Comment: A case for more mature defamation laws in the Maldives

“Reputation, reputation, reputation! O! I have lost my reputation. I have lost the immortal part of myself, and what remains is bestial. My reputation, Iago, my reputation!” said Cassio in Act II of Shakespeare’s Othello.

So did Maumoon Abdul Gayoom almost every day whenever before 2008 whenever his government wanted to stymie any criticism from anyone that he didn’t count as a supporter.

So did Maumoon Abdul Gayoom in June 2010, when the New York Times published the now (in)famous “looters” article and when Miadhu decided to reprint it.

So did Mohamed Nasheed in January 2012, when DQP’s Dr Mohamed Jameel alleged Nasheed was working under the influence of “Jews and Christian priests”.

These three moments/phases define the journey of defamation laws in our country and reflect three aspects of the maturity and adequacy of these laws. They reflect “the good, the bad and the ugly” of defamation laws in the Maldives and underlie the case for further refinements in these laws for us to have a stable, progressive and a coherent Islamic society.

Evolution of defamation laws in our country has come a long way from the times where it was a criminal offence punishable with up to six months of jail under Gayoom’s era. However, they seemed to have been too weak and toothless under Nasheed, and this in some sense led to his downfall that ushered in a volatile political environment for the last one and a half years.

The purpose of laws is to not just to punish actions that are undesirable for the peace of society but to also deter actions that can potentially harm such peace and harmony. This is especially true of defamation laws, which must create the fine balance between promoting responsible freedom of expression and providing enough deterrents against slander that can do unreasonable harm to reputation of individuals and to the cohesion of societies.

It is worthwhile to look back at how the defamation laws have evolved over time in the Maldives and reflect on whether we need to revisit these laws going forward, in order to make them more effective in serving the purpose that these laws are supposed to serve.

Before defamation was decriminalised in November 2009, defamation was one of the most abused laws in the Maldives. Section 125 was invoked by Gayoom administration every now and then to put their opponents under arrest and stymie any criticism of the government. Section 125 stated that “Where a person makes a fabricated statement or repeats a statement whose basis cannot be proven, he shall be punished with house detention for a period between one to six months or fined between Rf25 and Rf200”.

This of course reflected “the ugly” of our defamation laws and was dropped by the newly elected democratic government of Mohamed Nasheed. Such decriminalisation was hailed as a key democratic reform of the previous government and was appreciated by global rights watch bodies such as Article 19 and Freedom House as well as the United Nations itself. This was a significant movement for a society that was used to being under the shackles of the government and was enjoying its now-found ‘democratic society’ status.

Then, in June 2010, Gayoom decided to take Miadhu to court for reprinting an article published in New York Times. This article, which spoke of how money from the exchequer was inappropriately used for personal consumption under Gayoom’s regime, was based on the Nasheed government’s audit reports of Gayoom regime’s expenditure. This defamation suit was to be a watershed moment in democratic evolution of the country where a newspaper carried a story, which they believed to be credible, fearlessly. This was also a landmark moment with respect to freedom of expression and media in the Maldives; it was also the first case that Gayoom had lost in 32 years in the country! It showed Maldives to be on the right path of socio-judicial democratic reforms where some of the key tenets of globally accepted defamation regulations were shown to be working in our system.

However, this was soon followed by how ‘the bad’ of our defamation laws were exposed after ex-DQP leader and now-running-mate of Abdulla Yameen, Dr Mohammed Jameel Ahmed decided to slander against the then-President Mohamed Nasheed. In a closely knit Islamic society such as ours, an accusation of working against the nation’s religion, which is what binds us together, is a matter of supreme importance – more so, if such an accusation is made against the nation’s President.

If backed by proof, then it is a matter of strategic importance for the nation’s institutions to investigate but if it is unsubstantiated, it is slander of the most deplorable nature and must be handled with utmost urgency. In this case, it was interesting to note that while Dr Jameel made these allegations, they came from the political leader of a party whose other major leader, Dr Hassan Saeed, had declared during many election rallies in 2008 that as Gayoom’s Attorney General, he was aware that Nasheed was investigated for his association with western churches.

He had declared during these rallies that Nasheed had come totally clean after detailed investigations. Moreover, Nasheed’s government was accused of voting in favour of Israel at the United Nations, whereas Maldives’ voting in any UN resolution is public knowledge and clearly this accusation was untrue as well. However, despite these issues being common knowledge, a political leader could believe that he could make the most serious and slanderous allegations against the President of the nation and could expect to be let off the hook easily for such slander.

