Month: June 2013

MPs vote against transferring immigration department under defence ministry

MPs today voted 27-23 against approving President Dr Mohamed Waheed’s decision to transfer the department of immigration and emigration under the defence ministry.

During the debate on the request by the President’s Office to endorse the changes to the defence ministry’s mandate, MP Mohamed Rasheed of the opposition Maldivian Democratic Party (MDP) proposed a motion against approving the changes.

The motion was carried with 27 votes in favour, 23 against and one abstention.

MDP MPs contended that the transfer of the immigration department in December 2012 contravened the constitution. The department was functioning under the home ministry at the time.

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Maldives forms environment police as civil society criticises lack of enforcement, legislation

The Maldives Police Service (MPS) and the Ministry of Environment and Energy have announced the formation of a new unit that will assign 22 trained officers to deal with ecological violations across the country.

The Environmental Police Unit, formed through a Memorandum of Understanding (MOU) signed on June 6, will aim to investigate and punish violations of laws relating to biodiversity and littering, the Environment Ministry claimed in an email to Minivan News.

Formation of the new unit comes as NGOs and not for profit groups have raised individual concerns over a perceived lack of enforcement or a clear legal framework to uphold environmental protection efforts across the country.

These ongoing concerns over enforcement are said to already directly impact both the country’s fledgling national parks and marine reserves, as well as on individual inhabited islands.

Enforcement

According to the Environment Ministry, officers from the new police unit will be required to assist the state in enforcing national regulations such as in providing sports fines related to vehicular emissions or cases of illegal sand-mining, or dealing with poaching of protected species in the country.

Police will also be required to share details of environmental crimes to the ministry, which did not share any further information on the specific offences that police will asked to focus on at time of press.

Under the MOU, the Environment Ministry will be required to give technical advice on the formation of the environment unit, including training for 22 officers in dealing with environmental crime.

The ministry is also called on to host workshops and awareness events for various agencies within the police force, as well as for customs officials, port authorities and the coast guard.

Environment authorities are also required through the MOU to provide all necessary information on laws and regulations, as well as other treaties and agreements signed by the Maldives as part of the country’s wider sustainability aims.

Stakeholder concerns

Numerous stakeholders in Maldives’ environment sector have meanwhile this week told Minivan News that a perceived lack enforcement as well as concise national legislation has in recent years held back ecological protection efforts.

For Ali Rilwan, Executive Director for local NGO BluePeace, a lack of enforcement of the country’s environmental regulations was believed to be the most pertinent long-standing issue setting back conservation and protection efforts at present.

Rilwan claimed that a lack of national mechanisms to report and enforce environmental crimes continued to hamper state initiatives to curb practices such as harvesting of turtles eggs and the export of shark.

In the case of national parks and biospheres, Rilwan alleged that a lack of enforcement was a particular problem for any conservation attempts.

He claimed that without such regulation, marine reserves and other conservation zones currently established in the country were operating more as “paper parks” than designated protected areas.

According to Rilwan, the lack of a nationwide enforcement mechanism to protect environmental laws was presently most apparent in smaller islands where police presence was often limited, making it difficult to report suspected offences.

“The police are supposed to have already been enforcing laws and regulations for environmental protection. But enforcement is something that we have not seen attempted,” he said.

Rilwan added that with the Environment Ministry not having representation within island councils, monitoring potential abuses of environmental law on more than 1,000 islands across the country would limit the effectiveness.

“There are local councils who can focus on the issue, but in the case of any criminal acts, councillors themselves would not be able to investigate or penalise any perpetrators contravening environmental law,” he said.

Rilwan added that with the training of environmental police in the country, he believed there could be an opportunity for effective enforcement going forward.

However, Mohamed Hameed, Promoter of the Edu Faru Marine National Park project in Noonu Atoll, has said he believes the Maldives main challenge regarding ecological protection was the continued lack of a holistic legal framework to protect the environment.

“The Maldives at present is an example of a very sensitive environment. You can get police to check on it, but you need a legal framework to protect these places,” he said. “At present, this legislative framework is lacking.”

Despite successive government in the Maldives playing up sustainability as a key part of their national development plans, Hameed said that current legislation on the environment was presently “all over the place” with various laws overlapping ad contradicting each other in some cases.

Taking successful international examples of marine reserves such as Australia’s Great Barrier Reef or the Kosterhavet National Park in Sweden, he claimed that both parks were protected within the respective legal frameworks of both nations.

