Day: April 9, 2013

Tourism boycott would be “setback for economic rights of women” says President, as Avaaz petition reaches two million

President Dr Mohamed Waheed has issued a statement warning that calls for a boycott on tourism over the flogging sentence for a 15 year-old rape victim “will only serve as a setback to the economic opportunities and rights we are all striving to uphold for women, girls and the hardworking Maldivian people in general.”

The President’s statement comes as an Avaaz.org petition calling for a moratorium on flogging and better laws to protect women and girls in the Maldives reached more than two million signatures – more than twice the number of tourists who visit the country each year.

In a letter published on Minivan News on Saturday, Avaaz.org Executive Director Ricken Patel insisted that the organisation had not called for a outright tourism boycott.

“What we do stand ready to do, however, is to inform tourists about what action is and isn’t being taken by the Maldives government to resolve this issue and change the law, and to identify those MPs and resort owners who are using their influence to push for positive change – and those who are not,” Patel said.

“Around the world people are interested (and have a right to know) what kind of systems they’re supporting with their tourism dollars, and to make their holiday decisions accordingly,” he added.

President Waheed meanwhile thanked the international community “for their concern” in the case, noting that Attorney General Azima Shukoor had met the girl “and she is receiving the appropriate physical and psychological counseling.”

“This case should never have been presented in the courts and we are working to ensure that cases like this are never brought to the courts again,” President Waheed said.

“We appreciate the international compassion for this young woman and ask for your patience as this case moves through the judicial system. As both the President and as a father, I am fully committed to protecting and advancing the rights of women and girls in the Maldives and throughout the world and share your deep concern about this young victim,” he said.

“The Maldives is a young democracy working to balance our religious faith with our new democratic values. I ask that you support us and join us as partners as we work through this challenge.”

President Waheed’s Gaumee Ithihaad Party (GIP) has meanwhile declared itself in coalition with the religious conservative Adhaalath Party (AP), which has publicly endorsed the 15 year-old’s flogging sentence, stating that she “deserves the punishment” as outlined under Islamic Sharia.

The Adhaalath 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 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 recent 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.

A previous call for a moratorium on the flogging of women for the crime of extramarital sex was raised by UN Human Rights Commissioner Navi Pillay during an address to parliament in 2011.

Following her address, demonstrators gathered outside the UN building holding placards calling for Pillay to be “arrested”, “flogged” and “slain”.

Pillay’s statement was publicly condemned by the Progressive Party of the Maldives (PPM), Islamic Ministry, MPs and religious NGOs, while the Adhaalath Party called on then President Mohamed Nasheed to condemn Pillay’s statements “at least to show to the people that there is no irreligious agenda of President Nasheed and senior government officials behind this.”

“What’s there to discuss about flogging? There is nothing to debate about in a matter clearly stated in the religion of Islam. No one can argue with God,” said Foreign Minister Ahmed Naseem at the time.

More recently, a  report on extremism in the Maldives published in US West Point military academy’s Combating Terrorism Center (CTC) Sentinel has warned that growing religious extremism and political uncertainty in the country risk negatively affecting the country’s tourism industry.

“Despite its reputation as an idyllic paradise popular among Western tourists, political and religious developments in the Maldives should be monitored closely,” the report concluded.

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Maldives Media Council submitting case against President’s Office “to create a free media”

The Maldives Media Council (MMC) has voted to submit a case against the President’s Office to “create a free media” in light of the discriminatory treatment of Raajje TV.

The President’s Office is violating equal rights by not inviting the opposition-aligned TV station Raajje TV to events and has not been adhering to the MMC’s requests that it give equal opportunities to all media, the MMC Secretariat told Minivan News (April 9).

The case will be submitted to the Prosecutor General’s (PG) office April 10.

“MMC members have voted to submit the case. Members have a strong feeling that it is a necessary step to take in order to create a free media in the Maldives,” said the MMC Secretariat.

