Month: July 2013

Umar Naseer requests Supreme Court ruling on party membership

Former Vice President of the Progressive Party of Maldives (PPM) Umar Naseer has filed for a Supreme Court ruling requesting the court declare how a person becomes a member of political party.

Speaking to local media outlet Sun Online, Naseer said that the procedure as to how a person becomes a member of political party were unclear as per the Political Parties Act. Therefore the case was filed at the court requesting it to make a clarification on the matter, added Naseer.

“It has to be cleared whether a person becomes a member of political party after he submits the form to the party office or whether the person is registered in the elections commission as a member of the said party. This is unclear. This is what I want to seek from Supreme Court,” he said.

The application for the ruling comes shortly after Civil Court dismissed his case challenging the legitimacy of the PPM’s presidential primary in which Naseer lost to Abdulla Yameen.

Naseer has since been removed from the party after accusing his rival of rigging the vote to secure his victory.

The Civil Court ruling stated that Umar Naseer has the opportunity to appeal the decision of the disciplinary committee with the party’s own appeal committee.

The court referred to Naseer’s accusations that the party’s disciplinary committee was under the influence of certain figures within the party, but said he was not able to prove these accusations.

The Civil Court said that unless this was proved otherwise the court had to consider that the disciplinary committee and appeal committee of the PPM were functioning as stated in the party’s charter.

In May, Naseer resubmitted the case at the Civil Court to try and invalidate the outcome of the Progressive Party of Maldives (PPM) primary vote.

The previous case seeking to invalidate the PPM primary was submitted by party member Rahma Moosa, who alleged that thousands of voters were not officially registered with the PPM at the time they cast votes on their preferred party candidate.

Rahma Moosa reportedly filed the case claiming that 8,915 people who were not officially registered as members of PPM had been allowed to vote in the primary. She contended that the move contravened the Political Party Act and compromised the rights of all general members of the party.

Meanwhile the elections commission has expressed concerned over alleged fraud involved in signing members to political parties ahead of the election.

On Tuesday, the Elections Commission sent a fraud case involving President Mohamed Waheed Hassan’s Gaumee Iththihaadh Party (GIP) after in found 11 membership forms had been filled out in the name of people who had died long before their signature appeared.

The Chair of the Commission Fuwad Thowfeeq said the commission decided to send the matter to police after it identified evidence of wrongdoing.

“If a person dies, or should their legal age come up to 18 years, they are automatically entered into our database. But in GIP’s case, they have deliberately filled out the forms on [members’] behalf. So certainly there is wrongdoing involved in it,” he said.

He said that the commission was currently probing into a case sent to it by the Anti Corruption Commission (ACC) regarding another fraud case concerning GIP’s party membership. The ACC claimed of 100 GIP members polled, 85 had no knowledge of ever joining the party.

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Nexbis sends Maldives US$2.8 million bill for operation of border control system

Malaysian security firm Nexbis has invoiced the Department of Immigration and Emigration for US$2.8 million (MVR 43 million) for the installation and operation of its border control system in the country, in line with a concession agreement signed in 2010.

Immigration Controller Dr Mohamed Ali confirmed that Nexbis had submitted a bill seeking charges for the period its system has been in use, as work continues on replacing the Malaysian company’s border controls with new technology provided by the US government.

Immigration officials have said that although “testing” is currently underway on the new US-donated system, Nexbis’ border control technology remains in use at present.

Nexbis’ legal representatives in the Maldives, Suood, Anwar & Co, have requested that within 30 days, the country’s immigration officials pay the company its share of a fee levied on every passenger arriving and departing from the country, Sun Online has reported.

Under the concession agreement signed with the Maldives government, Nexbis levied a fee of US$2 from passengers in exchange for installing, maintaining and upgrading the country’s immigration system.  The company also agreed a fee of US$15 for every work permit card issued under the system.

Nexbis’ lawyers argued that the company had expected the fee to be included in the taxes and surcharges applied to airline tickets in and out of the country, according to local media, but said these payments had not been made due to the government’s “neglect” in notifying the relevant international authorities.