Without similar amendments being considered in the Maldives, Hameed said that it would be very difficult to ensure projects like the Edu Faru MNP were properly protected.

He claimed from his own experience of trying to establish the country’s first MNP, a process said to have taken over two decades, efforts to set up an environmental not for profit organisation had been complicated by the fragmented legislative framework presently used in the country.

Hameed claimed that despite both President Dr Mohamed Waheed and former President Mohamed Nasheed supporting the MNP’s formation, he was still waiting for official paperwork and all the agreed lands to be handed over to him so work could fully begin on the site.

The MNP, which was established through a Memorandum of Understanding (MOU) with the Environment Ministry back in 2011, is designed to protect nine islets by keeping them in a “pristine” state and undeveloped for future research.

Reserve focus

National parks and reserves are expected to become an increasingly important part of the Maldives conservation efforts on the back of a pledge by the current government to make the country the world’s largest marine reserve by 2017.

The government has is committed 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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NGO to launch 2013 Ramazan Collection for Children’s Shelters from June 16

Local NGO Advocating the Rights of Children (ARC) is set to launch its latest annual Ramazan Collection for Children’s Shelters later this month, requesting donations of food, sports equipment, toiletries and clothing from the public.

Starting from June 16, the organisation is requesting gift donations for 90 children aged between 0 and 18 years of age, who presently live in the shelters of Kudakudhinge Hiya, Amaan Hiya (Villimale’) and the Education and Training Centre for Children (Maafushi).

ARC has said it will be accepting donations at its Male’ office on Alikilegefaanu Magu from Sunday up to July 4, 2013 . Donations will be accepted during this period from 3:00pm to 6:00pm Sunday to Thursdays, and 2:00pm to 6:00pm on Saturdays.

The NGO has said that it would gratefully accept food and toiletries as well as new or gently used arts supplies and stationery, toys and sports equipment, as well as clothing and prayer items.

“Thanks to the community’s generosity, ARC’s previous collections were a great success and the children look forward to it every year,” the NGO said in a statement. “No act of kindness, no matter how small, is ever wasted, and your gifts given in the spirit of Ramazan will bring much joy to the children.”

Further information on the Ramazan collection is available online through ARC’s website, or by calling the NGO on 784 0360 during collection hours.

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MMA issues warning over counterfeit currency

The Maldives Monetary Authority (MMA) has warned the public to be vigilant over the circulation of counterfeit MVR 100 and MVR 500 notes.

The notes in question are said to be of inferior quality to the genuine currency, notably in terms of the paper on which they are printed, according to a statement (Dhivehi) issued by the financial body.

Members of the public who have acquired any suspicious notes are requested to bring them to the MMA to ensure they are authentic.

An official helpline, which can be reached by dialling 333 1793, has also been established for anyone with concerns over the counterfeit notes.

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Government halts transfer of airport operations to MIAL, pending arbitration

The government has declared that the Maldives Airports Company Limited (MACL) will continue operating Ibrahim Nasir International Airport (INIA), apparently abandoning efforts to transfer operations to the newly-created Male’ International Airport Limited (MIAL).

The President’s Office said in a brief statement today that while the government had intended MIAL to take over the airport’s operation, the decision to abandon the attempt “was was made as the termination of the contract between the government of Maldives and GMR [is] currently in the arbitration stage.”

The decision follows an increasingly fractious series of emails between MACL and Axis Bank, one of the lenders to the GMR-MAHB airport consortium which had its concession agreement to upgrade and operate the airport summarily terminated by the new administration in December 2012.

While the sudden termination of the agreement is the subject of current arbitration proceedings in Singapore, Axis Bank separately called in US$160 million worth of loans for the project which had been guaranteed by the Maldivian Finance Ministry at the time the deal was signed.

With arbitration ongoing, Axis Bank expressed concern that the creation of MIAL was an attempt to dissipate MACL’s assets ahead of a verdict and turn it into a shell company, and sought a guarantee from the government. That correspondence led to an exchange of heated letters from Singapore-based law firms representing both sides, particularly after Finance Minister Abdulla Jihad appeared to contradict earlier assurances from MACL by informing local media the transfer was expected to be completed by July 1.

MIAL’s appointed CEO Bandhu Saleem however told Minivan News at the time that “until the arbitration is complete, I think it will be very difficult to start a new company.”

Saleem is now to be appointed managing director of MACL, reported Sun Online citing a government official, with MIAL to be abolished ahead of a final decision on the matter.