The MMC has been very active the past two months trying to solve these problems and is now sending the case to the PG, Raajje TV Deputy Chief Executive Officer Abdulla Yamin told Minivan News.

The President’s Office has not been inviting Raajje TV to press conferences, has denied reporters entry press events in the President’s Office, and has not sent the channel any government press statements, Yamin claimed.

The President’s Office also asked government ministries and state-owned companies not to give information to Raajje TV and for these companies to stop providing private sponsorship to the media outlet.

Yamin said that they had observed this treatment was particular only to their channel.

“The President’s Office said they have not invited us because it is their privilege to decide whether to invite Raajje TV or not,” said Yamin.

“We are talking about rights granted in the constitution, not a privilege. There must be a situation [in the Maldives] where independent media can run.

“Article 28 of the constitution guarantees the right to freedom of the press and article 29 assures the right to freedom of information,” Yamin declared.

Yamin explained that the MCC had acted as a mediator to try and resolve the lack of cooperation shown by the President’s Office to Raajje TV.

“The President’s Office said if we do certain things they will cooperate. However, then the President’s Office is forcing their influence on our editorial policy,” said Yamin.

“We are not going to negotiate our constitutionally guaranteed right to information,” he added.

Ongoing government discrimination

Raajje TV filed a case against the President’s Office in the Civil Court in September 2012, complaining that the station had been boycotted from official events. Yamin expects the civil court to issue their verdict later this week.

Raajje TV also submitted a case to the parliamentary committee on government accountability regarding the president’s office discriminating against the media outlet. Parliament invited the president’s office to attend the committee twice, but never received a response, according to Yamin.

Additionally, Raajje TV lodged a complaint against the Maldives Broadcasting Commission (MBC) with the Anti Corruption Commission (ACC), alleging it was “using its power to give benefits” to other TV channels by providing them funding.

The Maldives Broadcasting Commission (MBC) was contacted by the ACC regarding the matter, but did not respond, according to Yamin.

“The MBC have not done anything regarding our right to information. They should be working on these issues to make sure rights are assured,” said Yamin.

Minister of Home Affairs Mohamed Jameel Ahmed previously named Raajje TV as an “enemy of state” in a press conference held in July, the same day on which the Maldives Police Services publicly stated its refusal to provide cooperation or protection to the channel.

Raajje TV also filed a case against the Maldives Police Services in September 2012 over their decision to deny cooperation or protection to the channel. In February 2013, the Civil Court ruled that the decision by the Maldives Police Service to cease cooperating with Raajje TV was unconstitutional.

Dismissing the police argument that it had the sole discretion to decide who to invite to press conferences and functions, the court stated that the action more resembled a deliberate attempt to limit the constitutional rights of freedom of expression, freedom of media and the right to information.

Raajje TV believes this verdict will apply to the President’s Office as well.

“If the court is fair and balanced a similar verdict will come. I believe the court won’t be that corrupt because the constitution and laws are clear. It’s written in black and white,” Yamin said.

Raajje TV is one of the five private broadcasters in the country and is the only television station aligned with the opposition Maldivian Democratic Party (MDP). The TV station has come under substantial pressure and criticism from groups including the government and political parties aligned with it.

RaajjeTV has been the subject of continuous verbal attacks by the state following the transfer of power in February.

In early August 2012, Raajje TV’s control room was sabotaged by intruders.

Press freedom organisation Reporters Without Borders at the time condemned this attack, stating “This targeted and well-prepared operation was the foreseeable culmination of the new government’s escalating verbal attacks on Raajje TV. How the authorities respond will be seen as a test of their commitment to media pluralism.”

The President’s Office Media Secretary Masood Imad and the Maldives Broadcasting Commission were not responding to calls at time of press.

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Nasheed predicts first round win with 57 percent of popular vote

Former President Mohamed Nasheed has publicly predicted that the Maldivian Democratic Party (MDP) will win the presidential elections on September 7 with 57 percent of the popular vote – six percent more than the required 51 percent to secure election victory without a run-off election.