Neither Nexbis or Suood, Anwar & Co had responded to emails from Minivan News at time of press.

The bill from Nexbis follows parliament voting unanimously to terminate the agreement on 25 December 2012, in line with a recommendation from the Finance Committee alleging foul play in the signing of the agreement with former Immigration Controller Illyas Hussain Ibrahim.

Presenting the Finance Committee report to the floor, Chair MP Ahmed Nazim explained at the time that the “main problem” flagged by the Anti-Corruption Commission (ACC) was that the tender had not been made in accordance with the documents by the National Planning Council authorising the project.

The Finance Committee also recommended terminating the agreement over concerns it contained clauses to waive taxes to the company, Nazim said. He noted that imposing or waiving taxes was a prerogative of parliament under article 97(d) of the constitution.

Following parliament’s termination of the project in December, Nexbis sought a legal injunction to prevent any cancellation of the agreement while court hearings over the contract were still ongoing.

The company has sought to contest whether the ACC has the power to compulsorily request the government to cease all work in relation to the border control system agreement.

However, in April of this year, the High Court overturned a Civil Court ruling declaring the ACC could not terminate a border control system (BSC) agreement signed by the Department of Immigration with Malaysian mobile security firm Nexbis.

The High Court ruling (Dhivehi) cleared the way for the Civil Court to hear the case filed by the ACC should it be resubmitted.

Nexbis has emphatically denied allegations of corruption, previously speculating that “criminal elements supporting human trafficking” were seeking to sabotage the agreement.

Alternate technology

Department of Immigration and Emigration Spokesperson Ibrahim Ashraf has said he had not been made aware of any official request from Nexbis for payments beyond media reports, and declined to comment on the issue.

Ashraf did confirm that immigration officials were continuing to use the Nexbis system while border control technology being provided free of charge by the US government was under development.

“Testing of the [US] system is now going on, so the Nexbis border control technology remains in use,” he said. “Some minor adjustments have to be done to the [US] system to customise it to our needs.”

US border system

In March this year, the US government signed a Memorandum of Understanding (MOU) to provide the Maldives with a border system after several years of uncertainty and legal wrangling over the future of the country’s immigration controls.

Following the signing of the MOU, Nexbis said it had not been consulted or provided with any details of the US government’s agreement to provide the new system to the Maldives.

Representatives for the Malaysian company at the time expressed uncertainty over what the MOU would mean for the group’s own border control technology that has been in use since September 2012, as part of its concession agreement with the government.

Lawyers representing Nexbis said at the time that they were confident the Maldives government would “honour” its contractual obligations under the 2010 concession agreement.

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

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Thasmeen labels Yameen as “inhuman” for not endorsing two ministers

President Mohamed Waheed Hassan’s running mate Ahmed Thasmeen Ali – who also heads the government-aligned Dhivehi Rayyithunge Party (DRP) – has strongly criticised the presidential candidate of fellow coalition party the Progressive Party of Maldives (PPM) over the parliament’s decision to reject several cabinet appointments.

On Monday, President Waheed’s government faced a major setback in parliament after two out of its three recent cabinet appointments failed to receive the required parliamentary approval.

The new Human Rights Minister Aishath Azima Shukoor and Attorney General Aishath Bisham were reject in close votes, while Transport Minister Ameen Ibrahim narrowly succeeded in getting the required consent.

Shukoor, also Waheed’s former Attorney General, was rejected 33 votes against to 31 in favour with no abstentions, while her replacement as Attorney General, Aishath Bisham, was rejected 32-32, with Speaker Abdulla Shahid casting the deciding vote not to approve her appointment.

Transport Minister Ameen Ibrahim was approved by 33 votes in favour to 32 against, with one MP abstaining.

Opposition Maldivian Democratic Party (MDP) MPs followed their party line to reject all three ministers while PPM MPs were largely absent from the floor.

The PPM MPs who remained – including Ahmed Mahloof, rumoured to be considering a switch to the opposition Maldivian Democratic Party (MDP) – voted against the party whip line.

