PPM threatens to leave govt coalition if Tourism Minister Adheeb is dismissed

The Progressive Party of Maldives (PPM) has threatened to leave the government coalition if Tourism Minister Ahmed Adheeb is sacked from the cabinet by President Dr Mohamed Waheed.

According to local media reports, PPM MP Abdul Raheem Abdulla alleged at a press conference today that the resignation of State Minister for Tourism Mariyam Mizna Shareef – daughter of Dhivehi Rayyithunge Party (DRP) Spokesperson Ibrahim Shareef – was part of “a scheme” by the DRP and President Waheed to dismiss Adheeb.

Mizna resigned citing the “unacceptable” manner that the ministry was run by Adheeb, who was elected deputy leader of the PPM earlier this year.

MP Abdul Raheem Abdulla claimed that Mizna’s allegations would be used as a pretext to remove Adheeb.

“If Adheeb is dismissed, it is very likely that a proposal would be made to the PPM council to decide whether to remain in the government coalition,” he was quoted as saying in newspaper Haveeru.

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Immigration Department dismisses reports of expat system “flaw”, won’t rule out abuse by employers

Immigration officials have dismissed reports of a “flaw” in the country’s online expatriate registration system despite expressing concerns the system may be open to abuse by registered companies.

A department spokesperson confirmed this week that although new online registration introduced to try and streamline providing work visas to foreigners was not itself flawed, the system was nonetheless open to abuse from employers who allowed others to access their password-protected accounts.

The Department of Immigration and Emigration has also confirmed it has faced challenges in verifying whether construction projects were real or a front to smuggle foreign labour into the country, but told Minivan News it expects to resolve the issue from next month.

The comments were made after local newspaper Haveeru last week reported that a “serious issue” had been identified within the expatriate registration system installed by the National Centre for Information Technology (NCIT) that had allowed a steep rise in the number of foreign workers coming to the Maldives in May 2013.

Citing an anonymous immigration source, the paper reported that 4,000 expatriate workers had entered the country last month due to certain recruitment agencies abusing a “critical flaw” in the system.  According to the report, the flaw allowed recruiters to obtain an extra quota of foreign workers in order to profit from their transfer into the Maldives.

The NCIT, which was charged with installing the component of the monitoring system, this week rejected suggestions that such a flaw existed in the program in a joint statement (Dhivehi) issued with the Department of Immigration and Emigration.

The expatriate quota system had been assigned through procedures set out by the Immigration Department to the NCIT, the statement read.

Once a quota is obtained, the NCIT stated that an expatriate would only be granted entry into the country upon providing a photograph, their passport bio page and other official documents required by immigration officials that are required to be entered into the system.

“Therefore, we can confirm that 4000 expatriates have not entered the country unknown,” the statement added.

The NCIT’s dismissal of the media report’s comes as the Maldives faces increasing pressure to tackle the issue of unregistered expatriates, with the country appearing on the US State Department’s Tier Two Watch List for Human Trafficking.  The country has appeared on the list for three years in a row.

Employer responsibility

Although claiming no technical flaw had been found by authorities within the expat system, immigration spokesperson Ibrahim Ashraf told Minivan News that registered employers had a responsibility to prevent abuse of their company accounts.

Ashraf said all companies employing foreigners had to be registered on the expatriate registration system through official documents like a business registration certificate and a valid national ID.

If approved, he said the employer was then assigned through the online account a maximum quota of foreign workers depending on the size of their business or the specific project they were working on.  These accounts are protected with a password.

Ashraf said there were suspicions in the Immigration Department that some employers may have provided access to their unique account to employees, who were in turn bringing in foreign workers under the company’s name – and while personally profiting from trafficking them into the country.

He compared the practice to a member of the public giving their ATM bank card and pin number to another individual, then trusting them not to draw money out from their account.

“People that are being trusted to use [the expat online system] may be doing wrong. I think this is what has been happening. Management maybe putting too much trust in other people to use this system,” Ashraf claimed.

