MP Hamid calls for Majlis intervention to overturn Criminal Court sentence

Maldivian Democratic Party (MDP) MP Hamid Abdul Gafoor has called on Members of Parliament to intervene in a High Court appeal to overturn a Criminal Court six month jail term issued in absentia.

Criminal Court Chief Justice Abdulla Mohamed handed Hamid a six month sentence for disobedience to order after the MP refused to attend a separate trial over refusal to provide urine.

Hamid contends the Criminal Court’ summons were unlawful as hearings for the urine trial were scheduled during Majlis work hours in violation of the Parliamentary Privileges and Powers Act. He then sought refuge inside the Parliament House when the Criminal Court ordered the police to arrest him and present him at court.

“The Criminal Court first issued court summons in contravention to the Parliamentary Privileges Act and then sentenced me in absentia for making use of my parliamentary privileges,” Hamid said.

Hamid filed an appeal at the High Court to overturn the Criminal Court’s sentence but the case was dismissed today when Hamid’s lawyers failed to attend the hearing over an administrative error. Lawyers will resubmit the case tomorrow, he said.

Claiming the Criminal Court sentence endangers all MPs, Hamid said: “I call on all Members of Parliament to intervene in this case. This is not about refusal to provide urine. This sentence has clearly violated parliamentary privileges.”

Today is Hamid’s 28th day inside the Parliament House.

In a letter to the Speaker Abdulla Shahid, Prosecutor General Ahmed Muizz said Judge Abdulla has acted against the norms in Hamid’s case.

Hence, People’s Majlis Speaker Abdulla Shahid has written to Chief Justice Ahmed Faiz to overturn the sentence contending the ruling violates the privileges afforded to MPs in the Parliamentary Powers and Privileges Act.

MP Riyaz Rasheed raised a point of order during today’s Majlis sitting to debate the state budget over Hamid’s “unlawful” presence in the Majlis.

In response, Shahid said he has asked the Chief Justice to advise him on the issue and stated: “As the Majlis Speaker I must uphold the laws you, honorable MPs, have passed when rulings against an MP is issued in violation of the privileges afforded to an MP in the Parliamentary Privileges Act and when such rulings are being implemented.”

Hamid has said the Criminal Court was on a “personalized hunt” for him and added: “I believe the objective of these show trials with manufactured narratives of drinking is a smear campaign targeted at reducing the number of my party Maldivian Democratic Party (MDP) MPs.”

The Inter Parliamentary Union has expressed concern over “the frequent intimidation, harassment and attack of MPs as they go about their work.”

A total of eight MDP MPs currently face criminal charges whilst MDP MP Ali Azim and MDP aligned Dhivehi Rayyithunge Party (DRP) MP Mohamed Nashiz were disqualified from their seats by the Supreme Court in a controversial ruling over decreed debt in October.

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Thasmeen resigns as DRP leader

MP for Baa Kendhoo Ahmed Thasmeen Ali has resigned as the leader of the Dhivehi Rayyithunge Party (DRP) today.

The former running mate of both former Presidents Maumoon Abdul Gayoom and Dr Mohamed Waheed in 2008 and 2013, respectively, backed the Maldivian Democratic Party (MDP) candidate Mohamed Nasheed in this year’s presidential election.

Following his resignation, Thasmen told local media that he believes the development that the public wishes for could only be brought by the MDP.

A DRP council meeting was scheduled for later today to appoint an interim leader. The party’s charter or regulations stipulates that a new leader must be elected within 60 days.

Local media reported that MP ‘Colonel’ Mohamed Nasheed has been nominated as the interim leader.

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STO MD replaced with Defence Minister’s brother

State Trading Organisation (STO) Managing Director Shahid Ali has been dismissed from the post and replaced by Adam Azim, formerly the government-owned company’s General Manager.

Shahid confirmed his dismissal by the incoming administration of President Abdulla Yameen to local media and made parting remarks to his staff today.

The new MD is the brother of President Yameen’s newly reappointed Defence Minister Colonel (Retired) Mohamed Nazim.

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MDP MPs call on government to fulfil pledges as budget debate begins

The parliamentary debate on the budget proposed for 2014 began today with MPs of the opposition Maldivian Democratic Party (MDP) calling on the newly-elected coalition government to fulfil its campaign pledges.

MDP MP Ali Waheed urged the new administration to submit its legislative agenda to parliament and incorporate its policies in next year’s budget.

“Very big promises have been made to the people. Our grandmothers and grandfathers want MVR5,000 (US$325) in their accounts at the end of this month, MVR5,000 each, so total MVR10,000 if it’s a couple.

“Each of our citizens want a doctor in our homes at the end of the month [as pledged by the PPM]. They are clearing out the room intended for the guesthouse for the new doctor. Our fishermen are expecting MVR10,000 a month subsidies (US$650). Fishing is not too good right now,” he said.

Referring to the Progressive Party of Maldives’ (PPM) pledges to raise the old age pension and designate a doctor for each family, Ali Waheed said the opposition party would vote for a budget that reflected the campaign promises.

