Month: October 2013

Maldives customs workers suspend strike, give management one week to meet demands

Maldives’ Customs Service workers initiated strike actions on Thursday morning and have threatened a full work stoppage if senior management does not meet their demands by the end of next week.

At 8:30am approximately 90 customs officers began protesting in the main customs building in Male’. They met with Deputy Commissioner General of Customs Mohamed Kamal and other senior management at 10:30am to discuss customs workers’ grievances, communicate their demands, and provide a petition signed by over 250 workers.

As of 11:00am the strikers agreed to give management one week to fulfill their demands and “give a solid answer”, otherwise the strike will restart Thursday.

“From the olden days there has been favoritism and the same thing is still practiced now. We will protest, we won’t stop. These problems should be solved if senior management wants us to be calm,” one of the strike organisers told Minivan News today.

“We decided [to strike] for our children’s future, for their sake we thought we should come out and express ourselves,” the source said. “This is the first time ever customs workers have participated in any strike.”

“We are not fighting for our own individual rights, but for the [customs] staffs’ rights,” the source noted.

Customs workers are aggrieved about senior staff engaging in discriminatory, nepotistic practices, that have led to inequitable promotions, retirement packages, and training opportunities, multiple customs workers told Minivan News today.

“Inequality is very high within customs, people won’t tolerate this,” a source lamented. The source also noted that gender discrimination is a factor impacting women within the government agency.

While “favoritism has been a problem from the beginning”, customs officials noted that these problems have been exacerbated since individuals with education and experience have been overlooked and mistreated by senior staff. “Promotions have not been based on qualifications, these things shouldn’t be happening,” said a customs official.

“On August 15, 2013 senior management met at 12:00am and developed a promotions list in secret. That’s not legal,” the source alleged. The source noted that the promotions criteria was altered to include the subjective “competency” category, however staff were not shown their employment appraisals.

The sources alleged that the promotion grading system has not been adhered to, and instead senior staff have unfairly advanced employees.

“There have been discrepancies in promotions, for example some have received double promotions, while others have not been promoted at all due to their political affiliations,” a customs officer said.

“Promotions have not been lawfully done. The management board includes staff with relatives working under them. They can’t make decisions [regarding promotions] in that state,” said another customs official.

“Some of the senior staff have not attended [the office regularly] and amended their attendance [record], but their status in the human resources [section] says they have attended,” the source noted. “Since there are problems with their performance, how can they objectively evaluate ours?”

In addition to grievances about inequitable promotions, nepotism has led to unfair working conditions as well, a customs official explained.

“Wives and relatives of senior staff are allocated tasks and assigned to sections [within customs] where they only have to work in the morning. There are many sections that require shift duty, but they don’t get assigned shifts,” the source noted.

“Senior staff follow separate rules, they come and go as they please, don’t swipe their finger, and no one is supervising them,” the source continued.

“Recently a case happened regarding a high level shipment, but senior staff instructed us not to fine the shipment and to let it go,” the source added.

Also, employees are being transferred to different departments repeatedly and frequently without reason, according to one source who reported being shifted between three different sections over the last six months.

Another customs official highlighted inadequate working conditions, such as the lack of desks and chairs for some employees, are also problematic for some employees.

The strikers noted that after the promotions were announced in August, they communicated their grievances to the Commissioner General (CG) of Customs, the Home Minister, President Mohamed Waheed, and filed a petition with the Anti-Corruption Committee (ACC).

“The CG said he did what he wanted and no one can do anything about it, the Home Minister said he’d look into it and the President said he’d establish a separate committee to look into the matter,” according to a customs officer. “But still there has been no decision or action taken.”

Customs officers presented a list of demands that include correcting discriminatory practices as well as holding the Human Resource Board of Directors accountable for their corrupt practices.

The board consists of the CG, eight section directors, as well as the human resource section head, customs officials explained.

“The Human Resources Board thinks that this is their company, but this is a government agency,” declared a customs official.