“Systematic abuse”

Immigration Controller Dr Mohamed Ali has previously told Minivan News that while almost all foreign workers coming to the Maldives arrive under registered companies, some were finding themselves “illegally used” by employers due to “systematic abuse” of the visa system.

Foreign low-wage workers are often lured to the country by agents after paying a ‘recruitment’ fee or entering into debt – sometimes as high as several thousand dollars – that is shared between local agents and recruiters in the country of origin, most significantly Bangladesh.

In many cases the workers are then brought into the country ‘legitimately’ by a specially-created paper company, created using the ID of a complicit or unwitting Maldivian national, for the stated purpose of working on a ‘construction project’ of dubious existence.

Senior immigration sources confided to Minivan News in April this year that almost no human verification was undertaken by authorities to ensure workers were genuinely employed once a business or construction project was approved.

Ashraf this week confirmed that there had been “issues” in inspecting construction sites across both the country’s inhabited and resort islands due to a shortage of staff.

However, he claimed that by July 31, 2013, the Immigration Department was to begin inspecting construction and other projects requiring foreign labour with the assistance of local councils and key industry associations.

These groups are expected to include the Maldives Association of Tourism Industry (MATI) and the Maldives Association of Construction Industry (MACI), according to the Immigration Department.

Ashraf added that the government had recently approved the hiring of an additional 30 staff for the department in order to help oversee what is expected to be a comprehensive audit of the visa system.  Officials would then move to penalise any abuse of the system by local employers.

Unregistered workforce

The exact scale of the Maldives’ unregistered foreign workforce remains unknown, with estimates ranging from between around 40,000 people to potentially double that amount.

Earlier this year, former MACI President Mohamed Ali Janah said an estimated 40 percent of the foreign employees in the construction sector were thought not to be legally registered.

Considering these numbers, Janah said at the time that he could not rule out the involvement of organised crime in certain employment agencies, which supply a large amount of foreign labour to building sites in the Maldives.

Janah claimed that 95 percent of construction groups operating in the country were Maldivian owned. However, as the country’s second largest industry on a GDP basis, the vast majority of employees in the sector were migrant workers, he said.

“We employ a huge workforce of some 60,000 to 70,000 people,” he explained at the time. “Of these people, sadly we have 40,000 to 50,000 who are expatriates.

By April of this year, Immigration Controller Dr Mohamed Ali confirmed that authorities had targeted the return of 10,000 unregistered workers by the end of the 2013.

The pledge to return a predetermined number of expatriates was criticised at the time by the Human Rights Commission of Maldives (HRCM), which raised concerns that some workers were potentially being punished for the actions of employers or agents acting outside the law.

While the government earlier this year launched a special campaign intended to raising awareness of the rights of foreign workers, NGOs and independent institutions continue to identify human trafficking as a significant issue needing to be addressed in the country.

Human rights groups in the Maldives have for instance continued to criticise both the present and former governments for failing to pass legislation that would allow authorities to press charges against individuals directly for the offence of human trafficking.  The legal measures to do so are presently under review in parliament.

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PIC requests punishment of officers for unlawful arrest of Thulhaadhoo Council president

The Police Integrity Commission (PIC) has recommended the Home Ministry take action against police officers involved in the arrest of Thulhaadhoo Island Council President Ahmed Rasheed earlier this year, according to media reports.

On January 26, 2013, police arrested Rasheed on charges of creating unrest while participating in a protest against Adhaalath Party Leader Sheikh Imran Abdulla when he arrived on Thulhaadhoo.

Along with Rasheed and island council member Ziyau Rasheed Ibraim, 11 people were arrested over their alleged involvement in confrontations on the island.

The PIC’s recommendation was made after investigating a complaint filed by Rasheed contending that his arrest had been unlawful.

Rasheed claimed in the complaint that he was arrested in his home after the protest was over by police officers with their faces covered.

