Day: April 15, 2013

“Vast majority” of PPM members will remain loyal to former President Gayoom: MP Nihan

Progressive Party of Maldives (PPM) MP Ahmed Nihan has claimed the “vast majority” of supporters will remain loyal to the party despite uncertainty over the future allegiance of senior figures like Umar Naseer and Deputy Leader Ilham Ahmed.

MP Nihan told Minivan News today that should either Naseer or MP Ilham leave the PPM, most members would still remain loyal due to their support for former President Maumoon Abdul Gayoom and the principles under which he founded the government-aligned party.

The comments were made as the PPM’s internal disciplinary council yesterday concluded a hearing against Umar Naseer, who recently lost out on standing as the party’s presidential candidate during its primary.

He later alleged that his sole opponent in the contest, MP Abdulla Yameen; was backed by the Gayoom family and PPM parliamentary group, controlled all of the party’s organs, including the council and election committee, and had “rigged” the primary in his favour by ballot stuffing, falsifying the count and “pouring black money” to buy votes.

He further alleged that criminal gangs, convicts and drug smuggling “networks” were part of Yameen’s campaign team.

Yameen, who is also half brother of former President Gayoom, denied the accusations, while the PPM later asked Umar to apologise for his remarks or face disciplinary action.

Umar’s case was yesterday (April 14) sent to the PPM Council’s for a decision on whether he should face expulsion from the party after refusing to apologise to Yameen or defend himself at the subsequent disciplinary hearing.

Nihan added that the next council meeting concerning Umar’s position in the PPM was “expected shortly”, although no decision had yet been taken over whether he would be allowed to remain with the party.

Despite the party’s rhetoric, Umar was quoted in local media today as claiming he would reveal his future political plans at a rally scheduled for Friday (April 19).

“I will let my supporters know the path I have chosen,” he was quoted as telling Haveeru.

Meanwhile, Ilham Ahmed today announced his decision to resign his vice presidency role within the PPM, refusing to provide further details to local media at the time.

Loyalty

MP Nihan claimed that the resignation was not thought to be related to Umar Naseer’s disciplinary hearing yesterday.

He went on to state that Ilham had in the past been a strong supporter of Gayoom dating back to before the PPM was founded after a number of its MPs broke away from the Dhivehi Rayyithunge Party (DRP).

“He was elected with the blessing of Maumoon. Ilham has always played the political game well,” said Nihan.

Taking the example of other previous Gayoom supporters such as MP Ali Waheed – who eventually joined the opposition Maldivian Democratic Party (MDP) – Nihan alleged that some in the party believed Ilham had strong business links with presidential candidate and MP for the fellow government-aligned Jumhoree Party (JP), Gasim Ibrahim.

“We heard Ilham’s been connected with Gasim for sometime now,” he added.

Nihan said that both Ilham and Umar currently remained with the party and could play a significant role ahead of presidential elections scheduled for September.

However, Nihan said that should they both defect to other political parties, he did not expect more than several hundred PPM members to leave with them.

He added that even in the case of a possible defection from the two senior party members, both would also be limited in terms of viable political parties they could side with. Nihan also questioned the stability of forming political coalitions in the Maldives.

“The Maldives will not be stable under a coalition,” he said. “We also have to consider the international community in all this, such as the UK, and our neighbours in India and Sri Lanka, there is a big struggle at present.”

MP Ahmed was not responding to calls at time of press, while a spokesperson for Umar Naseer claimed he “did not give interviews to Minivan News.”

When contacted earlier today, the PPM office in Male’ said it did not “know anything” regarding Umar Naseer’s hearing.

“Unprecedented move”

Addressing developments within the PPM today, MDP MP and Spokesperson Hamid Abdul Ghafoor claimed that the government-aligned party had used the People’s Majlis to attack President Dr Mohamed Waheed in what he claimed was an “unprecedented” move.

Hamid argued that amidst speculation over the respective futures of Umar Naseer and Ilham Ahmed, the PPM was finding itself “alone” politically, while the president was by contrast expanding a coalition of parties ahead of September’s elections.