President Waheed subsequently re-appointed Shukoor – who had been serving as Gender Minister – to her earlier post of Attorney General, requiring another future vote of consent.

In a short media briefing held after the vote, a frustrated Thasmeen blasted Yameen, claiming that he had purposefully left the parliament floor with his party members to make sure the ministers did not get parliamentary approval.

“PPM MPs under the leadership of its presidential candidate decided not to be present on the floor when the vote took place. Due to that, two ministers were not able to get enough votes to get parliamentary consent,” Thasmeen declared.

PPM was among the many former opposition parties that pledged support to President Waheed following his sudden ascension to power in February 2012, after his predecessor former President Mohamed Nasheed stepped down during a mutiny within the police and military.

PPM has since then maintained that it had supported the government only for the sake of national interest and for the well being of the people.

However, Thasmeen on Monday disputed the claim stating that the real picture of Yameen and his “ruthlessness” had now been revealed to the public.

“It is a great blessing and a very good thing to see this side of Yameen prior to the election. People will see the real face of Yameen,” Thasmeen claimed.

Thasmeen – who was also the running mate of Maldives former dictator Maumoon Abdul Gayoom in 2008 elections – reiterated that people must judge a candidate whom they would vote in the election by the yard stick of “humanity and humane values”.

“I remember exactly what happened when former President Nasheed unlawfully arrested Yameen [in 2010]. At that time it was Azima Shukoor who worked tirelessly day and night for his release from custody,” he added. “But Yameen forgot about that today.”

Despite the defeat, Thasmeen appeared confident claiming that the current government had a sufficient number of MPs supporting it and such defeats would not be a common occurrence.

Presidential election is more important, says PPM

Justifying the decision to leave the floor during the critical vote, Deputy Leader of PPM Abdul Raheem Abdulla told the media that its presidential candidate had not been present because he had to go on a campaign trip that was scheduled on the same day. He said PPM was currently more focused on the upcoming presidential elections.

Raheem also alleged that President Waheed had become “very personal” against the PPM, and said many individuals who held political positions in the government had been dismissed from their posts after they joined the PPM.

Previously, Home Minister Mohamed Jameel Ahmed – a former member of Dhivehi Qaumee Party (DQP) that has decided to back Waheed’s re-election bid – was dismissed from his position upon the request of DQP’s Leader Dr Hassan Saeed after Jameel joined the PPM to become the running mate of Yameen.

Other members of the DQP, including Deputy Tourism Minister Maleeh Jamaal and State Minister for Economic Ministry Abdulla Ameen, were dismissed from their positions after their refusal to back President Waheed.

Meanwhile, speaking to local newspaper Haveeru from Addu City, Yameen said Azima was best suited for the position of Attorney General and PPM did not want to see her in another cabinet position. Yameen claimed President Waheed had not discussed the matter with the party before appointing her as Gender Minister.

“I was the one who first told President Waheed to appoint Shukoor as the Attorney General. I worked for that. Back then she was a council member of PPM,” Yameen said.

Regarding the new Attorney General Bisham, Yameen said PPM did not support her because the party believed Shukoor was the one who should be in the position.

“The most important thing is who is the most competent person for Attorney General. We were expecting Shukoor to be the attorney general knowing her competence and back then the government listened to what we say,” Yameen explained.

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Prosecutions delayed due to Criminal Court budget shortage: PG

The Prosecutor General (PG)’s Office has been unable to pursue 273 pending cases due to budget shortages at the Criminal Court, PG Ahmed Muizz has revealed to parliament’s Independent Commissions Committee.

“The court will sometimes tell us that it cannot hold trials that require witnesses to be brought to Male from the islands,” Muizz told the committee, according to local media reports. “Sometimes the court will reject the cases. We haven’t prosecuted some cases because we need to find a solution to this issue.”

The prospect of an imminent budget crisis in the judicial system was highlighted by UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, in her extensive report on the Maldivian judiciary published in May.

“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 wrote.

“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 Criminal Court spokesperson was not responding at time of press.