It’s another matter that there are a number of structural issues with respect to the judiciary in the Maldives which also played their part in how this case snowballed into significant political turmoil for the country. While I do not intend to comment on or discuss the issue of judicial reforms through this article, the core issue that I want to highlight is that even the laws must have had loopholes for which a political leader such as Dr Jameel had hoped to get away with slander. I say this because, had the laws been specific and if they had enough teeth to be deterrents by themselves, scope of judicial manipulation would have been limited in this case. For instance, while slander and libel were decriminalised in 2009, the maximum penalty for civil action against slander was set at MVR 5000 (US$325). That’s hardly a deterrent for a man who is known for his panache for Hugo Boss suits! He may as well have deposited MVR 5,000 in the President’s office in advance for every time he got a set of these ‘slanderous’ booklets printed!

This saga that set off arguably the biggest political turmoil in Maldivian history was not the end of it, as for the woes against weak defamation laws. Foreign investors like Nexbis and GMR complained of continuous undermining of their business reputation through unsubstantiated and irresponsible corruption allegations by local politicians such as Sheikh Imran and Hassan Saeed. For instance, in the case of GMR, while the likes of Sheikh Imran and various ministers in Dr Waheed’s cabinet made corruption allegations against the GMR deal, the Anti-Corruption Commission later gave a clean chit to the deal.

The impact that these experiences, with respect to the safety of investment climate and investor protection against local political interests, of these two foreign companies will have on future investment flows only remains to be seen in the times to come. What is very clear is that re-looking at defamation laws is not only important from a socio-political perspective but from an economic development and foreign investor protection perspective as well.

In essence, we have come a long way from pre-2009 days when criminal defamation was widely abused but are now at a place where anyone can make any sort of irresponsible allegations without worrying about the consequences. This is not only limited to the domain of politics but to our economy as well as everyday life. It is clear that defamation cannot go back to being a criminal offence but it is also important for us to consider if the current civil defamation laws reflect the desired balance that is important to maintain order in our society.

Clearly, the current laws are unable to make this balance and need to be strengthened – how, though, is a matter of broader socio-politico-legal debate.

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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Fourteen year-old girl latest victim in surge of rape crimes

Police are investigating the rape of a 14 year-old girl on Muli island of Meemu Atoll, the latest incident in an increasing number of sexual crimes against women and girls in the Maldives.

According to the police the incident was reported around 1.30am Sunday night, and a 19 year-old man was arrested on charges of rape.

The suspect has a history of criminal behaviour including assault and theft, police stated.

Rise in rapes

The 14 year-old’s rape comes less than two weeks after a 19 year old girl was snatched from the streets of Hulhumale’ and allegedly raped by a man believed to be an expatriate on the early morning of August 3.

More than 1000 expatriate workers have been searched and interrogated in the ongoing hunt to find the foreign national accused, according to police.

Just two days later on August 5, the police stated that two minors and two men have also been arrested in connection with the rape and filming of an underage girl in a house in Male’. The rape incident occurred on July 27.

Meanwhile, on July 30, the police arrested four men and one minor in connection with the gang rape of a 17 year-old girl on the island of Milandhoo in Shaviyani Atoll.

Police acknowledged that an increasing number of rape and sexual abuse cases had been reported this year.

“We urge parents to be more careful with children’s whereabouts, and check who they meet and hang out with,” a police spokesperson noted. “Parents also need to be careful of people who visit their homes.”

Surveys indicate that most of the sexual perpetrators are known persons, including family members and friends.

Last year three cases of rape incidents were reported to the police while in 2011 a total of 13 cases were investigated, according to the annual police statistics report 2011/2012.

Most cases were gang-rapes and the victims included girls as young as 13.

Tip of the iceberg

Sharing her concerns over the increasing number of sexual crimes against women, Assistant Representative of UNFPA Maldives Shadiya Ibrahim warned an increasing number of rape cases were just “the tip of the iceberg”.

She suggested that many of rape and abuse cases go “unreported and uninvestigated” .

“The culture of impunity is one factor why sexual violence against women and girls is increasing,” Shadiya observed.

While a number of rape cases are reported in the Maldives, few are prosecuted – especially if the victim is 18 or above.