Channel News Maldives reported at the time that clashes had occurred between supporters of the the opposition Maldivian Democratic Party (MDP) and the government-aligned Adhaalath Party during Sheikh Imran’s visit.

The councilors were released the next day after being taken to court for extension of the period of their detention.

Concluding its investigation into Rasheed’s arrest this week, the PIC’s report stated that the police officers had arrested and handcuffed Rasheed in violation of arrest procedures.

The PIC report explained that officers were required to follow regulations specifying the procedure for handcuffing a suspect during an arrest.

In reference to other claims made by Rasheed that police used inappropriate language when they communicated with him, the PIC said that the investigation team was unable to prove whether or not allegations were true.

A police spokesperson today told Minivan News that no instructions had been received from the Home Ministry on the PIC’s recommendations concerning the case at time of press.

“The PIC procedure is they send these recommendations directly to the Home Ministry, and the ministry will then forward the case and have us take action against officers. The Home Ministry may also take action,’’ he said.

PIC Director General Fathimath Sareera Ali Shareef was not responding to calls from Minivan News at time of press.

Earlier this week, Assistant Commissioner of Police Ali Rasheed revealed that the police disciplinary committee had decided not to take any action against five police officers facing criminal prosecution over police brutality against MDP demonstrators on February 8, 2012.

The decision was made despite a recommendation from the PIC to the home ministry to take administrative action against the six police officers accused of brutality.

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High Court Chief Judge files lawsuit against JSC for second time

High Court Chief Judge Ahmed Shareef has filed a lawsuit at the Civil Court for a second time against the Judicial Services Commission (JSC), challenging his indefinite suspension by the judicial watchdog.

Shareef’s lawyer Husnu Suood – a former Attorney General under the administration of former President Mohamed Nasheed – told local media that the second case was filed this week with the same request to issue an injunction halting Shareef’s suspension.

On Monday (June 17), the previous case submitted by Shareef was dismissed by Civil Court Judge Hathif Hilmy after the claimant did not attend a hearing scheduled for that day and failed to provide the court with a valid reason for his absence.

Speaking to Minivan News today, Husnu Suood said that Shareef’s lawyers were unable to attend the hearing scheduled due to a mistake made by his office staff.

“We filed the same lawsuit the same day the [first] case was dismissed,” he said.

Suood said that lawyers would argue that the JSC did not follow due process in suspending Shareef.

“They have a procedure of establishing a committee to investigate cases and then the committee will recommend the action to be taken after investigating the case,” he explained.

“We don’t know if Shareef’s case was tabled or not,” he added.

Suood also referred to the issue of Civil Service Commission (CSC) Chair Mohamed Fahmy Hassan’s contested legal status and his attendance at the JSC meeting where the decision to suspend Shareef was made.

Suood questioned the legitimacy of a decision made in a meeting held with an “illegitimate” member.

Judge Ahmed Shareef was suspended on the same day that the High Court cancelled a hearing of a case involving former President Nasheed.

The hearing was scheduled to decide on procedural issues raised by the JSC contending that the High Court did not have the jurisdiction to hear the case, which involved the legitimacy of a panel of judges appointed by the commission to preside over the former president’s trial at the Hulhumale’ Magistrate Court.

Shortly after the cancellation, the JSC declared that the commission had indefinitely suspended Shareef.

He was the presiding judge in former President Nasheed’s case against the JSC.

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Minister of state for tourism resigns, cites “unacceptable” conduct of Minister Adheeb

Mariyam Mizna Shareef resigned from her position as Minister of State for Tourism, Arts and Culture yesterday (June 19), stating on social media that she had quit over unspecified “differences” with Tourism Minister Ahmed Adheeb

Taking to micro-blogging site Twitter after announcing her resignation yesterday (June 19), Mizna wrote that she had found the manner in which he ran the ministry to be “unacceptable”.

Speaking to Minivan News today, Mizna declined to comment on the post, adding that she wished to keep a low-profile and stay out of the political arena.