Court website hacked

Hackers meanwhile this morning compromised the Criminal Court website, changing it to a black screen with text identifying themselves as Algerian.

“Attacker frOm AlGeria. This server was hacked by Yacine Jocker & xDjamil Jocker ;). skype:xDjamil.Jocker. Nothing Is Impossible [#] Greets: All my Friends,” read the message.

At time of press the Criminal Court website had been taken down and there was no site displaying at the address.

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No police within 100 feet of ballot boxes, confirms elections commissioner

Additional reporting by Mohamed Naahii and Ahmed Naish

With two months remaining before the Maldives’ second multi-party presidential elections, former President Mohamed Nasheed, the current Maldivian Democratic Party (MDP) presidential candidate, has alleged that police are plotting to ruin the polls under instruction from Police Commissioner Abdulla Riyaz.

Nasheed, who won the Maldives’ first democratic election in 2008, made the allegations during an MDP rally held in the Galolhu ward of Male’ on Sunday night (June 29).

Attempts to influence the polls by the Maldives Police Service (MPS) were one among “a few concerns”, said Nasheed.

During a press conference held today (July 1), Nasheed emphasised his concerns about police influencing September’s presidential election results.

“We are revealing these possible issues only with the hope that the elections commission would take adequate measures to resolve them. The [Elections] Commissioner should only allow police and military officers [in polling places] after discussing with the candidates’ agents and receiving their consent,” Nasheed stated.

“Police should not be able to enter the polling station without an informed decision made unanimously with the elections commission members and agents of the candidates present at the polling station,” he continued.

“MDP members will not allow police or military to go inside polling stations unlawfully,” he added.

Speaking at the rally entitled “People of Galolhu with President Nasheed” on Sunday, the former president stressed that he was strongly convinced that no one could tamper with the election results, and said to ensure elections are free and fair MDP will have more than 1,900 of its own observers at the polling stations.

“According to information I am getting, Abdulla Riyaz is instructing police officers to barge into polling stations upon his signal, after two individuals enter and create a scene. The remedy to this is that we will ensure no police officer can enter the polling station unless approved by the elections commission,” Nasheed declared.

“This is how it is practiced in other places around the world. Police cannot just enter polling stations. Only the voter and elections officials are allowed. That is why, even a Special Operations (SO) police officer cannot go into a voting station on a whim,” said Nasheed.

The second method by which the police will attempt to ruin the elections is intervening during the vote counting process, after claiming that difficulties are being experienced, such as the election being “rigged”, Nasheed alleged.

The former President  reiterated he was confident he would win the election from the first round, predicting that his party would secure 56-57 percent of the popular vote.

“Based on the figures received during the party’s door to door campaign, we are currently able to secure 56 to 57 percent of the voters. From Galolhu, figures indicate MDP getting 73 percent of the vote. We are getting full support from other wards of Male’ as well,” he said.

The Elections Commission outlined some of the key regulations related to concerns regarding police interference with elections.

“Police cannot stand within a 100 foot radius of the ballot box,” Elections Commission President Fuad Thaufeeq confirmed to Minivan News today.

“Police can enter the area only if the Head of Polling Station requests their assistance to control any criminal activity that goes beyond his control,” he continued.

“The role of the police will be to assist the Elections Commission in keeping peace and public safety,” he added.

SO begin MDP arrests on Thinadhoo

Meanwhile, SO police officers have arrested MDP supporters on Thinadhoo Island in Gaafu Dhaal Atoll for allegedly “creating unrest” during President Mohamed Waheed Hassan Manik’s visit to the island earlier in June, according to social media reports and photographs.

“They started arresting MDP supporters today, at least three people so far,” a source from Thinadhoo told Minivan News today on condition of anonymity.

The Maldives Police Service (MPS) decided to station officers of the Special Operations (SO) command on Thinadhoo last week. According to local media, the SO officers will work with the Thinadhoo police station to establish “peace and security”.

The Maldives Police Service had not responded to Minivan News enquiries at time of press.

Police reserve force

President Waheed inaugurated the police special constabulary reserve force at a ceremony today.