“We are demanding a separate entity be established to deal with promotions and the previous promotions awarded [since August] be cancelled,” the source added.

Some of the customs officers who participated in this morning’s strike claim that senior management told them their protest action was illegal and threatened to fire participants.

“They can fire us, we are ready for that, but they have to fire the board first,” said a customs officer. “We don’t trust [the management] anymore.”

Senior management’s response

Meanwhile, senior customs officials are considering the workers demands but have denied threatening to fire strike participants.

“A group of staff voiced discontent with some aspects of evaluating performance and promotion criteria used, which they claim are unfair,” Deputy Commissioner General of Customs Mohamed Kamal told Minivan News today.

“Management met them and noted the issues. Possible remedial actions are being analysed,” he continued.

“Firing employees are not being considered, that’s speculation,” he added.

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Flight delays as airport ground handling staff call in sick en masse

Ground handling staff at Maldives’ Ibrahim Nasir International Airport (INIA) have called in sick en masse in protest over pay grievances, leading to flight departure delays today.

The Maldives Airports Corporation Ltd (MACL) has downplayed the matter and said “operations at the airport are normal.”

A ground handling staff member who wished to remain anonymous told Minivan News that staff called in sick starting at 11:00 pm on Wednesday. Only eight of the 16 scheduled staff turned up for the night shift, while only four of the 16 scheduled staff reported for the morning and afternoon shifts, the source said.

MACL’s HR Manager Ali Huzaim confirmed that “some ground handling staff have called in sick,” but said the reduced man power had not affected flight departures.

“Labour laws guarantee employees 30 days of sick leave in a year. This is a right they have. There are some who have called in sick in the ground-handling department. However, there have been no flight delays because of reduced manpower,” Huzaim said.

CEO of MACL, Ibrahim ‘Bandu’ Saleem said 10-12 percent of the company’s employees were on leave at any given point and that today was no different.

“Operations are normal at the airport,” Saleem said.

Despite Huzaim’s claim there were no delays in flight departures, ground handling staff told Minivan News that Condor Flight DE 3327, Air India Flight AI 264, Hainan Airline Flight HU 7952, Singapore Airline Flight SQ 461, and British Airways Flight BA 2042 faced between 30-45 minutes delay in departure.

Minivan News confirmed the reports independently. Flights arriving in the Maldives meanwhile experienced only minor delays today.

“MACL has not carried out work appraisals for two years now, which means we do not get any promotions. The company regulations stipulate that a percentage of profits be distributed among the company’s staff. However, that has not happened. Further, we still continue to turn up to work in GMR’s uniforms,” they said.

GMR-MAHB won a concession agreement to manage and upgrade Ibrahim Nasir International Airport (INIA) under the Maldivian Democratic Party (MDP) administration, which was ousted from power on 7 February 2012 amid protests and a police mutiny.

The new government, comprising a coalition of former opposition parties under current President Mohamed Waheed, declared in late 2012 that GMR-MAHB’s agreement was ‘void ab initio’ (invalid from the outset) and gave the developer seven days’ notice to leave the country.

“We have had several meetings with [MACL management] about our grievances, but we have had no response from them,” the source added.

Meanwhile, Air Traffic Controllers (ATC) who started calling in sick en masse on Sunday, Monday, Tuesday and Wednesday have resumed work following a Wednesday night meeting with Saleem, an air traffic controller who wished to remain anonymous told Minivan News.

The ATCs are demanding the reinstatement of a professional grading system, adherence to International Civil Aviation Organisation (ICAO), and the holding of the presidential run-off election that remains suspended by the Supreme Court.

On Wednesday, MACL denied the delays from the ATCs calling in sick; however, pilots and Trans Maldivian Airways confirmed some delays due to the protest.

Ahmed Fazeel, Business Development Manager at Trans Maldivian said although seaplanes were operating without any delays today, the company had experienced delays on Wednesday because of “something to do with the air traffic controllers.”