Rape cases involving minors are prosecuted as child abuse cases with a maximum penalty of 20 years depending on the magnitude of the offence. In contrast, rape cases in which the victim is an adult, are deemed as “forced fornication” under the existing regulation on sexual offences, according to the Prosecutor General Office. To prove fornication – whether forced or not – requires a confession or four witnesses.

“Due to this burden of proof, proving rape cases becomes next to impossible,” a state prosecutor told Minivan News in an earlier interview on the subject.

Therefore, adult rape victim’s cases are detracted to a sexual assault or harassment offence, in which the four witnesses and confession is not required. However, penalty for sexual assault is only two to three year long imprisonment.

The amended penal code and sexual offences bill currently being deliberated by parliament committees provide a legal remedy to the problem of inadequate legal definition of rape, and if passed will ease the existing burden of proof, making it easier to prosecute rape cases.

Meanwhile, the UNFPA also named other underlying issues contributing to the surge in sexual violence against women; including gender-inequalities that makes women and girls particularly more vulnerable to abuse and secondly, men’s attitude.

“A recent survey based on men’s experiences of violence shows that entitlement is one of the main reason for men to rape,” Shadiya pointed out. “Men surveyed believe it is their right to rape and they can simply get away with it.”

She concluded that a huge shift was required in the attitudes of public and authorities in condemning violence against women as an inexcusable human rights violation.

“Parliamentarians, prosecutors, police and judges needs to be gender-sensitised to achieve progress in reducing violence against women.” she added.

Minivan News contacted the Gender Ministry but had received no response at time of press.

Earlier this year, Maldives came under international scrutiny following the sentencing of a 15 year old rape victim to 100 lashes on charges of fornication – a symbolic case reflecting the systematic injustices suffered by some rape victims.

Widespread international coverage of the sentencing has since led to over two million people signing an Avaaz.org petition calling for her sentence to be quashed, a moratorium on flogging, and reform of laws to protect women and girls in the Maldives.

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Parliament appoints new CSC member to replace Fahmy Hassan

The parliament has appointed a new member to the Civil Service Commission (CSC) to replace Fahmy Hassan, who was dismissed in November 2012 over allegations that he sexually harassed a female staff at the commission.

Fahmy however continues to serve as chair of the commission after his dismissal was invalidated by the Supreme Court.

The parliament secretariat today issued a statement confirming that Fathimath Reenee Abdulsathar of Maafannu Unimaage had been appointed as the new member of the CSC.

According to the statement, 51 out of 54 MPs present in the parliament voted in favor of appointing Reenee as Fahmy’s replacement, while the remaining three abstained.

The parliament secretariat said the Independent Commissions Committee had researched those who applied for the position and submitted it to the parliament floor on August 5, 2013.

Local media reports suggested no candidate was able to meet 75 percent of the Independent Commissions Committee’s interview criteria, so the committee forwarded the matter to the parliament chamber.

Minivan News contacted Fahmy today seeking comment regarding the appointment of his replacement, however he stated that he did not want to say anything to the media at the moment.

In November last year parliament voted 38 – 32 to remove the CSC chair after the Independent Institutions Committee investigated a complaint of sexual harassment lodged by a female employee of the CSC.

On 14 March 2013 the Supreme Court ruled that parliament’s decision to remove Fahmy from his position was not based on reasonable grounds and invalidated the decision.

Local newspaper Haveeru reported that the alleged sexual harassment incident occurred on 29 May 2012, and that the victim was a female senior research officer.

On June 17, Parliament’s Independent Institutions Committee launched an investigation into the alleged harassment.

Fahmy was alleged to have called a 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.”

According to local media, the woman told her family about the incident, who then called Fahmy. Fahmy then sent her a text message apologising for the incident, reportedly stating, ”I work very closely with everyone. But I have learned my lesson this time.”

In response to the allegations, Fahmy told Minivan News previously that the female staff member had made up the allegation after she learned she had not won a scholarship to Singapore offered by the CSC.

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Diesel fuel rationed after STO shipment delayed

The State Trading Organisation (STO) has controlled the sale of diesel fuel in the Maldives due to a shipment delay.

The delay of diesel shipments occurs “sometimes during the year” when ships carrying diesel from Dubai are “held up” in port, STO Managing Director Shahid Ali told local media.

While diesel will be made available to the State Electric Company (STELCO), resorts and general customers, new orders for diesel are being controlled by STO, according to Ali.

“This is a common problem. But there is enough oil in stock for STELCO and all the resorts, who buy oil on a regular basis. It is only the sale of oil to other groups that has been controlled,” said Ali.