In 2008, Nasheed was sworn in as the fourth president of the country after a run-off election against his predecessor Maumoon Abdul Gayoom, who had been in power for 30 years and was Asia’s longest serving leader at the time.

Nasheed’s predictions of securing a first round election victory were dismissed as “meaningless political rhetoric” by the government-aligned Dhivehi Rayithunge Party (DRP).

DRP Deputy Leader Ibrahim Shareef told Minivan News he did not believe there was a single party in the country capable of securing an outright win in September.  He suggested that neither former President Nasheed or Maumoon Abdul Gayoom could achieve more than a 25 per cent  share of the total vote with their respective parties.

Shareef added that despite recent comments by Nasheed, the former president was aware of the “ground realities” of the country’s politics.

“The Maldives is a very small country.  We have seen that since the introduction of political parties, the whole population is more fragmented and polarised,” he said.  “We are in a transitional stage right now where independent institutions are weak and political parties are often poorly organised.”

Shareef contended that there was seemingly very little difference in terms of belief or ideology between political parties.

“All parties have similar views, the only difference is that they seek to be the governing party,” he added.

Considering the share of national vote secured by Nasheed in the first round of the 2008 Presidential election, which eventually led to a run-off where he secured his presidency through a coalition, Shareef said he believed very little had changed in regards to his popularity nationally.

He claimed therefore that even considering the superior funding available to the Nasheed-led Maldivian Democratic Party (MDP) and the Gayoom-founded PPM, no candidate could secure more than a 25 percent vote.

PPM MP and spokesperson Ahmed Mahloof was not responding to calls at time of press.

Run-off victory

During the first round of the elections no candidate out of the six, including Nasheed and Gayoom, were able to secure the required 51 percent. President Gayoom came closest to the mark with 40.34 percent of the vote while Nasheed trailed in the second position with 24.91 percent of the popular vote, resulting in a run-off election.

However Nasheed, backed by the remaining candidates with the exception of Umar Naseer who later went on to become a strong Gayoom supporter – won the election in the second round beating Gayoom with 53.65 percent to 45.32 percent of the popular vote.

Nasheed, who resigned under controversial circumstances on February 7, 2012, made his prediction during a campaign rally on Hithadhoo in Laamu Atoll, during which he declared that the Elections Commission should not worry about the possibility of a run-off election.

“We will not need to go for a second round. Tune onto your radios, subscribe for cable TV and pay your cable bills, for this picture by the will of God, is being witnessed throughout the country. Hithadhoo island, Laamu Atoll and the whole country including its atolls, islands and the capital Male’ are calling for us, the MDP. They want our policies to be implemented,” he claimed.

“Candidate number one, Mohamed Nasheed of Galolhu ward Keneryge will win this election with 121,000 votes in the first round,” Nasheed declared.

Nasheed also repeated his call that no party should intend to join forces with his party if their motive for such an alignment involved a desire for wealth and political influence.

During a previous rally, Nasheed claimed that leaders of many political parties had learned “bitter lessons” over the inability to run a government by sharing cabinet positions among different parties over the last four years.

“A cabinet in which one minister belongs to this party and another belongs to that party, cannot run a government,” Nasheed claimed.

During the Laamu Atoll rally on Monday, Nasheed argued that the world was moving towards two major political ideologies and questioned the need for 13 political parties in the Maldives.

Referring to Aasandha – the Nasheed government’s universal health insurance scheme that was established in a public-private partnership with Allied Insurance – the former president claimed his the scheme had ensured social protection and the general well being of the people, despite several challenges and hardships faced during its implementation.

He warned that should the scheme collapse, the country would return to a tradition where ordinary people were required to beg at the knees of a handful of “elites” in the country.

Following controversial succession of power after Nasheed, current President Mohamed Waheed Hassan’s administration claimed the Aasandha scheme is no longer financially tenable due to unsustainable demand with the scheme’s current rate of expenditure threatened to reach Rf1 billion (US$64.8 million) on an approved budget of Rf720 million (US$46.6 million).