Staff at Maldives Customs Services also stopped work today in protest over corruption and unequal treatment of employees.

The Tourism Employees Association of the Maldives (TEAM) and Maldives Ports Workers Union (MPWU) last week threatened prolonged strikes over the Supreme Court’s order to delay elections in an ongoing case filed by Jumhooree Party to annul the first round of presidential elections held on September 7.

The two organisations have told Minivan News they are waiting on the Supreme Court verdict to decide how to proceed.

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Waheed and Nasheed hold first meeting since power transfer

Former President Mohamed Nasheed met with his successor Dr Mohamed Waheed Hassan yesterday evening for the first time since the former’s controversial resignation in February last year.

Meeting at the president’s official residence – Muleeage – at 9pm, the encounter lasted around fifteen minutes before Nasheed left without speaking to the press.

A subsequent Maldivian Democratic Party (MDP) statement said that the discussion had included Nasheed’s concern at the delayed run-off election following the Supreme Court rulings ordering the cessation of preparations – by force if necessary.

The court is reported to be working around the clock to reach a conclusion in the Jumhooree Party’s (JP) case, which has requested an annulment due to what it allegs were systemic failings during the first poll.

Despite President Waheed’s hopes that the court reach a decision as soon as possible, none has been forthcoming since the concluding statements were heard one week ago.

A President’s Office statement today noted Waheed’s desire to see a smooth transfer of power to the eventual winner of the election.

Addressing the nation earlier in the day, Waheed said that verification of election related complaints was vital.

“Presidential candidates, political parties, individual citizens, foreign organisations and nations are all waiting to see the election being held as quickly as possible and to see the new president take oath on November 11,” said President Waheed.

The constitution mandates that a new president take office by November 11, a schedule the Elections Commissioner has said cannot now be met.

Both MDP and President’s Office statements claimed that the meeting had been requested by the other attendee.

Waheed assumed office within hours of Nasheed’s unexpected resignation, in what Waheed has insisted was a constitutionally prescribed procedure.

Nasheed would soon claim that his resignation had come under duress, publicly labelling Waheed as a conspirator in his demise and a ‘baghee’ (‘traitor’).

Whilst Nasheed topped the first round of polling on September 7 with 45.45% of the vote, Waheed’s ‘Forward with the Nation’ coalition gained just 5%.

The final result was due to be followed by a run-off on September 28 between Nasheed’s MDP and second-placed candidate Abdulla Yameen of the Progressive Party of Maldives before third-placed candidate Gasim Ibrahim’s JP took his complaints to the Supreme Court.

Gasim – who himself met with Nasheed two weeks ago to discuss the maintenance of national interest and maintaining stability and public order – missed out on the run-off by less than three thousand votes.

Supporters of Nasheed have protested for six consecutive nights following the decision to indefinitely delay the run-off.

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Defence and prosecution call the same witnesses as MP’s alcohol trial continues

The Prosecutor General’s (PG) Office has today told the Criminal Court that it has 11 witnesses against Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor, proving that he was in possession of – and under the influence of – alcohol when arrested on the island of Hondaidhoo last November.

During today’s hearing the PG’s lawyers said that the 11 witnesses were police officers in the team that raided Hondaidhoo, and that in addition to the 11 witnesses there were two experts that examined the alcohol found on the island and the related documents showing the test results.

Meanwhile, MP Hamid also submitted eight police officers as witnesses in his defence as well as the two experts that examined the alcohol.

The presiding judge told Hamid that some of the police officers that he had submitted as witnesses in his defence were police officers has been named as witnesses for the prosecution, meaning that he would he would have to change witnesses.

Hamid submitted the witnesses to prove to the court that the alcohol found on Hondaidhoo island did not belong to him and that police had illegally arrested him.

The hearing into MDP MP Abdulla Jabir’s case – also concerning the possession and use of alcohol – was scheduled for today but was cancelled due to the defendant being out of the country.