The MPS announced plans for recruitment of officers for the special constabulary in May this year, with the new officers to be paid 85 percent of the salary of a regular police officer of the same rank.

At the function, 43 recruits from the first batch were presented documents of employment by President Waheed, after which they were sworn-in as police officers at an oath-taking ceremony.

The oath was administered by Criminal Court Chief Judge Abdulla Mohamed. According to police media, the judge advised the news officers on the importance of respecting oaths.

On June 23, police made an announcement seeking 75 “civil assistants” as non-uniformed personnel for administrative work.

Correction: The previous version of this article said Maldives Police Service officers cannot stand within a 100 metre radius ballot boxes, however it should have read 100 foot radius. Minivan News regrets the error.

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Former President Nasheed promises to reform Judicial Service Commission within 68 days

Former President and opposition Maldivian Democratic Party (MDP)’s Presidential Candidate Mohamed Nasheed has said that he and his party will reform the state’s judicial watchdog the Judicial Service Commission (JSC) within the remaining 68 days before the scheduled presidential elections.

Speaking during a press conference on Monday, Nasheed said issues coming up recently concerning judges significantly threatened the dignity and credibility of the entire judiciary.

“The Maldives has set standards for judges established through its constitution. We are witnessing a time where those standards are being grossly ignored by the state institution concerned with judicial oversight and accountability,” he said.

Recalling his decision to arrest Chief Judge of Criminal Court Abdulla Mohamed, which eventually led to the ousting of his government on February 2012, Nasheed said that there had been 12 cases filed against the judge in JSC but the commission had failed take any action.

“Eventually, I raised the concerns to the police commissioner, the Defense Minister and the Maldives National Defense Force (MNDF). When they took the action which they all believed was the best decision, you all witnessed what happened next,” Nasheed said.

Apart from the fall of his government, the dire repercussions of the arrest of the judge included a criminal prosecution of Nasheed and senior officials of his government at the Hulhumale Magistrate Court, in what he and his party contended was a politically-motivated attempt to scuttle his re-election bid.

A stay order from High Court led to the temporary suspension of the trials, and the suspension of the Chief Judge of the High Court by the JSC on year-old charges of misconduct.

Nasheed claimed other judges had begun displaying similar behaviour as that of Chief Judge of the Criminal Court Abdulla Mohamed, and said as yet state institutions including the JSC had failed to take adequate measures.

He also said that there are disputes within the JSC which had to be resolved through parliament.

Among these disputes included the recent stand made by the Speaker of Parliament Abdulla Shahid, warning the JSC Chair that he would boycott the commission meetings should Hassan Fahmy – the Chair of Civil Service Commission who was deposed by parliament but reinstated by a Supreme Court ruling –  continue to take part in its meetings.

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

“Therefore we need to take measures to find a way Speaker Shahid can sit in the commission, by deciding the matter of Fahmy. Therefore, in the 68 days left before the elections, we need to reform the judiciary. That is fairly easy for us now and I am confident that we can do that,” Nasheed said this morning.

Among the much needed reforms, the former President said the JSC must re-establish its credibility by making decisions in a transparent and informed manner.

“On the other hand, a presidential candidate currently sits in the JSC. We need to find another way where such anomalies are not present in the commission,” Nasheed said, referring to Jumhoree Party (JP) leader and business tycoon Gasim Ibrahim, who sits in the commission as parliament’s representative.

Speaking about the current composition of the JSC, Nasheed said  there was no specific model for an organisation such as the JSC.

“In some constitutions, parliamentarians are vested with the duty to oversee the judiciary while in others there have been cases where judges have looked into the cases of other judges. There have been committees appointed by heads of states that have looked into such cases,” he said.

Therefore, the question was not about the composition of the judges but rather the personal integrity of members sitting on such commissions, he said.

Nasheed emphasised the need for transparency, calling for the media to be allowed to cover JSC meetings and report on matters that take place within the commission.

Highlighting recent video footage that appeared on social media depicting Supreme Court Justice Ali Hameed and a local businessman discussing the political affiliations of the judiciary, Nasheed claimed that while every individual was entitled to right of private life, such videos of judges must be investigated even police investigated those who were trying to use them for blackmail.