The incoming Chairman of the National Social Protection Agency (NSPA) and State Minister of Home Affairs Thoriq Ali Luthfee at the time claimed that the Aasandha scheme “cannot continue to operate without interventions to control the demand” alleging that the scheme was introduced “for political motives” without any proper planning.

Nasheed had at the time condemned the move citing and dismissed the government’s claim of lack of funds for Aasandha as “unacceptable.”

“More than Rf 150 million (US$10 million) has been spent on police promotions. Another Rf 150 million (US$10 million) has been spent giving MNDF [Maldives National Defense Force] officers two years of allowances in a lump sum. Another Rf 50 million (US$3.3 million) has been spent repairing the damage to police headquarters. It was the police officers who staged the coup who vandalised the place and threw chairs and computers from the building’s windows. When this money has been wasted, we cannot accept it when they say there is no money for Aasandha,” Nasheed said at the time.

The question of Nasheed’s ability to contest in the presidential elections still remains unanswered. The Prosecutor General has charged him under section 81 of the Penal Code with the offence of arresting an innocent person for his controversial detention of Chief Judge of Criminal Court during the last days of his presidency – if convicted, he could be barred from contesting the election.

The trial is currently suspended following an appeal by Nasheed’s legal team contesting the legitimacy of Judicial Service Commission (JSC)’s appointment of the panel of judges to preside on the hearing.

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Court commences police chief’s ‘baaghee’ defamation case against former president

The Civil Court yesterday ( April 8 ) began hearing statements in a defamation case filed by Police Commissioner Abdulla Riyaz against former President Mohamed Nasheed.

Riyaz is seeking MVR3.75 million (US$243,506) in damages from Nasheed, who is accused of labelling the commissioner a ‘baaghee’ (traitor) following the controversial transfer of power on February 7, 2012, which saw sections of the police and military mutiny against the former government.

Nasheed is accused of continuing to call the commissioner a ‘baaghee’ even after a Commonwealth-backed Commission of National Inquiry (CNI) later concluded the government of President Dr Mohamed Waheed came to power constitutionally.

A Civil Court spokesperson confirmed to Minivan News that lawyers representing both Riyaz and Nasheed were present yesterday during the first of five hearings anticipated to determine the charges against the former president.

During the hearing, the presiding judge asked the defence to answer the allegations against Nasheed. The next hearing of the case is expected to allow Nadheed’s representatives to present a statement in his defence, according to a spokesperson for the Civil Court.

No date was set for the next hearing, the court claimed.

Riyaz’s defamation case had been scheduled to begin last year, but was later postponed upon request of the commissioner himself.

MDP MP and lawyer Mariya Ahmed Didi said the party has previously issued a statement following the postponement of the hearings, claiming that Nasheed was “anxious to proceed with the case”.

Mariya alleged that Commissioner Riyaz was hesitant to proceed with the defamation case for fear that he would not be able to prove that his standing in society or his wider reputation had suffered as a result of the former president’s comments.

“There are hundreds of witnesses just waiting to give their evidence in court. In addition, senior police and Maldives National Defence Force (MNDF) officers including [former] commissioner of Police Faseeh and Defence Force chief Moosa Jaleel have testified to the relevant committee of parliament that the events of February 7 and February 8 were indeed a coup,” she claimed. “We are confident that if we get a free and fair trial we will get a judgement in our favour.”

“Undermining” commisioner’s esteem

Riyaz’s lawyers have previously accused Nasheed of undermining the esteem and respect of the police commissioner by labelling him as a “traitor.”

The legal team also argued at the time that Nasheed’s words had compromised the safety of Riyaz, requiring security at his residence to be strengthened.

Commissioner Riyaz and Police Spokesperson Chief Inspetor Hassan Haneef were not responding to calls at time of press.