“We might not be able to meet the demand of a sudden order. But regular customers will have continued supply,” he added.

The diesel shipment will arrive on Wednesday (August 14) and STO expects the control of diesel to be lifted by Thursday, according to Ali. No restrictions on petrol supplies have been enacted.

Meanwhile, Fuel Supply Maldives has also restricted the sale of diesel, following STO’s control of diesel supplies, Managing Director of Fuel Supply Maldives Adam Saleem told local media.

“We have rationed the sale of diesel to resorts. We have faced this problem before as well, but this time the delay has been prolonged,” said Saleem.

Fisherman are also facing problems due to the limited diesel sales, while resorts are complaining about running out of diesel supplies, according to local media.

Diesel fuel is the primary source of power generation in the Maldives, with most islands having separate power house facilities. Marine diesel is also used to fuel the country’s fishing and transport fleet, accounting for roughly 80 percent of the country’s consumption.

The near total dependence saw the Maldives ranked dead last in report published by the UNDP in 2007 on the vulnerability of developing countries to fluctuating oil prices, a fair stretch behind Vanuatu, effectively placing the country among the world’s most oil-addicted nations.

“Island countries in general are extremely vulnerable to increased oil prices. They comprise distant and small markets and have to bear the burden of higher shipping costs, while electrical power generation is largely fueled by diesel,” the report noted.

The Maldives dependency on oil was discussed in October 2012 by President Mohamed Waheed at the World Energy Forum in Dubai.

“A development path primarily based on expensive diesel generated electricity is unsustainable in any country, let alone a small country like Maldives,” said Waheed at the forum’s opening ceremony.

“Today, we spend the equivalent of 20 percent of our GDP on diesel for electricity and transportation. We have already reached the point where the current expenditure on oil has become an obstacle to economic growth and development,” he continued.

Waheed explained that the current price of 35-70 US cents per KW hour meant that the government was being forced to provide “heavy subsidies” to consumers, giving little option but to move towards a low carbon alternative.

State Trading Organisation (STO) Managing Director Shahid Ali was not responding to calls at time of press.

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Political bias limiting right to information: panel

The biased editorial practices of media outlets owned by politicians is one of the major impediments preventing the right to information from being upheld in the Maldives, journalists and civil society actors highlighted during discussion panels organised by the US Embassy this week.

Maldivian journalists and NGO leaders met with representatives from the US Embassy, the UN, as well as a US attorney representing the American Society of News Editors, Kevin Goldberg, to discuss the current status and future efforts needed to protect this human right in the Maldives.

The state is the guardian of information and the public have a right to access that information, according to the forum.

This is essential for not only holding the government accountable to the public – so residents of the Maldives can understand what the government is doing for the people – but also for instilling public trust in government institutions.

Any type of information, including documents, electronic records, audio, video, etc., produced, held or maintained by a state institution should be easily accessible. Uninhibited access to events held in the public domain, such as protests, are also protected, the forum was informed.

Journalists and NGO representatives alike noted the lack of cooperation from government institutions as well as the shortcomings of media outlets in disseminating balanced information.

The media discussion panel held Monday (August 12) was nonetheless poorly attended, with three journalists from Sun Online, one Maldives Media Council (MMC) official, and one Minivan News representative participating.

While two Maldives National Broadcasting Corporation (MNBC), also known as Television Maldives (TVM), reporters were present during part of Attorney Kevin Goldberg’s opening remarks, they left prior to the group discussion taking place. No representatives from the Maldives Broadcasting Commission (MBC), Raajje TV, Villa TV (VTV), DhiTV, Haveeru News, Channel News Maldives (CNM), Miadhu News, or Minivan Radio attended the event.

Although the panel was small, discussion was lively, with everyone in attendance concerned about editorial policies that catered to the government or a specific political party, which they said had staunched the flow of information reaching the Maldivian public.

Unbalanced reporting in favor of the state during the February 2012 controversial transfer of power that followed former President Mohamed Nasheed’s resignation, as well as government authorities cutting Maldivian Democratic Party (MDP) aligned-Raajje TV’s feed, were highlighted as concerns.

In addition to the need for a culture of balanced, ethical reporting, journalists highlighted the difficulty in obtaining information from various government representatives and institutions.

