted at me. But those allegations are baseless and unfounded. None of those stories are true. Don’t believe them,” Yameen was quoted as saying in local media.

A spokesperson for Abdulla Yameen’s ‘Yageen’ campaign team told local media on March 23 that Umar Naseer had made slanderous and “blatantly untruthful” statements about Yameen during a recent rally.

Speaking at the aforementioned rally, Naseer claimed that Yameen’s campaign team is forced to play “80 percent in defence” in order to denounce the public’s claims against him.

“We heard our brother MP [Ahmed] Nihan speaking at Yameen’s campaign rally. All he did was try to denounce what the public says about Yameen,” Naseer said at a rally held on March 15.

“Nihan said that although people allege Yameen has ties with gangs and gang violence it is not true. He said that although people say Yameen bathes with mineral water, that isn’t true either.”

An MP is trying to frame me: Umar Naseer

Earlier in March, Naseer claimed that he had received “intel” that an attempt would be made to “assassinate” his character by planting illegal substances in his offices.

Following Naseer’s initial claims, he told supporters at a rally on March 15 that an MP involved in the illegal drug business was attempting to “frame him”.

“[The MP] tried to ruin my reputation by sending police to my business offices in the pretence of looking for illegal substances. I do not get involved in such acts.

“I will not name the MP, I do not need to name him here. He is trying to hide the relations he has with gangs and his involvement in the illegal drug business.”

On March 17, a police source told Minivan News that a bottle of alcohol had been found in a car belonging to Naseer’s wife when searched by police.

Despite Umar Naseer’s comments, former President Gayoom tweeted earlier this month that external influences were attempting to split Yameen and Umar apart.

“Some people from outside PPM are trying hard to drive a wedge between Yameen and Umar. All PPM members please be alert to this,” Gayoom tweeted.

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Police arrest two men and a Maldivian woman engaged in sexual activity

Police have arrested a Maldivian woman and two men engaged in sexual activity in a guest house raid on Thursday night (March 28).

A further two intoxicated individuals were arrested during the raid at Dulcet Stay Guesthouse in H. Lhareethige, local media reported.

According to police, three out of the five people had been arrested while “engaged” in sexual activity, and that the men involved had told police that the woman “did it for money”.

Local media reported that two Maldivians, a woman and a man were also arrested for using drugs in another room in the guesthouse.

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President Waheed to form election coalition with religious conservative Adhaalath Party

President Dr Mohamed Waheed has announced plans to form a coalition between his Gaumee Ithihaad Party (GIP) and the religious conservative Adhaalath Party (AP), ahead of presidential elections scheduled for later this year.

Writing on his personal Twitter account Thursday (March 28), President Waheed welcomed the support of the  AP, while expressing hope other undisclosed parties would be making similar announcements at a later date.

The AP tweeted the same day that its council have approved the coalition with the current president ahead of the September this year.

By yesterday (March 29), the AP tweeted that it aimed to “form a large, strong coalition” including other parties in the country to try and provide stability and prosperity in the Maldives following the presidential race.

The AP, one of five parties in the country meeting a recently approved regulation requiring any registered political body to have 10,000 registered members, is part of the coalition government of President Waheed following the controversial transfer of power that brought him into office in February 2012.

Both Adhalaath and GIP do not presently have any elected members in parliament.

The religious conservative party was previously a coalition partner in the government of former President Mohamed Nasheed, later leaving the government citing concerns at what it alleged were the irreligious practices of the administration.

This led the AP in December 2011 to join then fellow opposition parties – now members of Waheed’s unity government – and a number of NGOs to gather in Male’ with thousands of people to “defend Islam”.

During the same day, Nasheed’s MDP held their own rally held at the Artificial Beach area in Male’ claiming his government would continue to practice a “tolerant form” of Islam, reminding listeners that Islam in the Maldives has traditionally been tolerant.

“We can’t achieve development by going backwards to the Stone Age or being ignorant,” Nasheed said at the time.

Shortly after coming to power in February 2012, flanked by members of the new government’s coalition, President Waheed gave a speech calling on supporters to “Be courageous; today you are all mujaheddin”.