Meanwhile, MVR3.75 million in damages are being sought from Nasheed by serving Defence Minister Mohamed Nazim, who has also accused the former president of damaging his reputation by labelling a traitor during a public address last year.

Newspaper ‘Haveeru’ reported at the time that following a speech by Nasheed attacking the defence minister, a group of protesters came outside Nazim’s house, “leaving Nazim’s family in fear”.

Former Youth Minister Dr Hassan Latheef, who defended Nasheed at a Civil Court hearing held in October 2012, told the presiding judge at the time that the former president denied the charges against him.

Nasheed’s legal team has previously contended that Riyaz had filed the defamation case in the civil court at a time when the police were continuously arresting people for calling them ‘baaghee’ on the streets. The same representatives also accused the country’s criminal court of continuing to provide extensions of detention periods for people arrested under the charges.

Further charges

Nasheed is also currently in the process of being tried on charges that  he illegally detained a senior judge during the end of his presidency.

However, all trials concerning the judge’s detention were suspended earlier this month pending a High Court ruling on the legitimacy of the bench of the Hulhumale’ Magistrate Court conducting Nasheed’s case.

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Former President Gayoom warns against divisions within PPM

Former President Maumoon Abdul Gayoom has called for supporters of the Progressive Party of Maldives (PPM) to unite behind presidential candidate Abdulla Yameen, claiming there was no room for division among its members.

Gayoom’s comments were published in local media yesterday (April 8 ) after he officially presented the PPM presidential ticket to his half-brother Yameen.

Yameen last month secured his spot in presidential elections scheduled for September this year, winning  the PPM primary with 63 percent of the vote in a two-way contest against the party’s Deputy Leader Umar Naseer.

Following the primary, Naseer alleged that the PPM primary had been rigged in favour of Yameen. Naseer’s comments, as well as a subsequent refusal to retract them, have since resulted in the PPM’s disciplinary committee accepting a case against him.

“United and resolute”

However, speaking yesterday at a function to unveil Yameen as the PPM’s presidential candidate, former President Gayoom called for any rifts in the party to cease.

“We have to stand united and resolute on that belief. Now is the time for all of us to express one thought. Speak in one voice. Stand firm on one objective. There is no room for division among us after the presidential ticket has been presented,” Gayoom was quoted as saying in local newspaper Haveeru.

“In this party there should not be people who only support Maumoon or Yameen or anyone else. Everyone must be PPM members. Members must be sincere to this party,” Gayoom said.

After losing the PPM Primary, Umar Naseer held a rally and declared that despite admitting defeat, the party’s internal election had involved discrepancies including the influencing of voters, vote buying and intimidation of his supporters.

He also alleged that many of his supporters were denied the right to vote, claiming that their names had not been on the lists.

“Former President Maumoon Abdul Gayoom’s children were with Yameen, the largest gangsters in the country were with Yameen, all the drug cartels in the country were with Yameen, the most corrupted people were with Yameen, the whole elections committee was with Yameen and a large chunk of PPM’s parliament members gathered around Yameen.

“We came out knowing that the referee, the linesman and even the match commissioner along with his 11 players were playing on his side. Our team had the poor and the middle class players,” Naseer said at the rally.

“We even witnessed that those who are heavily involved in drug trafficking were present at the polling station wearing Yameen’s campaign caps,” he said. “Not only did they exert undue influence, they travelled to islands with stashes of black money and attempted to turn the votes. In fact they even did turn some votes.”

In September 2010, Umar Naseer was the Deputy Leader of Dhivehi Rayyiithunge Party (DRP), the DRP Council in a meeting decided to file a case against Umar at the Disciplinary Committee for forging a press release and for causing division in the party.

Later in December 2010, Umar Naseer was dismissed from the party – an incident that eventually led to a splintering of the DRP into a new party under Gayoom, the PPM.

PPM MPs Ahmed Mahloof and Ilham Ahmed were not responding to calls at time of press.