The trial of the third person charged – Jadhulla Jameel – trial was conducted in the Criminal Court today with state lawyers read out the charges against him, before his lawyers were asked to respond to the charges.

His lawyer said that the charges did not specify that Jadhulla had consumed or possessed alcohol.

A total of 10 people were taken into police custody on November 16 after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of suspected drugs and alcohol upon searching the island.

Senior MDP members – who had held top portfolios in the the government of former President Mohamed Nasheed – were arrested in the case, including former Press Secretary Mohamed Zuhair and his wife Mariyam Faiza, as well as Nasheed’s Special Envoy Ibrahim Hussain Zaki and his son.

The state is also pursuing separate charges against MP Hamid in relation to his subsequent failure to provide a urine test.

According to the Drug Act, Sections 123(a), 161(a) and 161(b), any person arrested on suspicion of having abused alcohol or narcotics has an obligation to comply with police requests for routine urine examination by promptly providing urine samples, and failure to comply is a criminal offence punishable with a one-year jail sentence.

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MNDF introduces regulations against officers inciting ‘upheaval and chaos’

The Maldives National Defense Force (MNDF) has amended its regulations to impose punishments on officers found guilty of inciting ‘upheaval and chaos’, as rumours of possible disgruntlement among military personnel spreads across social media.

The Military Act amendment, which focuses on conduct by officers to support a coup or “chaos” in the armed forces, comes shortly after the MNDF issued a statement of condemnation, claiming that some media outlets had been “sowing discord and disorder in the military.”

Within hours of the amendment coming into force, First Lieutenant Abdulla Shareef was handed an ‘indefinite suspension’ from the service on the grounds that he was found guilty of attempting to cause upheaval and chaos within the military rank.

The new amendment, which came into force on Wednesday (October 3) will be included as the 22nd chapter of the Military Regulation. The document was quickly leaked onto twitter.

The introductory provision of the amendment (Page 1 and Page 2) states: “This is the chapter that defines the ‘upheaval and chaos’ mentioned in the Section 33 of the Military Act which states upheavals and chaos that are incited through speech, writing, action or gesture amongst members of the military.”

Section 33 of the Military Act states – “Any officer who orchestrates a coup, or incites upheaval and chaos within the military, or attempts to commit such an act, or supports such an act, or remains silent whilst having knowledge of such attempts, or delays in informing of such an attempt, is held liable under this act.”

The new definition of incitement of ‘upheaval and chaos’ laid down in the new amendment includes:

  • Making demands through petitions drawn among two or more officers
  • Displaying content that could sow discord and disorder amongst military flanks through speech, writing, graphical depictions, photographs or any other means
  • Speech or conduct that amounts to doubts and questions being raised about the legality of an order given to the officers or a group of officers and
  • Incitement of hatred and false allegations towards the upper ranks of the military.

The amendment also states that any officer whose actions or attempts to incite action fall within the ambit of the definition laid down would face administrative action and penalties.

A snapshot of the announcement obtained by Minivan News stated that accusations levied against First Lieutenant Shareef had been confirmed by statements from other MNDF officials questioned during an internal investigation.

Therefore First Lieutenant Shareef had been suspended under the section 4(a) of the MNDF Employment Regulation, read the announcement.

MNDF Spokesperson Colonel Abdul Raheem confirmed to Minivan News that the amendment to the regulations had been enforced, as well the suspension of First Lieutenant Shareef.

Letter of concern and resignation of First Lieutenant Mohamed Haleem

On Monday (October 3), senior officers in the MNDF sent a “letter of concern” to Chief of Defence Force Major-General Ahmed Shiyam, following the failure of the country to hold scheduled elections on September 28.

Colonel Raheem – a signatory of the letter himself – has confirmed the authenticity of the letter, telling Minivan News earlier this week that the letter had been intended to inform the MNDF leadership of their “concerns about political turbulence in the country right now and how the military should plan and prepare for it”.