“Political entities – aside from MDP – are all remnants of the past. They are products of the past dictatorship, and they are now splintering. It’s a classic example of a dictatorship breaking up, fragmenting,” he claimed.

“It’s a [Gayoom] family thing being played out politically. His family is split in two between backing Waheed or the PPM and Gayoom is keeping both sides afloat, so he can play the game to the end and win.”

Parliamentary criticism

Meanwhile, Two PPM MPs publicly criticised President Waheed at today’s sitting of parliament, with MP Ali Arif slamming the country’s leader for “harassing” the legislature. He also accused President Waheed of discontinuing public services and development projects, while using state funds to finance his election campaign, according to local media.

PPM MP Shifag ‘Histo’ Mufeed, formerly of the MDP, alleged that the president was planning to use an expected MVR185 million (US$12 million) from raising the airport departure tax to US$30 for his presidential campaign.

“I think this is the biggest atrocity after the Nexbis atrocity,” Shifag said, referring to ongoing legal wrangling over an agreement to use a border control system provided by a Malaysia-based IT firm that was approved by the government.

The implementation of a similar Airport Development Charge (ADC) by Indian infrastructure group GMR was previously a major point of contention for senior figures in the Waheed administration, eventually paving the way for the US$511 million foreign investment project to be declared void by the government last year.

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Former President Nasheed reaches Copenhagen climate talks despite alleged obstruction

Former President Mohamed Nasheed was temporarily obstructed from traveling overseas yesterday (April 14) despite having High Court approval, the opposition Maldivian Democratic Party (MDP) has alleged.  Nasheed’s office has said this is the fourth time over the last 12 months that he has faced restrictions on his travel.

The High Court had granted Nasheed permission to travel abroad yesterday, while Maldivian authorities were informed of his planned departure to Copenhagen, Denmark, at 7:30pm in the evening, MDP MP and Spokesperson Hamid Abdul Ghafoor claimed today.

However, an hour before Nasheed’s scheduled departure – after he had arrived at Ibrahim Nasir International Airport (INIA) in Male’ –  his office said they were informed Nasheed could not leave the country.

The Department of Immigration and Emigration were then accused of preventing Nasheed from leaving the Maldives, claiming the High Court had not granted him permission to travel overseas before April 15.

After Nasheed’s flight departed, the Immigration Department then granted their official permission, Ghafoor said.

Nasheed then rescheduled his flight and departed the Maldives for Copenhagen at 11:40pm on April 14.

Ghafoor added that this was the fourth instance where Nasheed has been obstructed from traveling abroad on a scheduled international visit under the present government.

He explained that “everything was scheduled properly and there was no controversy from the High Court,” instead the issue lies with the Immigration Department.

“The Immigration Department will not stop trying to find any little administrative mistakes – and when they can’t, they invent something. They will most likely quote an administrative error on the part of Nasheed’s staff,” said Ghafoor.

“President Nasheed has not been shown the courtesy a former head of state deserves,” he added.

Nasheed’s spokesperson, Mariya Didi echoed these sentiments stating: “As a former President, it deeply concerning that the Maldivian authorities continue to withhold the constitutionally stipulated privileges accorded to President Nasheed.”

When asked about Nasheed’s travel arrangements, Immigration Controller Dr Mohamed Ali told Minivan News today to “ask the MDP about it,” adding he would not comment on any instance of the former president being obstructed from traveling overseas.

Climate change, economics, and democracy

While in Denmark, Nasheed has been invited to speak at the University of Copenhagen on the economics of climate change.

His office has said he will speak on outlining the dangers posed to the Maldives by climate change, and explain how the world can build a carbon neutral global economy by focusing on the opportunities provided by clean technology.

The investments for producing sustainable energy in the Maldives are now viable, Nasheed told local media prior to his departure yesterday.

Ghafoor said that Nasheed plans to speak at the Danish Parliament and meet with ministers during this “rushed but comprehensive trip”.

“He’s not a green man per se, but rather supports economics of the green movement,” he added.