Nasheed also expressed concern over a possible hand in the government over the leaking of the videos involving judges after a senior council member of President Mohamed Waheed Hassan’s Gaumee Iththihaadh Party (GIP) was arrested trying to sell explicit sex videos featuring a judge.

Nasheed also expressed his frustration over MPs from former dictator Maumoon Abdul Gayoom’s Progressive Party of Maldives (PPM), alleging they lacked any commitment towards judicial reform.

“PPM members do not see the need to take action against disciplinary issues of the judges, they do not see that the JSC needs reforms, they do not see that there are problems with the Supreme Court and they do not see the need to investigate pornographic videos of judges. Instead they say they those who shot the videos should be held culpable,” he claimed.

Nasheed said that his party had a 90-point legislative agenda to reform the judiciary once elected, but said this would require a sizable majority for his party in the parliamentary elections early next year.

“This legislation will cover most of the reform we are seeking. Before we embark upon this, we need to have a majority in parliament and without this it would be fairly difficult for us to implement these reforms,” he said.

He noted that after the elections the new government would face a period of a limbo until the parliamentary elections in May, but said he was “very confident” his government would overcome this.

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Dead body of Chinese tourist found near Taj Exotica Resort

Police have reported the discovery of  a dead body this morning near the Taj Exotica Resort.

According to police, the body was identified as the body of a female Chinese tourist staying at Taj Exotica named Chenzi Juvan, 44.

Police said the body was discovered by a Coco Palm Resort speedboat passing by Taj Exotica.

Police said the initial investigation suggested the woman had gone swimming alone.

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Transport authority to destroy impounded vehicles

The transport authority has declared it will destroy all vehicles impounded by the police in their tow yard, despite a notice from parliament’s government oversight committee ordering it not to destroy the vehicles.

Speaking to the press today, chairman of the transport authority Abdul Rasheed Nafiz said that he did not believe that parliament could give the authority such an order as the motor vehicle act required the transport ministry to destroy impounded vehicles if the owner did not pay the fines within a certain duration.

Nafiz told the press that if MPs were worried about citizen’s property being destroyed they should amend the motor vehicle act to prevent the impounding and destruction of vehicles, or vote on the matter.

On June 24, police announced the impounded vehicles in the police tow yard would be destroyed if the owners did not claim them.

Police Spokesperson Ismail Ali told Minivan News that owners had already been given three months to reclaim their vehicles.

“The three month duration expired last Friday,’’ Ismail said. ‘’The tow yard is full now and we need the land for other purposes.’’

According to Ismail this is the first time  police will destroy vehicles since the motor transport act came in to effect.

‘’These vehicles that we are going to destroy have been here since 2008,’’ he said.

He said a committee consisting of members from Male City council, police, media, and transport authority will decide how to destroy these vehicles.

‘’The committee will give instructions to police,’’ he added.

Following the decision by police, Maldivian Democratic Party (MDP) MP Ahmed ‘Bonda’ Rasheed staged a one-man protest inside the parliament chamber.

The Speaker Abdulla Shahid repeatedly asked Rasheed to take his seat, and after several hours asked security officials to remove him from the parliament chamber.

Later that day the issue was filed at the government oversight committee and the committee passed a motion to send a notice to the transport authority requesting it not destroy the vehicles.

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Saudi Arabia’s Muslim World League opens office in Maldives Islamic Ministry

An office of the Saudi Arabian organisation Rabita al-Alam al-Islami (Muslim World League) was opened in the Maldives yesterday, following a signing ceremony at the Ministry of Islamic Affairs.

Islamic Minister Sheikh Mohamed Shaheem Ali Saeed told local media the organisation would assist the Maldives with “social, religious and humanitarian issues”.

Sun Online cited Shaheem as acknowledging that a “non-operational” office of the Muslim World League had already been present in the Maldives for the last 15 years, but said he had no comment on the matter.

The office would initially be located in the Islamic Ministry, Shaheem said.

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