Another officer who signed the letter told Minivan News on condition of anonymity:

“This is not a petition. It is a letter of concern over the Supreme Court’s order to delay elections, the failure of state institutions, and the possible politicisation of the military, and asking that unconstitutional orders not be issued.”

The officer also said that the letter had been signed by ranks including Generals, Colonels, Lieutenant Colonels, Captains, First Lieutenants, Sergeant Majors and Warrant Officers.

A copy of the letter obtained by Minivan News showed that the suspended First Lieutenant Shareef was also a signatory of the letter.

Other signatories included Brigadier General Abdulla Shamaal, Colonel Hamid Shafeeq, Colonel Ahmed Jihad, Lance Colonel Nasrulla Majdee, Captain Abdul Muizz, Lance Colonel Ibrahim Hilmy, Sergeant Major Hassan Fawaz, Sergeant Major Naushad Ali, and Captain Hassan Amir.

Colonel Mohamed Ziyad – who is also facing criminal prosecution for his alleged role in controversial detention of Chief Judge of Criminal Court Abdulla Mohamed – is also a signatory to the document.

The signature of former Military Intelligence Head Brigadier General Ahmed Nilam– who testified in parliament stating that controversial ousting of former President Mohamed Nasheed on February 2012 had all the essentials of a coup d’etat – is also on the document. Nilam remains under suspension after being relieved of his duties in January.

The first letter – which preceded an internal shuffle, including a marine commander being switched to another unit – was followed by a second piece of correspondence in which First Lieutenant Mohamed Haleem requested resignation from the defense force over “difficulties in executing his duties”.

“I do not believe the security services are currently adhering to the constitutional provisions stated in articles 237 and 238. Also, while the spirit of article 246 of the constitution is, to refrain from political affiliations and to treat equally among the people and different groups, respecting the principles of Islam and human dignity, I do not see this currently happening [within the security services],” First Lieutenant Haleem stated in the letter.

“For the last 23 years [of my military service], I have served this country under a solemn oath taken in the name of Allah, I do not see any way that I can carry out my duties as prescribed in the constitution and the military act, while in this position, therefore I request you to relieve me from my duties,” he concluded.

General Didi appeals the MNDF to uphold the law

Former Brigadier General Ibrahim Mohamed Didi – regarded as a hero for his exploits during the 1988 Tamil coup attempt – also issued a letter over social media earlier this week.

“Given the sad state of affairs this country has fallen to, as a person who came out to sacrifice my life to protect holy Islam and this nation when required, as a person who would still take any action required in the best interest of this country, people and religion and as a person who has been trained and acquired military expertise at the expense of the public funds, I could not remain silent today. I believe it is a national and a religious duty to say something on the issue,” he wrote.

“My advice to the military officers is: ‘Do not give the opportunity to anyone who plans to rule this country by taking the laws to their own hands and override the constitution and undermine the constitutional framework of this country’,” wrote Didi, who was the Male’ Area Commander during the 7 February 2012 controversial power transfer before resigning “prematurely” from his 32 year career on July 16, 2012.

A similar plea was also made by President Dr Mohamed Waheed Hassan in an address to the nation this week, during which he called upon security services to “prioritise the greater interest of this state”.

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STO signs agreement with Allied Insurance to develop 10 story shopping building

The State Trading Organization (STO) has today signed an agreement with Allied Insurance to develop a 10 story shopping building to be named ‘Umar Shopping Arcade.”

In a statement issued today the STO said that the project of building the building had been awarded to Amin Construction Pvt Ltd.

STO said that that building was designed by Arcade Pvt Ltd and the building would have to be completed in 12 months according to the project.

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Fire outbreak in workshop next to EC president’s house

Local media has reported that last night there was a fire outbreak in a workshop next to Elections Commission (EC) president Fuwad Thowfeek’s house.

According to the media the incident occurred last night at about 10:30pm.

Owner of the workshop has told newspaper Sun Online that the incident occurred when someone threw ashes down on the workshop roof causing a tire to catch fire.