GIP Spokesperson Abbas Adil Riza, President’s Office Media Secretary Masood Imad and President of the Adhaalath Party Sheikh Imran Abdulla were not responding to calls regarding the coalition announcement today.

Diverging opinions

Despite the agreement to cooperate between the two parties, Waheed and the AP differ in their reaction to the recent controversial sentencing of a 15 year old rape victim to 100 lashes for fornication with another man.

President Waheed’s  stated on his official Twitter account at the time: “I am saddened by the sentence of flogging handed to a minor. Govt will push for review of this position.”

The Foreign Ministry subsequently expressed “deep concern by the prosecution and the Juvenile Court’s sentence to flog a 15 year-old girl on the charges of pre-marital sex.”

“Though the flogging will be deferred until the girl turns 18, the government believes she is the victim of sexual abuse and should be treated as such by the state and the society and therefore, her rights should be fully protected. The Government is of the view that the case merits appeal. The girl is under state care and the government will facilitate and supervise her appeal of the case, via the girl’s lawyer, to ensure that justice is done and her rights are protected,” the Ministry stated.

The President’s Office also recently announced it was looking at the possibility of bringing about reform to potentially bring an end to the use of punishments like flogging in the country’s justice system.

However the Adhaalath Party has publicly endorsed the sentence, stating that the girl “deserves the punishment”, as outlined under Islamic Sharia.

The party, members of which largely dominate the Maldives’ Ministry of Islamic Affairs, stated that the sentence of flogging had not been passed against the minor for being sexually abused by her stepfather, but rather for the consensual sex to which she had confessed to having to authorities.

“The purpose of penalties like these in Islamic Sharia is to maintain order in society and to save it from sinful acts. It is not at all an act of violence. We must turn a deaf ear to the international organisations which are calling to abolish these penalties, labeling them degrading and inhumane acts or torture,” read a statement from the party.

“If such sinful activities are to become this common, the society will break down and we may become deserving of divine wrath,” the Adhaalath Party stated.

Coalition potential

Of the parties yet to announce candidates to stand during the upcoming presidential elections, Dr Hassan Saeed, Leader of the government-aligned Dhivehi Qaumee Party (DQP) and People’s Alliance MP Ahmed Nazim were not responding to calls regarding President Waheed’s announcement today.

Earlier this month, the government-aligned Dhivehi Rayithunge Party (DRP) ruled out a coalition with the Progressive Party of Maldives (PPM) ahead of elections, despite being open to collaboration with other parties.

Both the PPM and DRP serve within President Waheed’s national unity government.

The DRP has also previously ruled out a collaboration with the opposition Maldivian Democratic Party (MDP).

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Nexbis not consulted over US border control deal

Malaysian mobile security firm Nexbis has said it has not been consulted or provided any details regarding a Memorandum of Understanding (MOU) signed Thursday (March 28) by the US government, to provide a border control system to the Maldives.

Representatives for the Malaysian company said it was uncertain what the MOU would mean for the group’s own border control technology that has been in use since September 2012, as part of a troubled concession agreement with the Maldives government.

Nexbis signed a “legally binding” deal in 2010 to provide a customised border control system under a ‘build, operate and transfer’ agreement to Maldivian authorities that still remains in use at present. The deal is presently the subject of legal wrangling over whether the Anti-Corruption Commission (ACC) has the power to demand termination of the contract. Parliament has also voted to cancel the system, but this is subject to a court injunction.

Earlier this week, Immigration Controller Dr Mohamed Ali said it was too early to tell if the new border controls being provided for free by the US would be a direct replacement for the system provided by Nexbis.

Lawyers representing the Malaysian firm have told Minivan News that official enquiries had now been sent to the Department of Immigration and Emigration and the Maldives Ministry of Defence, while attempts were also being made to contact the government over where their agreement now stood.

“We do remain confident that the Maldivian government will honour its obligations under the 2010 concession agreement,” read a statement from lawyers representing the company.

“We are confident also of the support we have received by the Immigration Department in implementing and fully operating the system, but remain cautious of individuals that continue to pose obstacles to prevent the success of this project is stemming the national security issues faced by the Maldives today.”