Goldberg noted that “information delayed is information denied”, and that procedural mechanisms should be in place to allow the public, including journalists, easy access information. The state should “proactively disclose” information of public interest, individuals “shouldn’t have to ask for it”, he said, explaining that readily available information was as much a means for public officials to protect themselves from the media as it was for the media in conducting investigative journalism.

Goldberg, as well as the Human Rights Advisor to the UN Resident Coordinator’s Office, Safir Syed, stated that MBC’s requirement that journalists be licensed to enter a protest was a human rights violation.

Goldberg emphasised that it takes time to build enough collective momentum to effectively pressure a government to uphold the right to information, and that collaboration between media outlets and civil society was essential to do so.

NGO representatives echoed the concerns noted by journalists during the discussion panel held Tuesday (August 13) and emphasised that unethical reporting and the media’s lack of cooperation with NGOs had limited civil society’s trust of local media outlets.

The inability to appeal to the judiciary to obtaining access to public information was also highlighted as a problem.

Transparency Maldives Project Director Aiman Rasheed explained to Minivan News that while Article 19 of the Maldivian Constitution guarantees the right to information, current practice was limited to the executive. He added that the right to information regime needs to be spread across all state institutions, including the judiciary, parliament, independent commissions and state companies.

Furthermore, the Maldives is a signatory to the International Convention on Civil and Political Rights (ICCPR), which also protects this human right.

“The right to information is important for citizens to make informed choices, participate in the democratic process, and hold the government accountable,” said Rasheed. “Freedom of information is a key prerequisite for democracy.”

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Islamic Minister concerned over “extreme ideologies” being preached in Dharumavantha Mosque

Minister of Islamic Affairs Sheikh Mohamed Shaheem Ali Saeed has voiced concerns that Friday prayers conducted in the Dharumavantha Mosque in the capital city Male’ are conducted by Imams who do not hold state-issued authorisation to preach.

Shaheem emphasised the importance of putting an end to the practice of Dharumavantha Mosque conducting Friday prayers in a manner different from all other mosques in the country. He furthermore said that he had personally received reports that the sermons given in the mosque preached a “stricter, more extreme ideology [of Islam]”.

“In the Maldives, we follow the practices of Sunni communities, especially when it comes to matters concerning religion. And then [they] refuse to pray in other mosques behind authorised Imams and form their own prayer congregations elsewhere. The ‘Imams’ conducting Friday prayers at Dharumavantha Mosque do not have permits to lead Friday prayers, nor are they even well-educated. I’ve also been informed that sometimes very extreme preachings are made by them,” Shaheem said on Sunday, speaking to local media.

The minister added that mosques in the capital are now under the jurisdiction of the Male’ City Council, and that the Islamic Ministry no longer has the mandate to act against any “undesirable activities” being carried out in mosques.

Mosques were transferred from being under the watch of the Islamic Ministry to the councils in late 2011 after the ratification of the Decentralisation Act.

Shaheem stated that he had nevertheless worked to ‘reform’ people who attended these prayers with the help of various religious scholars who provided advice to these individuals.

A Male’ City Council official noted that Councillor Hassan Afeef is in charge of overeeing mosques. Afeef was not responding to calls at the time of press.

Dharumavantha Miskiiy

Dharumavantha Mosque (Miskiiy) is recorded to be the oldest mosque in the country, according to the former National Center for Linguistic and Historical Research.

The mosque, which is exclusively for men, is a one-room structure with an attached veranda, located near Sultan Park.

Dharumavantha Mosque is attributed to Mohamed-Ul-Adil, the first Sultan of the Maldives, who was the first to enforce Islamic law in the country.

On March 6, 2013, the mosque was robbed and vandalised. The matter was reported to police by those attending early morning prayers.

Police have so far not publicised details of the investigation, and the case is believed to remain unsolved.

Dharumavantha Mosque is the only known mosque in the capital which refuses to read out pre-written sermons issued by the Islamic Ministry during Friday prayers, as is the current practice.

Islamic Minister Sheikh Shaheem Ali Saeed was not responding to calls at the time of press.

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AG accuses Civil Court of negligence as City Council proceeds with US$30 million development of West Harbour

The Attorney General has filed a complaint at the Supreme Court accusing the Civil Court of negligence in holding a hearing of a case filed by the state, seeking to prevent Male City Council from outsourcing the development and operation of the West Harbour Area.

Last Sunday Male City Council announced its intention to hand over the development and operation of the West Harbour Area – locally known as the ‘T-Jetty Area’ – to a local company called West Gate Assets Private Limited for a lease period of 25 years.