Nasheed told local media that his parliamentary speech will highlight how the Maldives has deviated from democratic principles and the efforts necessary to put the country “back on track to democratic governance”.

Nasheed is scheduled to return April 18.

Previous travel bans

Earlier this year,the Hulhumale’ Magistrate Court denied former Nasheed’s request to travel abroad for a family wedding from March 27 to March 31.

Meanwhile, Nasheed’s request to travel overseas between February 27 to March 5 was denied by the Hulhumale’ Magistrate Court because “he had not cooperated with the court on previous instances”. The trip had been scheduled after Nasheed received an invitation from the Commonwealth Secretary General Kamalesh Sharma, and to Denmark under an invitation from the state.

Nasheed was also prevented from leaving the country December 21, 2012 to visit his ill father in Bangkok, Thailand due to a “technical problem,” the Department of Immigration and Emigration has claimed.

Earlier in 2012, the Hulhumale’ Magistrate Court imposed an internal travel ban “confining Nasheed Male’,” which he said will hinder his political campaigning and wider party work.

Copenhagen climate justice advocacy

Nasheed galvanised thousands of environmentalists at a 350.org rally in Copenhagen December 2009, vowing to persevere until a politically binding climate change treaty was attained.

The Danish Prime Minister called Nasheed “the real hero of Copenhagen” following a marathon 30 hour negotiation session to reach an agreement during the 2009 UN Framework Convention on Climate Change (UNFCCC) talks.

The agreed-upon accord recognises that global temperatures should rise no higher than two degrees Celcius above pre-industrial levels, but does not commit developed countries to legally-binding emission reduction targets.

Current carbon-neutral commitments

The current government of President Mohamed Waheed Hassan Manik has said it is committed to pursuing carbon neutral ambitions, despite last year’s political tensions reportedly affecting investment potential for such schemes.

Environment Minister Dr Mariyam Shakeela said last year that some of the programs presently being undertaken by her ministry had started seven years previously – before Former President Mohamed Nasheed came to power – and were being adhered to on the grounds they would benefit the nation.

“We are continuing with the carbon neutrality program,” she said at the time. “ We are giving it our best shot.”

Since early 2012, the Maldivian government has overseen the initial stages of a few new renewable energy projects to achieve this goal.

The Maldives’ State Electric Company Limited (STELCO) announced in March 2013 plans to implement a 50 megawatt floating solar panel project to power the country’s capital Male’ and provide renewable energy for 28 islands with rooftop installations.

The Ministry of Environment in conjunction with the Ministry of Finance issued a prequalification application in January 2013 for the “Solar Maldives Programme.” The project aims to “design, build, finance, own, operate and transfer grid-tied solar photovoltaic systems for integration with diesel generators on 15 islands” in the south, north, and upper north provinces.

The government has also received bids to install a 300 kW grid connected solar PV system on Thinadhoo Island, the regional capital of Gaaf Dhaal (Huvadhoo) Atoll. This is part of the “Clean Energy for Climate Mitigation (CECM) Project” financed by the Climate Change Trust Fund (CCTF) – a collaboration between the Maldivian government, World Bank, European Union (EU) and the Australian Agency for International Development (AusAID).

“The system is expected to meet 30 percent of the peak day time demand of electricity and will offset approximately 300 tons of carbon dioxide annually,” the Ministry of Environment previously claimed.

The Waheed administration has also announced its intention to move ahead with plans to transform the Maldives into a biosphere reserve through the designation of zones across the country that would earmark land use for specific purposes such as tourism development or conservation.

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Speaker Shahid resigns from DRP, “one can read between the lines,” claims MDP

Speaker of Parliament Abdulla Shahid has today confirmed his resignation from the government-aligned Dhivehi Rayyithunge Party (DRP) amid rumours of his defection to the opposition Maldivian Democratic Party (MDP).

“As of today I have resigned from DRP. I shall continue to avail every opportunity to serve our nation and its people,” Shahid tweeted today.

However, Shahid declined to comment on speculation that he would be defecting to the MDP.