The border control system project contract was awarded to Nexbis for a period of 22 years by the previous government, however, parliament voted unanimously to terminate the agreement in December 2012 over allegations of “foul play”.

Nexbis has refuted allegations of corruption, later seeking a legal injunction in the country to prevent any cancellation of the agreement while court hearings over the contract were still ongoing.

Under the concession agreement, Nexbis’ lawyers said the company continues to work with the Maldives government and immigration department to personalise the system and its various components.  The company claimed the developments were a result of its own investment in the project, with the implementation taking place at no direct cost to the government.

Under the agreement, Nexbis agreed to levy a fee of US$2 from arriving and departing passengers in exchange for installing, maintaining and upgrading its immigration system, and a fee of US$15 for every work permit card issued.

Lawyers for the company added that it planned to continue working with state officials on developing the system going forward.

“There are more features and functionality of the system that will progressively be rolled out by the Department of Immigration for nationwide enforcement, foreign worker management and automation as well as further enhancements to security that will aid the government to address human trafficking issues and illegal foreign workers,” read a statement from Nexbis representatives.

US agreement

Defence Minister Mohamed Nazim and US Ambassador to Sri Lanka and the Maldives Michele J Sison signed an MOU that will see a US technical team coming to the country next month to begin work on planning and implementing a border system, according to local media.  The system is scheduled to be installed by June this year.

Defence Minister Nazim said during the signing that the system proposed under the MOU would be provided free of charge to the Maldives in a move he estimated would save the country MVR500 million (US$35 million), according to Sun Online.

Minivan News was awaiting a response from Nazim at time of press.

Local media reported that the border controls would be based around the US Personal Identification Secure Comparison and Evaluation System (PISCES).  The same technology is reported to be used not only at US airports, but in a number of other countries including Pakistan, Afghanistan, Iraq and Thailand.

Maldivian staff are also expected to receive training on using the biometric-based system, as well as assistance with any expansion to the system in future, Sun Online has reported.

Immigration sources had told Minivan News earlier this month that the country faced a potential return to “pen and paper” border controls should the government be made to cancel its agreement with Nexbis without an adequate replacement.

Nexbis has meanwhile refuted allegations of any corruption or wrong-doing in the awarding of the contract, and said it would not rule out criminal involvement behind attempts to “sabotage” the deal.

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Amputation for theft added to draft penal code

The draft penal code bill has been amended to include punishments as prescribed in the Quran, such as amputation for theft.

The new article added during a parliamentary committee meeting Thursday (March 28) states that if someone convicted of a crime requires legal punishment, as specified in the penal code, that person will face punishment as stated in the Quran.

MP Imthiyaz Fahmy clarified the amendment to the draft penal code is about hadd punishments only and “not at all” about all Sharia offences, speaking with Minivan News today.

“Hadd offenses are already crimes in the draft penal code. However the prescribed punishments in Sharia for those particular crimes are not codified in the draft penal code, but instead they are left up to the interpretation of Sharia,” stated Fahmy.

“But to completely evade making a reference to hadd punishments or to mention that no hadd punishment at all should be imposed is impossible to the the fact that Sharia shall be one of the basis of all the laws of the Maldives,” he added.

Criminal punishments are detailed for murder, fornication, thievery and drinking alcohol.

The committee’s chairperson, MP Ahmed Hamza, told Sun Online the new draft penal code will require amputating persons convicted of theft, while a person convicted of apostasy (renouncing Islam) will also face punishment.

The bill does not include apostasy as a crime, therefore someone found guilty of this offense cannot be subjected to Quranic punishment, committee member MP Ahmed Mohamed clarified.

Gambling is also not criminalised, according to committee member MP Abdul Azeez Jamaal Aboobakuru. He told local media that the bill does not “state a manner in which such crimes can be convicted”.

Fahmy explained that Sharia law does not prescribe a hadd punishment for gambling.

The penal code draft bill does include factors that must be considered before convicting a person of murder; for example, any contradictory evidence would prevent such a conviction.

Imposing the death penalty cannot be subject only to the confession of the accused.

“Sharia does not run headlong into death penalties, amputation or stoning to death. Therefore depending on the circumstances, Sharia may avoid capital punishments,” said Fahmy.