The project, worth US$30 million, once completed will include coffee shops, cafes, petrol sheds, shopping malls and spacious parking zones intended to resolve severe congestion in Male’ City.

Meanwhile, in its complaint filed at the Supreme Court, the Attorney General’s office claimed the Civil Court’s failure to proceed with the case meant that the government could take no action against the project.

“If that agreement proceeds as it is now, [the Attorney General’s Office] believes that will be carried out unlawfully and this office will continue to take necessary actions against the project,” read a statement from the AG’s office.

The AG further claimed that last December, when the city council announced opened bidding for the project, a case was filed at the Civil Court to invalidate the process through an injunction to stop the bidding process.

However the Attorney General’s office said the Civil Court had failed to hold any hearings into the case since May.

The statement claimed excuses for hearings being delayed included the city council’s lawyer calling in sick, the court being unable to deliver court chits and the judge being on leave.

The project

In a press conference on Sunday, West Gate’s Consultant Ismail Firag told the press that the company intended to develop the area as a phase by phase project with development of the first phase to commence on September 1.

The City Council claimed that the lease agreement had been signed by the City Council and West Gate six months ago, after the project received approval from both the Anti Corruption Commission (ACC) and the Housing Ministry.

Male City Council Member Ibrahim Sujau at the press conference said the council would try its best to make arrangements to ensure that the project was completed smoothly without disruptions.

He added that the decision to complete the project in several phases was made to ensure its smooth completion.

The councillor claimed that area was leased to West Gate for a sum of MVR 400,000 (US$ 25,940.34), approximately MVR 320,000 (US$ 20,752.27) more than the current MVR 80,000 (US$ 5,188.07) a month generated in income generated from the area by the City Council.

Opposition

The opposition Maldivian Democratic Party (MDP)-dominated Male City Council has come under heavy fire from the government over the project as both the Housing Ministry and the Attorney General have voiced against outsourcing of the harbour development.

Shortly following the announcement, Housing Minister Mohamed Muizz dismissed the claim made by the City Council that his ministry had given approval to the project.

Speaking to local newspaper Haveeru, the Minister claimed the city council had not shared anything with the ministry before handing the project over to West Gate.

Muizz further contested that city council could not take such major decisions without consulting the ministry as the West Harbour area is considered an important economic zone in Male’ City.

“It is a very important strategic location in Male’. On the other hand, development of that area is a massive project. They can’t hand over the development of the area without obtaining permission from the ministry. We even do not know how they plan to develop the area. It is an outright lie that we had given them the approval,” he said.

Housing Minister claimed the ministry had previously made a master-plan to develop the area and said that he did not believe the city council could hand the project to West Gate under a new master-plan.

Previously, the housing ministry’s bid to stop the project through the Anti Corruption Commission failed after the commission concluded that there was no corruption involved during the bidding process.

But Muizz claimed that he was determined to stop the project.

“We will look into ways to stop the project. But we have not yet decided what will be our actions. Previously, similar attempts had been made to stop other such projects. But the current legal framework itself has difficulties for such actions,” he said.

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Man sentenced to four years in prison for forcing three Thai women into prostitution

The Criminal Court has sentenced the owner of Sondo Born Beauty Care Salon, 64 year-old Abdul Latheef Ali of Henveiru Philadelphi in Male’, to four years in prison after finding him guilty of running a brothel and forcing three Thai women into prostitution.

Three Thai women – aged 21, 24 and 36 – testified in court that Latheef had forced them into prostitution after bringing them to the Maldives, ostentatiously to work as massage therapists.

Police raided the premises of Sonder Born Beauty Care Salon on 10 September 2012 in a special operation, and discovered a naked Maldivian man with a topless Thai woman inside a room in the house.

In a statement, police said a furth search of the premises revealed a supply of “tools used for sexual activities”.

Abdul Latheef brought the three Thai women into the Maldives through the sponsorship of a company called Asparagus Private Limited – a company also owned by Latheef – and put them work in the Sondo Born Beauty Care Salon, police said.

The three Thai women in their statement to police said they were brought to the Maldives to work as massage therapists but when they arrived Latheef had told them that their job description included having sex, and that if they refused to provide sexual services to customers they would be terminated from their job and sent back to their home country.

The Thai women told police that the customers who visited the salon paid at the counter first and then came inside and made another payment to the women, of which Abdul Latheef received a share.

Police said the Thai women had said they gave Abdul Latheef US$300 (MVR 4600) daily.