Uncertainty

National political turbulence and uncertainty over the MACL-MIAL transfer in May led the global body representing the world’s airports, Airports Council International (ACI), to caution its members over the government’s potential “sale of equity in this entity to another airport operator.”

“ACI members are advised to conduct due diligence while considering any investment in the Maldives, considering the latest developments, uncertainty of outcome of elections, the legal and financial risks of the current arbitration and the nascent legal framework,” the email stated, warning potential investors that “any leadership changes arising out of the elections [could] have a material impact of the future of the Male’ airport and the decision of expropriation.”

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DRP leader Thasmeen unveiled as President Waheed’s election running mate

Leader of the government-aligned Dhivehi Rayyithunge Party (DRP) Ahmed Thasmeen Ali, has been unveiled as President Dr Mohamed Waheed’s running mate for September’s election.

Thasmeen’s appointment was confirmed by DRP Parliamentary Group Leader Dr Abdulla Mausoom, who claimed the move would allow the president to provide a viable alternative to the country’s two largest political parties.

The announcement was  welcomed by one electoral rival in the form of the DRP’s government coalition partner, the Progressive Party of Maldives (PPM), which labelled Thasmeen as “the weakest link” among all the current candidates standing in September.

The DRP last month announced that it would be joining the religious conservative Adhaalath Party and the Dhivehi Qaumee Party (DQP) in a coalition backing President Waheed and his Gaumee Ithihaad Party (GIP) in the upcoming election. The Adhaalath Party was reported in local media today as giving its full support to the partnership of President Waheed and MP Thasmeen.

Dr Mausoom said that this coalition, under the banner, ‘forward with the nation’, still remained open for other parties to join ahead of September’s vote despite today’s decision.

At present, Dr Waheed and Thasmeen will be standing against PPM presidential candidate MP Abdullah Yameen and his running mate, former Home Minister Dr Mohamed Jameel Ahmed – who was dismissed from the current government last month after announcing his decision to stand with the party.

Former President Mohamed Nasheed will also be standing for election as candidate for the opposition Maldivian Democratic Party (MDP), but has yet to unveil his running mate. Nasheed resigned from office in February 2012 under controversial circumstances following a mutiny by sections of the police and military.

Meanwhile, the government-aligned Jumhoree Party (JP) has previously said it was undecided over whether to join President Waheed’s coalition, while expecting to nominate a presidential candidate at its national conference later this month.

The JP is headed by MP and local business tycoon Gasim Ibrahim.

“Natural reaction”

Considering the rival candidates expected to stand during September’s presidential election, DRP MP Dr Mausoom said the ‘forward with the nation’ coalition has been formed as a “natural reaction” to the previous governments of former Presidents Maumoon Abdul Gayoom and Mohamed Nasheed.

“I think for people who do not see the merit in backing former Maldives Presidents Gayoom and Nasheed there is now an alternative,” he claimed, adding that both candidates would be a return to “square one” for democracy in the Maldives.

Mausoom claimed that President Waheed woukd now unite support behind a third option in Maldivian politics, that was opposed to the MDP and PPM – presently the country’s two largest political parties in terms of MP number.

He said that the coalition’s appeal as an alternative to both the Nasheed and Gayoom administrations would be its main strength.

“This is just the beginning,” Dr Mausoom added. “Thasmeen spoke today of the achievement’s of President Waheed’s government over the last year, in spite of difficult circumstances he faced.”

While both the MDP and PPM has dismissed the viability and effectiveness of coalition government in Maldives politics, Mausoom argued that the DRP had continued to back President Waheed along with several other parties in order to put national development first.

“We are at a point where we all have to climb down from party ideology and put the national interest first,” he said.

Mausoom claimed that the country’s previous coalition governments had been formed on a “circumstantial” basis, both in bringing former President Nasheed to power and then backed President Waheed. However, he claimed that parties within the ‘forward with the nation’ coalition backing President Waheed during the election were “pro-actively” united in their goal for national development.

Positive development

Speaking to Minivan News today, PPM MP Ahmed Nihan said that Thasmeen’s appointment as Dr Waheed’s running mate was not seen as a concern by the party and would actually serve as a positive development for its own election campaign.

Thasmeen took over as head of the DRP following former President Gayoom’s temporary retirement from political life in 2010.

Nihan argued that the PPM, which was founded in 2011 by a faction of MPs who broke away from the DRP alongside former President Gayoom, were “well aware of the political strength of Mr Thasmeen”.

“We are the only people who can make an informed judgement on [Thasmeen]. He is the weakest link among all the wannabe leaders at present,” he said.