News of Mizna’s resignation came following the President’s Office announcement earlier the same day that it had dismissed Deputy Tourism Minister Mohamed Maleeh Jamal and Minister of State for Economic Development Abdulla Ameen from their posts at the behest of their former party.

Maleeh alleged yesterday that could see no other reason for their dismissals beyond the decision of both Ameen and himself not to back President Dr Mohamed Waheed’s election campaign.

Both men have pledged to back the government-aligned Progressive Party of Maldives (PPM) presidential candidate MP Abdullah Yameen during September’s election.

Mizna today confirmed that her resignation as state minister had not been related to the dismissals of Maleeh and Ameen, though she did not elaborate further.

Posting on Twitter following her resignation, Mizna claimed that she had tried to enact change within the ministry during her time in the post, but claimed “things [were] going from bad to worse” despite her attempts.

“Only way is to remove Adheeb,” she concluded.

Mizna’s comments on Twitter prompted a flurry of activity on the social networking site, including one post from an account claiming to be that of a PPM Council Member.

Mizna meanwhile accused Adheeb of being “busy giving away lagoons, sandbanks and uninhabited islands.”

Mizna Shareef’s Twitter profile could not be viewed as of this afternoon.

Ministry response

Minister Adheeb was not responding to calls from Minivan News at time of press today.

Adheeb told newspaper Haveeru that his “only crime was being the PPM deputy leader.”

“I have become the target of everyone. It has become their purpose to slaughter me politically. But if there’s a corruption issue involving me shouldn’t they go to the Anti-Corruption Commission or a Majlis committee? But [instead] certain individuals are trying to bring me into disrepute. I regret the corruption allegations made about me. But I will not budge. I won’t budge for a government post,” he was quoted as saying.

Tourism Ministry spokesperson Hassan Zameel told Minivan News that Mizna had not raised any official concerns with the ministry relating to allegations of misconduct against Minister Adheeb.

“She may have discussed these matters with the minister or her colleagues, but we have not received an official complaint,” he said. “The ministry can only recognize complaints if someone has put these concerns to us officially in written form.”

Zameel added that yesterday’s resignation of former State Minister Mizna and the dismissal of former Deputy Minister Maleeh would have no significant impact on the day-to-day running of the ministry.

He added that the ministry would continue to operate with the minister and state minister making political decisions, while civil servants would continue to oversee the rest of the authority’s work.

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Comment: Gayoom and his legacy – the major obstacle to consolidating Maldives democracy

This article was first published on Dhivehi Sitee. Republished with permission.

The Maldives’ first multi-party presidential elections of 2008 ended Gayoom’s thirty year dictatorship and adopted democratic rule.

But, like many other nascent democracies, the threat exists that Maldives may not be able to sustain its democracy in its fullest sense.

This is especially true after the coup orchestrated by the Maldivian security forces that ousted the first democratically elected President in February 2012. Added to this is the political activeness of dictator Gayoom, which in itself tends to heighten the prospect of Maldives falling back to a dictatorship.

As we head to the second democratic election in Maldives history, I want to ask: will a popular election alone help foster democracy in Maldives? Moreover, how could we prevent a full-blown authoritarian reversal with power back in the hands of Gayoom?

Gayoom’s continuing influence over Maldivian politics cannot be denied. This is not a unique experience for nascent democracies.

Research has established that legacies of authoritarianism from which democracies emerge put more direct pressure on democracies than cultural and economic factors[i].

This kind of pressure from Gayoom’s legacy the on Maldives’ efforts towards democratic transition has manifested itself in different ways. Take, for instance, the country’s political institutions.

During three years of democracy, attempts by Nasheed’s government to implement reforms needed for the consolidation of democracy were met with ever increasing obstructions from Gayoom loyalists within various institutions.

Firstly, the effort to create an independent judiciary (without which a modern democracy cannot function) has been entirely undermined by judges loyal to Gayoom. The Supreme Court bench itself is composed mostly of Gayoom loyalists who share his political ideologies.