“I have left DRP as I’ve announced via Twitter.  Other than that, I have no comment today,” he said via SMS.

DRP Spokesperson Zeena Zahir confirmed to local media today that Shahid’s resignation letter was submitted to the party’s office.

Speaking at a rally in Addu City last night, MDP MP Ali Waheed claimed that Shahid would move to the former ruling party.

Meanwhile, MDP Spokesperson MP Hamid Abdul Gafoor told Minivan News that, “Shahid resigned from DRP and he has not denied a possible switch to MDP, but he has not announced such a switch officially either.”

“It is speculated and he has assisted us [the MDP] a lot, but I can’t say for sure because we are very hands off. It is his decision to make,” Hamid added.

“A meeting between Shahid and MDP may occur April 19 but it’s not confirmed,” he said. “Although everyone is being very coy, one can read between the lines.”

Local media reported recently that three other DRP MPs – MP Mohamed ‘Colonel’ Nasheed, MP Ali Azim and MP Hassan Adil – were also preparing to join the opposition.

The supposed reason for their defection, as reported in local media, was a clash among the party’s MPs.

Media reports also speculated that Shahid’s resignation and the possible defections of MPs resulted from the fallout of  a clash within the DRP parliamentary group over its wavering stand on no-confidence motions against Home Minister Dr Mohamed Jameel Ahmed.

A source in the MDP alleged to Minivan News that DRP Leader MP Ahmed Thasmeen Ali brokered a “last minute deal” with the government in exchange for DRP MPs abstaining in the no-confidence votes.

Newspaper Haveeru meanwhile reported today that Shahid signed for MDP yesterday (April 14) and that an official announcement would be made at a rally planned for the weekend.

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GMR-Maldives arbitration to begin mid 2014: Attorney General’s Office

The Attorney General’s (AG’s) Office has confirmed that an arbitration case concerning the government’s decision to void its concession agreement with Indian Infrastructure giant GMR will begin by the middle of next year.

Deputy Solicitor General Ahmed Usham today told Minivan News that both parties had agreed to commence proceedings by the middle of 2014 and were now waiting on arbitrators to confirm the exact schedule for when their respective cases would be presented.

The initial agreement was reached after representatives for the state and GMR met in London, England on April 10 for a preliminary procedural meeting.  A timetable was agreed upon for holding hearings over the cancellation of a US$511 million contract to develop and manage a new terminal at Ibrahim Nasir International Airport (INIA).

Usham said that the hearing in London last week had been focused solely on establishing a timetable for when arbitration will begin proper in Singapore.

“It is quite straight forward in these procedural hearings.  We discussed the schedule for hearings, such as when cases would be presented, as well as when parties can reply and make counter claims,” he said. “These arbitrators are quite busy, so it can be difficult to manage time in their schedules.”

The AG’s Office has previously claimed that the Maldives will be represented by Singapore National University Professor M Sonaraja, while former Chief Justice of the UK, Lord Nicholas Addison Phillips, will represent GMR.

The arbitrator mutually agreed by both GMR and the government is retired senior UK Judge, Lord Leonard Hubert Hoffman.

Concession agreement

In 2010, GMR-Malaysia Airports Holdings Berhad (MAHB) consortium, the government of former President Mohamed Nasheed and Maldives Airport Company Limited (MACL) entered into a 25-year concession agreement worth US$511 million (MVR 7.787 billion). The agreement charged the GMR-MAHB Consortium with the management and upgrading of INIA within the 25 year contract period.

However, in November 2012, the government of President Dr Mohamed Waheed Hassan Manik declared the developer’s concession agreement void and ordered it to leave the country within seven days.

A last minute injunction from the Singapore High Court during arbitration proceedings was overturned on December 6, after Singapore’s Chief Justice Sundaresh Menon declared that “the Maldives government has the power to do what it wants, including expropriating the airport.”

GMR is seeking US$800 million in compensation for the sudden termination, while the Maldivian government is contending that it owes nothing as the contract was void ab initio – meaning the contract was invalid from the outset.