According to the women’s testimony, Abdul Latheef also handled the reception counter of the salon and was present during the police raid.

Police also said that when they searched the room where the Thai lady and Maldivian man was discovered, they found a large strash of condoms and pills used for sexual activities, and large amount of money.

The Criminal Court considered all these things as supporting evidence and found Abdul Latheef guilty of the crime.

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AG slams former government over foreign investment “damage” from alleged lack of financial research

Attorney General Azima Shukoor has accused the previous government of failing to conduct sufficient research before signing several major foreign investment projects, that had now been terminated by the present administration.

Azima was quoted by private broadcaster Villa Televison (VTV) (Dhivehi) as claiming that unspecified “economic damage” currently faced by the state had resulted from a lack of economic and legal research by the administration of former President Mohamed Nasheed.

She was quoted in local media arguing that “damages” to the state had resulted from a number of foreign investment projects signed by Nasheed’s administration, including the US$511 million concession agreement signed with GMR to build and manage a new terminal at Ibrahim Nasir International Airport. Azima also raised over another deal with Malaysia-based Nexbis to manage and operate a border control system in the country.

Both agreements have since been terminated by the administration of President Dr Mohamed Waheed, with the Maldives facing a US$1.4 billion compensation claim from GMR after its contract was suddenly declared void in November. The company was then given a seven day notice period to leave before being evicted by authorities.

Nexbis was last week given 14 days to vacate by the government, which likewise terminated its concession agreement with the company.

However immigration officials last week questioned whether  replacement technology was ready to be implemented, in place of the Nexbis system.

Former government response

Responding today to the attorney general’s criticisms, Mahmood Razee, former economic development minister during the Nasheed administration, stressed that the former government had engaged with the World Bank’s International Finance Corporation (IFC) before moving ahead with the airport privatisation program.

As such, he rejected accusations that no research had been conducted before undertaking such a high profile project.

“Clearly this was not a stab in the dark,” Razee said of the deal. “[The World Bank engagement] determined how best to proceed with the airport development for the benefit of the government and the people. After looking at the revenue streams, it was concluded that it was best to move forward with the public private partnership.”

He claimed that aside from potential financial benefits of agreeing the deal, the consortium consisting of GMR and Malaysia Airports Holdings Berhard (MAHB) had been picked based on the companies’ experience in managing other airport projects.

With the deal now terminated, Razee added that it remained critical to secure development at the airport as soon as possible, claiming the current facilities at INIA did not meet the required standards.

Waheed’s government last year accused the IFC itself of negligence during the bidding process for the development of INIA, charges the World Bank rejected at the time.

By June this year, the Maldives’ Anti-Corruption Commission (ACC) ruled out corruptionin the awarding of a concession agreement in June 2010 to the GMR/MAHB consortium. The government meanwhile continues to insist the sudden termination of the contract was in the national interest.

“Cause and effect”

Former Economic Development Minister Razee said the Maldives would remain reliant on development funding for future development projects, which would cost hundreds of millions of dollars out of reach of the government.

With the country now lacking sufficient rating to obtain credit commercially, Razee argued that development funds remained the only means for a country like the Maldives to secure sizeable finance.

The present government’s decision to cancel two major foreign investments would have a “cause and effect”, he suggested.

Should the MDP be elected to power in the presidential election scheduled for next month, the party would have to consider returning to negotiations with GMR in a bid to avoid huge financial fallout from arbitration proceedings now being conducted in Singapore.

He claimed that the cooperation of international bodies such as the World Bank in securing the GMR deal would likely to be sought in other high-profile investment projects sought under an MDP government.

Economic problems

The Maldives National Chamber of Commerce and Industries (MNCCI) meanwhile last month accused senior politicians under successive governments of trivialising the severity of the country’s economic problems.

MNCCI Vice President Ishmael Asif claimed parties were addressing financial concerns and issues impacting foreign investment with negative slogans rather than actual policies in the run up to September’s election.

While accepting the present “bad shape” of the Maldives economy, the chamber of commerce was particularly critical of what it called negative economic campaigning by senior figures in the last two governments – arguing they had done little to address an ongoing shortage of US dollars and a lack of investment banking opportunities and arbitration legislation in the country.

Asif’s comments were made in response to claims by the government-aligned Progressive Party of Maldives (PPM) that foreign investors were now turning away from the Maldives due to concerns about political stability and safety in the country.

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