“Our responsibility is to be the people’s eyes in this Majlis. People want us to watch over and hold this government accountable,” the MDP deputy parliamentary group leader said.

Most MPs suggested that the new government should be able to submit a revised budget based on the PPM manifesto.

Speaker Abdulla Shahid explained that amendments brought to the Public Finance Act stipulates that the budget must be submitted by the end of October. Parliamentary rules however allow the government to “include components of their new budget” through the Budget Review Committee, he said.

Reappointed Finance Minister Abdulla Jihad told local media today that the government did not plan to submit a supplementary budget or reduce recurrent expenditure but would propose changes to the Public Sector Investment Program (PSIP).

Jihad stressed that the proposed revenue raising measures should be approved by parliament to finance new infrastructure projects.

The measures include hiking T-GST (Tourism Goods and Services Tax) to 12 percent from 8 percent, revising import duties, deferring abolishing the tourism bed tax for one more year, raising the airport departure charge from foreign passengers from US$18 to US$25, leasing 12 islands for resort development and introducing GST for telecommunication services (currently exempt from the tax).

During today’s debate, MP for Shaviyani Kanditheemu, Mohamed Hussain, who left the Dhivehi Rayyithunge Party (DRP) in April and remains an independent, said there were “serious problems” with the budget and that 2013 was an “empty year” for his constituency.

None of the projects included in the 2013 budget for the islands he represent was carried out this year, he said, while some have been omitted from the 2014 budget.

Former President Dr Mohamed Waheed laid the foundation stones for a new school and mosque in Shaviyani Feydhoo in January, he added, but the projects did not commence and were not included in next year’s budget.

DRP MP Hassan Latheef, who represents the Hithadhoo south constituency in Addu City, said there were no projects for the southernmost atoll apart from establishing water and sanitation systems.

Latheef objected to only MVR45 million (US$2.9 million) allocated for Addu City, which he contended was disproportionate for a population of 32,000.

MDP MP Mohamed Riyaz meanwhile expressed concern with the PPM backtracking on its pledges, by claiming that campaign banners with these promises were put up by supporters rather than the party itself.

Pro-government MPs

PPM MP Abdul Azeez Jamal Abubakur appealed for new sources of revenue and cost-cutting measures to be included in the budget.

Azeez also noted that projects in the 2013 budget for his constituency in Laamu Maavah did not proceed and have been omitted from next year’s budget.

PPM MP Ahmed ‘Redwave’ Saleem urged the government to reduce MVR2 billion (US$129 million) from recurrent expenditure, which accounts for 73 percent of government spending.

PPM MP Abdulla Raheem Abdulla meanwhile thanked opposition MPs for assuring their assistance and cooperation to the new administration.

The PPM deputy leader also said that the budget had to be revised for the PPM to deliver on its campaign pledges. He added that the government would provide the financial benefits that were promised.

“The budget has to be prepared in a way that we can fulfil the promises,” he said.

Several MPs expressed concern with the high recurrent expenditure compared to capital investments. While the projected revenue for 2014 is MVR13.9 billion (US$901 million), recurrent expenditure – wages, subsidies and administrative costs – stands at MVR12 billion (US$778 million).

The budget deficit is estimated to be MVR988 million (US$64 million) or 2.5 percent of GDP, according to the Finance Ministry.

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International community welcomes end of democratic uncertainty, notes high voter turnout

The international community has welcomed the conclusion of the Maldivian electoral process, after two months and six attempts at polls that suffered delays, annulments and obstruction.

Progressive Party of the Maldives (PPM) candidate Abdulla Yameen was sworn in as President yesterday, after a last-minute coalition with resort tycoon Gasim Ibrahim netted him 51.39 percent in Saturday’s run-off vote against former President Mohamed Nasheed.

The Commonwealth Ministerial Action Group (CMAG) recalled its earlier decision to place the Maldives on its agenda due to concerns about democratic progress in the country.

“Ministers welcomed the successful conclusion of the presidential election and noted the interim statement of the Commonwealth Observer Group, which stated that the election had been “credible and peaceful”. They congratulated the people of Maldives for showing their firm commitment to democracy, and for exercising their franchise in record numbers,” read a statement.

UN Secretary-General Ban Ki-moon also observed in a statement that people in the Maldives “turned out to vote in impressive numbers, showing their determination to choose their next president, despite the many obstacles and delays.”

“The close contest highlights the need for the new administration to engage the opposition in a constructive manner and to lead the country in the interest of all Maldivians,” the UN statement read.

“The Secretary-General strongly urges all political leaders, state institutions and the Maldivian people to work urgently toward genuine reconciliation and to advance the country’s democratic process through long-term institutional reforms, in particular strengthening the judiciary and accountability mechanisms, and promoting a national dialogue.”

The UK’s State Minister for the Foreign and Commonwealth Office, Hugo Swire, said he “congratulates the people of the Maldives for showing their commitment to democracy, as evidenced by the very high turnout in the presidential election.”

“I urge the new government and the opposition to work together constructively in the interests of all Maldivians and to avoid any acts of recrimination or retribution,” said Swire, who is currently visiting the Maldives,

“It is important that the forthcoming local and parliamentary elections go ahead in line with work of the Elections Commission and are not subject to the delay and legal interventions that marred the presidential elections. The UK looks forward to working with the new government,” he added.