It makes sense to me now that, when Majlis voted on President Nasheed’s nominations, DRP opposed most of them. Having been in a position to observe the negotiations closely, I myself believe that Nasheed’s nominations, opposed by DRP, comprised less biased, more suitable candidates.

At the time, DRP was Gayoom’s party with a majority in Parliament. DRP MPs made a habit of rejecting Nasheed’s nominations and proposing a list of their own instead. They pushed hard to sit certain individuals—like self-declared Chief Justice Abdulla Saeed, a known Gayoom-affiliate—on the bench.

With the country facing a Constitutional void, President Nasheed compromised and nominated the current bench for Parliament approval.

Aishath Velezenee, a former Member of the Judicial Services Commission has provided a detailed account of how the process for appointing Supreme Court Judges took place.

The simple truth that we all know is, Supreme Court decisions have in one way or the other, benefited Gayoom and his allies. Is it a coincidence there is yet to be a Supreme Court decision that went against Gayoom or his allies?

Gayoom loyalists are similarly entrenched within the security services. Their loyalty to the dear leader had a major role to play in their mutiny against Nasheed on February 7, facilitating as it did the controversial transfer of power later that day.

Gayoom has denied widely circulated reports he was directing the night’s events from Malaysia. It cannot be denied, however, that he gave a phone interview to opposition-controlled media, indirectly encouraging the mutinying police.

It is no coincidence that after the coup, the head of security services are all pro-Gayoom loyalists. Now we have a Police Commissioner who served as the Deputy Commissioner in Gayoom’s regime, a regime well known for police brutality and torture.

The defence minister is a retired Colonel who also served under Gayoom. Furthermore, a reflection on the events in February 8 last year also shows that our security forces still continue Gayoom’s legacies.

Police brutality towards peaceful protesters, a defining characteristic of Gayoom’s regime, returned to the streets of Male’ with a vengeance, less than 24 hours after Nasheed’s government was brought to an end. It wasn’t hard to feel as if we had regressed, before 2008, before democracy.

Independent institutions play a vital role in consolidation of a democracy. Unfortunately for the Maldives, Gayoom loyalists are firmly embedded within, and often dominate, institutions like the Human Rights Commission, Police Integrity Commission and Civil Service Commission.

Most individuals comprising these commissions served in Gayoom’s government and still maintain close ties with him. This is hardly surprising given that just as with the nomination of Supreme Court justices, here too it was a DRP-majority Majlis that confirmed or rejected nominees to commissions.

The loyalty of some independent commissions to Gayoom was indeed evident from their actions following the police brutality on February 8. Neither the Human Rights Commission, nor the Policy Integrity Commission took any firm actions against the misconducts from the security forces.

Gayoom’s current party, the PPM, is so determined to retain these loyalists within the independent commissions that it is prepared to disregard even findings of serious misconduct against such individuals. The ongoing saga of Civil Service Commission (CSC) Chair Mohamed Fahmy is a case in point.

Parliament’s Independent Institutions Committee found in favour of a female staff member who accused Fahmy of sexual harassment and voted to remove him from the post. PPM members fought hard, but in vain, to save Fahmy. The Supreme Court was then asked to rule on whether the parliament’s decision was constitutional. Not surprisingly, the Supreme Court ruled in Fahmy’s favour.

Gayoom’s dictatorial legacy, entrenched deep within our political system is the main obstacle to the consolidation of democracy in the Maldives. The 75 year-old leader’s revived political activeness is further strengthening this obstacle. Reforms to the judiciary, independent institutions and security forces are essential if we are to consolidate and sustain democracy.

[i] See for example, Shin, Doh Chull (1994), ‘On the third wave of democratization: A synthesis and evaluation of recent theory and research’, World Politics, 47 (1), 135-70.

Ahmed Hamdhan is a third-year Bachelor of Arts (Policy Studies and Political Science) and a student at the Australian National University.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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