He further clarified that Sharia punishments may be interpreted according to any of the schools of Sunni Muslims.

While interpretation of Sharia law punishments are within the purview of Maldivian judges, Fahmy believes that the current judicial system is incapable of providing Maldivian people justice, even with the new penal code.

“I do not believe the judiciary and the criminal justice system in the Maldives is capable of doing justice or able to take care of the new penal code. The judiciary is unable to ‘keep up with the Jonses’,” Fahmy stated.

The parliamentary committee’s additions to the bill follow its rejection of all but one amendment suggested by the Fiqh Academy of the Maldives.

Speaking to local media on Monday (March 25), Hamza said the committee had decided to accept only a suggestion concerning the offence of theft. Other amendments, he said, were merely changes to the wordings of the bill and carried little legal weight.

“They have submitted amendments to abolish certain sections. These include certain legal defences. When we looked into removing those defences, we found this impacted fundamental principles embedded to the draft penal code. So we decided to reject their suggestions,” he stated.

Following the decision, Vice President of the Fiqh Academy Sheikh Iyas Abdul Latheef told local newspaper Haveeru that the academy had informed parliament that current draft penal code should not be enforced in the country.

“The current draft does not include the Hadds established under Islamic Sharia. There is no mention of the death penalty for murder, the punishment of stoning for fornication, the punishment of amputation for theft and the punishment for apostasy. We proposed amendments to include these punishments,” Latheef stated.

Comments submitted by the United Nation agencies in the Maldives, Human Rights Commission of the Maldives (HRCM), and Attorney General are being considered and incorporated into the draft text.

The initial draft of the penal code was prepared by legal expert Professor Paul H Robinson and the University of Pennsylvania Law School of the United States, upon the request of the Attorney General in January, 2006. The project was supported by the United Nations Development Program (UNDP).

Professor Robinson’s team have published two volumes (Volume 1 and Volume 2) consisting of commentaries on sections of the draft bill.

The bill was first sent to the Majlis (parliament) in 2006 and will replace the 1961 penal code.

The penal code bill is being forwarded to the parliament floor this upcoming week, according to local media.

False preaching regarding rape and fornication

The parliamentary committee slammed the “false preaching” of the Chair of Adhaalath Party’s Scholars Council Sheikh Ilyas Hussain over the bill earlier this week.

Sheikh Ilyas declared that the new penal code does not recognise fornication with mutual consent as an offence.

MP Nazim Rashaad contended that whether sheikh or not, nobody could misinterpret the clause and claim that the bill did not recognise “mutually consented sexual intercourse” as an offence, and accused the Sheikh of lying to discredit the bill and parliament.

Briefing committee members on the sections concerning sexual offenses, Rashaad stated that under the draft penal code, both fornication and rape are offences under section 411 of the draft bill.

The existing penal code does not explicitly recognise “rape” as a crime, and cases are handled under provisions for sexual offences.

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US invites Maldives delegation aboard USS John C Stennis aircraft carrier

Senior government officials were invited aboard a United States aircraft carrier on Wednesday (March 27) as it passed by the Maldives.

The visit was followed by the signing of a Memorandum of Understanding (MOU) between the Maldives and the US government on Thursday to install a free border control system in the country.

Tourism Minister Ahmed Adheeb, Defence Minister Mohamed Nazim, Home Minister Mohamed Jameel Ahmed, Police Commissioner Abdulla Riyaz and Vice President Mohamed Waheed Deen, were flown to the USS John C Stennis aircraft carrier as part of an arrangement between the US embassy and Maldives Defence Ministry.

The visit was documented by the ministers, who posted photographs on social media site Twitter.

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Women’s rights group protest against impunity of Civil Service Commission President following sexual harassment allegations

Local NGO Voice of Women (VoW) held a protest outside the Maldivian Civil Service Commission (CSC) on Friday (March 28) to oppose the return CSC President Mohamed Fahmy, after the Supreme Court dismissed parliamentary findings in a sexual harassment matter and permitted him to return to work.