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State Finance Minister requests Supreme Court review legitimacy of 11 opposition MPs

State Finance Minister Abbas Adil Riza has asked the Supreme Court to determine the legitimacy of 11 opposition Maldivian Democratic Party (MDP) MPs he alleges are in breach of the constitution.

Citing clause 74 of the constitution, Abbas told Minivan News he had filed a case invoking the Supreme Court’s authority to decide on the legitimacy of the opposition MPs, claiming that there was evidence to support allegations they had breached it.

The nature of the 11 MP’s alleged offences remain unknown, with Abbas declining to detail the exact charges at time of press.

The MDP today said that it had not been informed of the case against the MPs, but stressed concern over what it called the “fundamental problems” with the independence of the country’s courts and legal watchdog, the Judicial Services Commission (JSC).

A number of international institutions including the UN Special Rapporteur on the Independence of Judges and Judiciary, Gabriela Knaul, and the UK’s Bar Human Rights Commission, have recently expressed concern about the politicisation of the JSC and the legitimacy of the Hulhumale’ Magistrate Court it created to overhear a trial against former President Mohamed Nasheed.

Knaul herself also concluded as part of preliminary findings from an eight day fact-finding mission to the country this year that the judiciary has been “misconstrued and misinterpreted” by all actors including the courts themselves.

Judicial legitimacy

However, Abbas said he “did not regard” claims by UN Special Special Rapporteur Knaul or the MDP on the judiciary as legitimate, rejecting allegations of political bias in the country’s courts.

“Whenever the MDP has a trial go in their favour, the judiciary is legitimate. For rulings against them, it is bad,” he said. “Here in the Maldives, the constitution is our rule book.”

Abbas, who is also a spokesperson for President Dr Mohamed Waheed’s Gaumee Ithihaad Party (GIP), added that as there was “clear evidence” the 11 MDP MPs mentioned in the case had breached the constitution, the Supreme Court was duty bound to investigate.

However, he said that the names and alleged misdemeanors of the 11 MPs would only be revealed during the course of the case.

According to Abbas, the case was hugely important for the country owing to a lack of “moral guidelines” outlining behaviour of MPs.

MDP response

MDP MP and Spokesperson Hamid Abdul Ghafoor said he had not been informed of the case filed by Abbas at time of press, but guessed that those targeted would be MDP members who presently had cases filed against them either in the country’s courts or with the Maldives Police Service.

“Police right now have cases against against a third of the MDP’s MPs,” he said. “Eleven sounds like the number of MPs who have been charged for taking part in protests and things like that.”

Hamid added that the party was particularly concerned about the case concerning “fundamental problems” it held with the country’s judiciary – pointing specifically at the JSC’s failure to follow article 285 of the constitution regarding the reappointment and vetting of judges appointed by former President Gayoom. He added that the party was also concerned about the JSC’s composition and conduct.

Hamid added that as a member of parliament’s Independent Oversight Committee charged with investigating the nation’s judiciary, there would be a further conflict of interest should he himself be among the 11 MPs charged.

Hamid was arrested in November last year during a special operations carried out by police on the island of Hodaidhoo in Haa Dhaal Atoll.

Police at the time said they found large amounts of “suspected” drugs and alcohol upon searching the island with a court warrant.

Also among those arrested during the raid was MP Adbulla Jabir, formerly of the JP, who has since rejoined the MDP.

No confidence motion

Earlier on Monday, a no-confidence vote was suspended against Jumhoree Party (JP) MP and resort tycoon Gasim Ibrahim’s position on the Judicial Services Commission (JSC).

MP Gasim is to stand as a direct rival against former President Mohamed Nasheed in elections scheduled for later this year

The JSC itself appointed three judges to oversee the trial of former President Mohamed Nasheed on charges that he illegally detained a senior judge during his presidency. All trials over the judge’s detention were suspended earlier this month pending a High Court ruling on the legitimacy of the bench of the Hulhumale’ Magistrate Court conducting Nasheed’s trial.

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