Nihan said that the party would therefore carry on with it plans to begin campaigning in the north of the country ahead of September’s election.

“This is the very least of our concerns as a party,” he said.

Nihan nonetheless said that the party continued to remain concerned at what it alleged was President Waheed’s continued use of state funds and resources to support campaigning for the coalition.

“This is our one crucial concern. President Waheed needs to facilitate a free and fair election, but he has today used government speedboats to transport coalition members. This should not be seen n a democratic society,” he said. “Back in 2008, President Gayoom would have used his own party’s speedboat for campaign purposes.”

Meanwhile, MDP presidential candidate Mohamed Nasheed contended during an interview with state broadcaster Television Maldives (TVM) on May 16 that President Waheed and the DRP has been forced to form a coalition out of necessity.

Nasheed therefore questioned the president’s coalition’s claims that it presented a “third way” for voters as opposed to the policies of the MDP and PPM. Nasheed reiterated his belief that power-sharing coalitions were not compatible with the Maldives’ presidential system of government.

“I do not see a citizen who wants ‘another way.’ What is the path to deliver this way [to development]? We do not hear [political parties] talking about that,” he said. “We are presenting one path to that [development]. We believe MDP’s policies will bring prosperity to the people. I do not see this third way you referred to as ‘a way.’ I see it as two men with no other way. That is not a political philosophy,” he said.

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Parliament cancels Monday sitting as “no work to do”

Parliament’s secretariat reported that parliament had cancelled Monday’s sitting on the grounds the 77-member chamber had no work to do, reports local media.

“There is nothing to schedule today,” an official told local media, suggesting that parliament would reconvene on Tuesday.

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India offers support in training of Maldivian judiciary

The Indian government has offered to assist in training judicial officers and judges in the formation of rules and regulations, reports the Times of India.

According to the report, the offer was conveyed to Chief Justice Ahmed Faiz Hussain on Monday by the Indian External Affairs Minister Salman Khurshid.

Chief Justice Ahmed Faiz Hussain is on a five day official visit to India at the invitation of the Chief Justice of India, Altmas Kabir.

According to Indian media reports, Faiz Hussain is set to take part with the Chief Justice of India and other Supreme Court Judges which will also be attended by Indian Law Minister Kapil Sibal and External Affairs Minister Khurshid.

The reports also claimed that Hussain is expected to travel to Bhopal, to observe the functioning and operation of India’s National Judicial Academy.

The Department of Judicial Administration (DJA) had previously announced plans to set up a Judicial Training Academy in the Villimale ward of Male’, with India is expected to establish ties between the two academies.

During a dinner hosted by Khurshid in honor of Chief Justice Hussain, the Indian external affairs minister claimed India was privileged to work closely and partner the people of Maldives in their nation building efforts.

Khurshid also noted that Maldives had undertaken reforms necessary for the independent functioning of the judiciary and other organs of the state.

In her final report to the UN Human Rights Council, United Nation’s Special Rapporteur (UNSR) on Independence of Judges and lawyers Gabriela Knaul expressed “deep concern” over the failure of the judicial system to address “serious violations of human rights” during the Maldives’ 30 year dictatorship, warning of “more instability and unrest” should this continue to be neglected.

“It is indeed difficult to understand why one former President is being tried for an act he took outside of his prerogative, while another has not had to answer for any of the alleged human rights violations documented over the years,” read the report.

The report is a comprehensive overview of the state of the Maldivian judiciary and its watchdog body, the Judicial Services Commission (JSC). Knaul examines the judiciary’s handling of the trial of former President Nasheed, the controversial reappointment of unqualified judges in 2010, and the politicisation of the JSC.

Knaul also examines parliament’s failure to pass critical pieces of legislation needed for the proper functioning of the judiciary and “legal certainty”, as well as raises serious concerns about an impending budget catastrophe facing the judicial system.

“The immediate implications of the budget cuts on the judiciary are appalling. For instance, the Department of Judicial Administration only has funds to pay staff salaries until November 2013 and it had to cancel training this year,” Knaul notes.

“The Civil Court reported that it would not have sufficient funds to pay its staff salaries after October 2013; furthermore, existing budgetary resources would not be sufficient to pay for utilities and facilities after June 2013,” she added.

The government of Maldives responded to the report by issuing a statement inferring that UN Special Rapporteur had undermined the country’s sovereignty and legal jurisdiction in her report on the state of the country’s judiciary.