Fahmy returned to work on March 17 following a Supreme Court ruling three days earlier, stating that Fahmy’s removal from his position by parliament was unconstitutional. According to the judgment, Fahmy was to be reinstated and compensated for lost wages since December 2012.

The 6-1 majority opinion of the Supreme Court bench held that Parliament’s Independent Institutions Committee violated due process and criminal justice procedures in its sexual harassment inquiry, and that Fahmy would receive two punishments for the same crime if he was convicted at court following his dismissal by parliament – double jeopardy).

The group of a dozen vocal protesters marched in the rain from parliament to the CSC, where they waited with placards for Fahmy to emerge. Some of these messages read: “sos save the csc from Fahmy,” “zero tolerance for sexual harassment,” “supreme court wake up,” “no more excuses, no more abuses,” “my body my rights,” “the workplace should be safe and free from oppression.”

VoW President Haifa Naeem explained to Minivan News that sexual harassment in the workplace is an endemic issue and that “victims are being re-victimised by the state”. VoW is urging parliament to fast track the sexual harassment bill.

“Once Fahmy’s integrity was lost, he should not be at the CSC. We are standing here with enough evidence that he has been sexually harassing people,” stated Naeem.

“Most women are afraid to come out because they are not protect by law or the state, but we are behind them,” she said.

VoW founding member Dr Abdul Malik echoed these sentiments.

“Systems are not in place to give necessary protection if women come out and voice these kinds of incidents,” Malik stated.

“We will back the victims to the extent civil society can, but its the responsibility of the state, judiciary and law makers who can do something, do more,” he added.

It is important to recognize what’s happening “all around” the government and throughout the nation, VoW Treasurer Aminath Saeed told Minivan News.

Re-victimisation

The CSC employee who filed the complaint against Fahmy, Shahuma ‘Shahu’ Haleem, spoke with Minivan News about her experience.

“He’s been doing this for quite some time now. This was the first thing I heard when I came to office, but I never thought he was ever going to touch me.

She explained that whenever she hears her friends talking about being sexually harassed she urges them to “speak up”.

“They are afraid of being fired, because he’s the ultimate boss [of the civil service]. Anyone cannot come out here today and do this. I can be fired and still survive, but not many people have that option,” Haleem stated.

Haleem explained that she filed complaints with parliament, the Human Rights Commission of the Maldives (HRCM), and the Ministry of Gender, Family and Human Rights. She claims the Gender Ministry did not even call her back.

The HRCM claimed that they had not received enough evidence to prove whether or not Fahmy had harassed the employee. In late November 2012, parliament dismissed Fahmy in a 38-32 vote after the Independent Institutions Committee investigated the complaint.

“Women are getting the wrong message, that some people are in fact untouchable,” stated Haleem.

“It’s been proven over again that he has lied and has in fact done it, but then the [Supreme] court rules in favor of him,” she added.

Government employee reactions

An long-term government employee in the crowd who asked not to be identified said workplace sexual harassment was a systemic problem throughout every government institution.

“That kind of harassment is totally accepted throughout our society. It has been tolerated for a long time and has become part of the Maldivian culture. People think that it is bound to happen when men and women are together,” she said.

“It’s because of the way women are perceived in society. We are see more as sexual objects, our productive role is less prominent, but our reproductive role is more [valued].

“Today’s protest is an important milestone because it has sparked debate. Even if you only see a few people here it speaks a lot for a country that has been suppressed for a long time. It is very brave for Shahu to bring this issue out into the open,” she added.

Other employees, both from the CSC and various government ministries, also spoke to Minivan News as they passed through the protest while leaving work.

Many said they do not know much about the issue, Fahmy or the allegations against him.

Others claimed sexual harassment “is a pretty big issue, but no one talks about it”.

A Ministry of Fisheries and Agriculture employee said he was aware of rumors that a lot of women faced sexual harassment and said he supported their cause.

“I also want women’s rights, but by protesting like this nothing will happen,” one woman declared.

A CSC employee told Minivan News that sexual harassment is a “problem” but said that “women are weak”.

“People don’t believe it is happening. They need to be more aware. Even in Shahu’s case most people didn’t find it a big deal,” another woman stated.

“People have to go to extreme lengths to show it’s actually sexual harassment,” she added.

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