According to the newspapers the fire was controlled quickly before it could spread.

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Comment: Yameen the Meek

So much for ‘Yameen The Strong’, the tough, gunda boss: alleged purveyor of illegal oil to the Burmese Junta and other illegal substances to Male’s youth. Instead, he should be known as Yameen The Chicken, or Yameen The Meek.

For Abdulla Yameen is clearly scared of the Maldivian electorate, and afraid of losing the second round presidential polls. Why else would he conspire with half-brother Gayoom to get the Supreme Court to indefinitely postpone the vote? There can only be one explanation for PPM’s delaying tactics: Yameen knows that in a second round fight, the MDP’s Mohamed Nasheed will kick his ass.

Yameen’s election campaign has been lacklustre at best. He rarely campaigns, his policies sound as if they are made up as he goes along and, as I pointed out in my previous column, Yameen seems incapable of dropping his semi-permanent and voter-off-putting sneer.

Yameen barely scraped second place in the first round on 7 September, despite inheriting the second largest political operation in the country: the PPM. Yameen acquired a paltry 25.35 percent of the vote, to Nasheed’s 45.45 percent. Since then, the DRP has joined forces with Nasheed, likely pushing his vote above 50 percent and leaving Yameen’s campaign in big trouble.

And so, rather than choosing to man-up and fight Nasheed head-on, Yameen has hidden behind a bench of thieves, porn-stars and illiterates otherwise known as the Supreme Court of the Republic of Maldives.

The Supreme Court has entertained a ludicrous case about voter irregularities by third-placed Gasim Ibrahim – another Gayoom stooge. This farcical trial, involving witnesses “who heard from someone there was voter fraud”, has been used by the court to delay the second round indefinitely, despite numerous foreign and local election observers praising the vote for being free and fair.

Yameen’s gambit appears to be to delay the second round for as long as possible – perhaps until the New Year – so, in the words of his lawyer, PPM has “time to campaign.” Or maybe his game-plan is to get rid of the Elections Commission, so his mate Abdulla Riyaz – Police Commissioner and coup d’état perpetrator extraordinaire – can take over the voting process and rig it in Yameen’s favour.

Yameen’s running mate, Mohamed ‘Angry Bird’ Jameel has even muttered dark thoughts about disqualifying Nasheed from the race entirely, by re-starting the politicised trial against him over his decision, when president, to detain a corrupt judge.

Yameen’s undemocratic (and unconstitutional) behaviour might not be surprising. He is, after all, the little brother of a vicious dictator. But it does smack of cowardice. Because leaders – real leaders, that is – don’t hide. They don’t cower. And they don’t duck out of a fight, and get big brother to fight it for them.

Yameen has been accused of many things since the start of the election campaign. Hassan Saeed vowed to put Yameen on trial for the theft of US$800 million of state-owned oil, which Yameen allegedly stole while head of STO. Umar Naseer claimed Yameen peddles drugs, and pays street gangs to attack his political opponents. Mohamed Nasheed has called on people to be “mindful” of Yameen’s dark past and dodgy character.

But now the PPM candidate faces a new charge. One that, for an aspiring Head of State, is perhaps most damaging of all: that he is a chicken and a coward. He is Yameen The Meek.

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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Former fisheries minister faces corruption charges over lease of Thun’bafushi to Champa Moosa

The Anti-Corruption Commission (ACC) has asked the Prosecutor General’s Office (PGO) to press corruption charges against former Fisheries and Agriculture Minister Abdulla Kamalludheen for alleged abuse of power to unduly benefit a third party.

The ACC said in a press statement on Wednesday (October 2) that Kamalludheen renewed the lease for Kaafu Thun’bafushi in November 2006 despite multiple violations of the agreement by the leaseholder – business magnate ‘Champa’ Mohamed Moosa.