The government on May 28 issued a statement via its Permanent Representative at the UN Human Rights Council in Geneva, Iruthisham Adam.

“Engagement between national governments and international actors should not undermine national jurisdiction and the court system of any country, especially relating to ongoing cases,” reads the statement.

In light of this the Maldivian delegation, said Adam, “wishes to discuss specific matters contained in the report with the rapporteur.”

At the same time the statement “welcomed” the UN Rapporteur’s report and “fully acknowledge[s] that the various challenges she has identified and raised in her report are in fact the residue challenges present in a system in the midst of democratic consolidation.

The Maldives judicial system continues to be hampered by structural deficiencies and resource constraints in addressing the difficult challenges facing the country in general.”

Read the UN Special Rapporteur’s full report

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Speaker Shahid to boycott JSC meetings should Fahmy participate

Speaker of Parliament Abdulla Shahid has warned President of the Judicial Services Commission (JSC) Adam Mohamed that he would boycott the commission’s meetings should Chair of Civil Service Commission (CSC) Mohamed Fahmy Hassan continue to be a part of it.

Shahid’s warning came shortly after Attorney General Aishath Bisham conceded during a meeting with Parliament’s Executive Oversight Committee (EOC) that any JSC meetings including Fahmy would have no legal effect.

In response to a question by the committee chair, opposition Maldivian Democratic Party (MDP) MP Ali Waheed, Bisham insisted that Mohamed Fahmy Hassan would not have to be reinstated as chair of the Civil Service Commission (CSC) after the Supreme Court ruled that his removal by parliament was unconstitutional.

Fahmy was dismissed from his CSC post in November 2012 in a no-confidence vote in parliament following an inquiry by the Independent Institutions Committee into allegations of sexual harassment against a CSC employee.

Both Fahmy and the victim were summoned to the committee after the complaint was lodged in the first week of June.

Fahmy was alleged to have called the female staff member over to him, taken her hand and asked her to stand in front of him so that others in the office could not see, and caressed her stomach saying “It won’t do for a beautiful single woman like you to get fat.”

MPs voted 38-32 to approve the committee’s recommendation to remove Fahmy from the post.

The Supreme Court however ruled 6-1 in March 2013 that Fahmy would receive two punishments for the same crime if he was convicted at court following his dismissal by parliament (double jeopardy).

The Supreme court contended that the Independent Institutions Committee violated due process and principles of criminal justice procedure in dealing with the accused.

In a letter sent on Monday, Speaker of Parliament – who is by virtue of his position, a member of JSC – stressed that even though the chair of CSC is also by virtue of his position a member of JSC,  Fahmy cannot sit in JSC because he had been deposed from his position by parliament.

He added the parliament had informed President Mohamed Waheed Hassan about its decision.

“In that letter, when the parliament came to the decision [to remove Fahmy], then-Attorney General Aishath Azima Shukoor and current Attorney General Aishath Bisham stated that Mohamed Fahmy Hassan could not sit in JSC as the President of CSC as that position had become vacant with the parliament’s decision.”

“The Attorney General Aishath Bisham had also said that JSC meetings attended by Fahmy cannot be deemed legal, during the 46th committee meeting of parliament’s executive oversight committee on June 4, 2013,” Shahid wrote.

Therefore, Shahid claimed that he would not take part in any meetings attended by Fahmy.

Speaking to Minivan News on Monday JSC Media Official Hassan Zaheen confirmed receipt of the letter from Speaker Shahid but said he did not see the need for the commission discuss the matter as it was “not part of the commission’s mandate as per the law”.

Don’t put me in a trap – President Waheed

President Mohamed Waheed Hassan speaking on the issue said it was “very complicating” for him to make a decision about Fahmy.

Fahmy had previously claimed in the media that he would only take a decision on whether to continue being part of CSC  after President Waheed made a decision on the issue, claiming that it was the President who had given him the letter of appointment.

Instead of addressing the issue directly, Waheed, who appeared unwilling to address the matter during a press conference on Monday, told the media that Parliament and the Supreme Court were in dispute over the matter.

At such a complicated time, Waheed said, “Even individuals must help in resolving conflicts peacefully”.

“Always doing something that puts the President or the government in a trap is not a very good thing. I think the best thing to do at this time is let Fahmy take the initiative and decide on the matter. That is my position,” he said.

The parliament has meantime opened the opportunity for interested candidates to apply for the “vacant” position of CSC President.

Waheed however maintained that, prior to any appointments to the commission, the parliament should discuss the matter with the Supreme Court to avoid any further conflict.

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