Should the argument of void ab initio fail, the government has claimed the second legal grounds on which it would argue in favour of termination of the contract would be that the contract had been ‘frustrated’.

‘Frustration of a contract’ is an English contract law doctrine which acts as a device to set aside contracts where an unforeseen event either renders contractual obligations impossible, or radically changes the party’s principle purpose for entering into the contract.

“The government has given a seven day notice to GMR to leave the airport. The agreement states that GMR should be given a 30 day notice but the government believes that since the contract is void, it need not be followed,” said then Attorney General Azima Shukoor.

The awarding of the bid in 2010 was overseen by the World Bank’s International Finance Corporation (IFC), which the Waheed government has accused of being “negligent” and “irresponsible”.

Should the matter be decided in the government’s favour, uncertainty remains as to the potential impact on foreign investor sentiment given the prospect of sudden asset seizure under the ‘void ab initio’ precedent.

If decided in GMR’s favour, the outcome of the case could potentially see the Maldives facing sovereign bankruptcy, with millions of dollars in additional debt emptying the state’s already dwindling reserves, crippling the country’s ability to obtain further credit, and potentially sparking an economic or currency crisis.

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MDP withdraws no-confidence motions against ministers

The opposition Maldivian Democratic Party (MDP) has withdrawn no-confidence motions in parliament against Home Minister Dr Mohamed Jameel Ahmed and Defence Minister Colonel (Retired) Mohamed Nazim as well as a motion to remove MP Gasim Ibrahim from the Judicial Service Commission (JSC).

The parliament secretariat released a statement yesterday (April 14) confirming the move, explaining that MPs had the discretion under parliamentary rules to remove no-confidence motions before they are put to a vote.

Speaking to press before departing for Denmark last night, former President Mohamed Nasheed said the MDP parliamentary group made the decision in the interest of averting political turmoil and ensuring calm and order in parliament ahead of the presidential election on September 7.

The MDP presidential candidate added that the party would “always consider public interest”.

MP Ibrahim Mohamed Solih, parliamentary group leader of MDP, told local media that the decision was made to avoid strife caused by the dispute among MPs over secret voting.

Voting on the no-confidence motions tabled for the parliament sitting on April 8 was postponed after MDP MPs insisted on conducting voting through secret ballot.

With 29 MPs out of the 77 in parliament, the formerly ruling MDP needed the support of at least 10 MPs to pass the no-confidence motions.

At last week’s sitting, MDP MPs claimed that the government-aligned Dhivehi Rayyithunge Party (DRP) agreed to vote in favour of the motions before reversing the decision at the eleventh hour.

MPs of the government-aligned Jumhooree Party (JP) and DRP had voted in favour of secret ballot for no-confidence votes in December 2012.

However, on March 16, the Supreme Court struck down as unconstitutional the amendment to parliamentary rules stipulating that no-confidence motions must be conducted through secret ballot.

In its judgment (Dhivehi) on the constitutionality of secret ballots for no-confidence votes, the Supreme Court majority opinion contended that the rule contravened article 85 of the constitution as well as parliamentary principles and norms of free and democratic societies.

The Supreme Court also ruled in March that parliament’s removal of Civil Service Commission (CSC) Chair Mohamed Fahmy Hassan was unconstitutional.

Both rulings were criticised at the time by opposition, government-aligned and independent MPs as an unconstitutional “challenge to the separation of powers.”

On March 19, parliament’s Independent Institutions Committee voted to seek a replacement for Fahmy at the CSC despite the Supreme Court judgment reversing his dismissal.

“The committee decided today that he [Fahmy] should go and we should continue looking for another person. Effectively we are ignoring the Supreme Court’s decision. The MDP will continue to raise this issue in parliament, it is a policy and it is legally non-negotiable. We cannot compromise on that,” MDP MP Hamid Abdul Gafoor told Minivan News at the time.

The committee’s decision has since been approved at the parliament floor, passing with 42 votes in favour during last Wednesday’s (April 10) sitting.

Supremacy

On the following day, the Supreme Court released a press statement declaring that judgments, orders and rulings of the apex court with their attendent legal ramifications must be accepted “without further debate or interpretation.”