Based on documents from the fisheries ministry and the former minister’s testimony, the ACC found that Kamalludheen was aware that dredging, construction of a seawall, and reclamation work was done in Thun’bafushi without either conducting an Environment Impact Assessment (EIA) or seeking authorisation from the government.

Moreover, the island was used without a lease agreement from August 2004 to November 2006, the ACC noted, after the agreement expired.

The initial agreement signed in August 1999 authorised the government to reclaim the island with 15 day’s notice if any clauses were violated.

The ACC found that Kamalludheen informed the President’s Office in 2004 that the ministry did not invoke the clause to terminate the agreement as the illegal actions could not be undone.

The former fisheries minister told ACC investigators that, as senior officials and staff from the ministry frequently visited the island, “it cannot be said that the work carried out in Thun’bafushi was done without the ministry’s knowledge”.

While Kamalludheen claimed that the decision to renew the lease was made following consultation with the President’s Office, the ACC contended that the minister had to bear responsibility for “losses to the state” due to his culpability or negligence.

Abdulla Kamalludheen served as fisheries minister and home minister in the cabinet of former President Maumoon Abdul Gayoom. He is currently a senior member of the Jumhooree Party (JP) and was involved in campaigning for JP presidential candidate, business tycoon Gasim Ibrahim.

“Environmental criminal”

In June 2011, the Environment Protection Agency (EPA) labelled Champa Moosa “an environmental criminal” and fined him the maximum penalty of MVR100 million (US$6.5 million) for irreversibly damaging the marine ecosystem around Thun’bafushi.

“This was originally a reef ecosystem with a small sand bank in the middle, but he has been dredging the island without any clearance and the changes are now irreversible,” EPA Director Ibrahim Naeem told Minivan News at the time.

After three surveys of the area, the EPA had assessed the damage as amounting to MVR2.2 billion (US$144.6 million), not including the impact of sedimentation from the dredging which can smother coral kilometres from the site.

A foreign consultant who was involved in surveying the island told Minivan News that the area “seems to have been used as a dumping ground.”

“There were what looked like hundreds of used car batteries, waste metals and oil drums leeching into the marine environment,” the consultant said.

Fine overturned

In November 2011, the Civil Court overturned the EPA’s MVR100 million fine on the grounds that the administrative action was not “lawful, procedurally fair, and expeditious” as required by article 43 of the constitution.

The judge ruled that the EPA had not given Champa Moosa adequate opportunities to respond to the allegations, which made the administrative procedure “unfair.”

Naeem however insisted that the EPA had given all necessary documents to Champa and that he had been given “more than enough time to prepare his appeal.”

Several days after Champa was issued the fine in June 2011, the then-Director General of the EPA Mohamed Zuhair suddenly resigned from the post, publicly stating on DhiTV – a private broadcaster owned by Champa – that his departure was due to “political interference” in the EPA’s fining of the tycoon.

Environment Minister Mohamed Aslam however claimed that Zuhair had decided to take a voluntary redundancy package three weeks before his sudden departure, which rendered him ineligible for the lump sum pay out.

“This is Champa building his court case by attempting to question the independence of the EPA,” Aslam alleged at the time, noting that as the EPA’s Director General, Zuhair’s signature was on all the correspondence with Champa, including the notice informing him of the fine.

Champa Mohamed Moosa with former President Gayoom
Champa Mohamed Moosa with former President Gayoom

Naeem meanwhile expressed surprise at Zuhair’s DhiTV appearance, noting that “[Zuhair] was the guy who signed the letter [fining Champa]. Why would he have done so if he was not happy about it?”

Zuhair’s sudden resignation following the fining meant he had forfeited his entitlement to the redundancy package he had applied for, Aslam noted.

“Thun’bafushi has been an issue long before we took office,” Aslam said, explaining that the previous administration had initially rented the island to Champa for MVR100 a year (US$6.40) under an agreement that stipulated that he “not do anything detrimental to the environment – he was allowed to grow trees and monitor the shifting of the islands. He was not allowed to reclaim or extend the island.”

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