The Supreme Court called on all persons and institutions subject to the Maldivian constitution to comply with and respect its decisions.

The statement referred to article 145(c) of the constitution, which states, “the Supreme Court shall be the final authority on the interpretation of the Constitution, the law, or any other matter dealt with by a court of law.”

The press release also noted that article 141(b) establishes the Supreme Court as “the highest authority for the administration of justice in the Maldives.”

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Small and Medium Enterprises Bill ratified by president

The Small and Medium Enterprises Bill was ratified by President Dr Mohamed Waheed yesterday (April 14) after being approved by parliament last month.

The bill, now published in the Government Gazette, outlines policies targeted at developing small, medium and micro-scale businesses in the country.

According to the President’s Office website, the bill includes numerous measures such as, outlining how to promote and develop small to medium size business.  Methods for monitoring and evaluating the effectiveness of government policies to support small and medium business are also included.

Other key considerations in the bill include supporting the sector to become sufficiently “innovative” and broad, while also ensure long-term national and international competitiveness.

The bill also calls for the establishment of a government-backed centralised registration system for companies, according to the President’s Office.

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Military consolidation expected to dominate Defence Minister Nazim’s India visit

Defence Minister Mohamed Nazim is expected to commence talks today with his Indian counterpart on strengthening military ties between the two nations.  The talks will be the most senior meeting of ministers between the two countries since reports of bilateral tensions earlier this year, according to the Times of India.

As part of his visit to India, Nazim is expected to meet with Indian Defence Minister Shri A K Anthony to discuss establishing further defence collaboration, as well as the possibility of extending Indian coastal radar systems across the Maldives.

Nazim’s visit comes after Defence Minister Anthony travelled to the Maldives last year to open the ‘SenaHiya’ Military Hospital in Male’, where he spoke of expanding cooperation on naval security and preventing drug trafficking.

The ceremony in September 2012, was held at a time when international media was playing up a perceived strengthening of relations between the Maldives and China, drawing attention to the potential geopolitical implications for neighbouring India.

According to the Times of India, Nazim is the first senior government minister to visit the India since the country was accused of becoming embroiled in the Maldives’ domestic politics earlier this year.

Both Nazim and President’s Office Media Secretary Masood Imad were not responding to calls from Minivan News as time of press.

Reported tensions

Back in February, Maldives political figures from several government-aligned parties criticised the Indian High Commission after former President Nasheed was allowed to seek refuge on its premises from police seeking to present him to the Hulhumale’ Magistrate Court.

Nasheed remained in the high commission’s chancery building on Sosun Magu in Male’ for 11 consecutive days, maintaining that charges against him for detaining a chief Criminal Court Judge were a politically motivated attempt to prevent him from contesting in presidential elections scheduled for this year.

Indian officials at the time rejected accusations of taking sides in the country’s domestic affairs, maintaining that India only favoured “inclusive elections”.

After Nasheed was allowed into the building, Home Minister Dr Mohamed Jameel implied through social media that India was meddling in the Maldives’ internal affairs, stating at the time: “What’s happening now gives us an indication of the extent and level of interest some countries prepared to take in our internal matters”.

“I would strongly urge everyone to let our institutions deal with the challenges, allow Maldives to uphold rule of law,” he tweeted.

Just a month before Nasheed went into the high commission building, Maldivian authorities denied that the country’s foreign minister had been snubbed by the Indian government after it rejected an official request to meet.

The reported snub came as Maldivian local media were issued a list of 11 grievances from the Indian High Commission concerning the treatment of Indian nationals in the country.

“Unshakable” relationship

However, the new Indian High Commissioner to the Maldives Rajeev Shahare last week emphasised the “unshakable” long-standing relationship between between both countries during a meeting with local media (April 10).

Shahare at the time stressed there had been no change in the relationship between the Maldives and India, despite media reports of increased tension between both nations.

“In any relationship there are highs and lows, but the relationship carries on its course normally,” he said.  “Engagement between the Maldives and India has been constant. We are pretty much on course.”

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