The US Embassy in Colombo congratulated Yameen on his election as president, noting that “extraordinarily high turnout on November 16 was a tribute to the Maldivian people’s commitment to the democratic process and democratic values. The United States Government reiterates its friendship with the Maldivian people as they work to build a peaceful and prosperous future.”

Canadian Foreign Minister John Baird declared: “After a turbulent period in the Maldives’ young democracy, a new government has finally been elected. Canada congratulates the people of the Maldives for once again exercising their fundamental democratic right to vote in a peaceful manner, under the capable stewardship of the Elections Commission.”

“Confidence in the democratic process has been seriously undermined since the events of last year, particularly by the Supreme Court’s repeated delays to this election,” Baird noted.

“After such a close result, it is now incumbent upon President Abdulla Yameen to begin the process of reconciliation and govern for the whole country. Former President Mohamed Nasheed, the nation’s first democratically elected President, has shown magnanimity in defeat, and hopes for the future will be raised if all parties come together to establish positive working relations,” he stated.

“Democracy is not just about the counting of ballot papers – it is about principled voting, a strong civil society, a trusted judiciary, free media, effective opposition and responsible governance. It is a journey, not a destination. Canada and the international community will remain watchful for progress in this journey.”

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Bangladesh to reopen worker migration to the Maldives

Bangladesh will lift the ban on worker migration to the Maldives after a government delegation was sent to investigate allegations of fraudulent recruitment, forced labour and migrant unemployment.

In September Minivan News reported that the Bangladesh’s Bureau of Manpower, Employment and Training (BMET) had prohibited immigration over concerns that labourers were being lured to the Maldives with the promise of jobs, only to find themselves unemployed and unable to return to their home country.

BMET Director General Begum Shamsun Nahar told the Dhaka Tribune that “a delegation went to Maldives recently and found that our workers are all employed there.”

However he noted that the wages in the Maldives were low while the migration cost was high, with the average worker spending around Tk 2,00,000 (US$2500) to go to country, despite earning only US$150-190 per month.

The Dhaka Tribune noted that while the Maldivian government’s data put the number of Bangladeshi workers at 80 000, BMET had only recorded the departure of 28,000 workers since 1976.

The head of the delegation to the Maldives, Deputy Secretary of the Expatriates’ Welfare Ministry Badiur Rahman told the Tribune that workers were using middlemen to bypass immigration procedures, “and overcome the limited interest of Maldivians in becoming labourers.”

According to Mohamed Ali Janah, former President of the Maldives Association of Construction Industry (MACI), the lack of a functioning labour management system combined with this domestic labour shortage prohibits employers from recruiting legitimate workers amongst the expatriate population.

Janah estimated earlier this year that the country’s illegal foreign workforce was potentially at 100,000 people, he said the failure to implement a functioning system of labour management in the Maldives had made it hugely difficult to find legitimate workers among the expatriate population.

“Why would we want to hire potentially illegal labour, we don’t know who these people are,” he said. “We have a huge number of projects in the country right now, so we will have to find the people to work, even if it is from China or Cambodia or another country.”

The Maldives was this year placed on the US State Department’s Tier Two Watch List for Human Trafficking for the fourth consecutive year.

As with last year’s report, the country avoided a downgrade to the lowest tier “because [the] government has a written plan that, if implemented, would constitute making significant efforts to meet the minimum standards for the elimination of trafficking.”

However US Ambassador-at-large for the Office to Monitor and Combat Trafficking in Persons, Luis CdeBaca, noted during the release of the report that the six countries again spared a downgrade would not be eligible next year – including Afghanistan, Barbados, Chad, Malaysia, Thailand and the Maldives.

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President Yameen appoints five ministers to cabinet

President Yameen Abdul Gayoom has reappointed four incumbent ministers to his cabinet and his niece Dunya Maumoon as Minister of Foreign Affairs, at a ceremony held at the President’s Office at 8:30pm last night.

Retired Colonel Mohamed Nazim was reappointed to the post of Minister of Defense and National Security, Abdulla Jihad as Minister of Finance and Treasury, Ahmed Adheeb as Minister of Tourism and Ameen Ibrahim as Minister of Transport and Communication.

Nazim was a key figure in the ousting of former President Mohamed Nasheed. In the last months of Dr Waheed’s presidency, Nazim dealt with dissent within the military ranks, suspending several officers for petitions expressing concern over presidential poll delays. Nazim also amended the Military Act adding a clause punishing incitement of chaos and upheaval in the military.

Dunya Maumoon is the daughter of former president of 30 years Maumoon Abdul Gayoom and niece to President Yameen. She served as the State Minister for Foreign Affairs under former President Dr Mohamed Waheed Hassan.

Dunya was a key figure in defending the legitimacy of Dr Waheed’s cabinet in the international community following Nasheed’s allegations of coup d’état. She had previously served as the Assistant Representative of the Maldives Office of the UNFPA and held the post of Deputy Minister of Foreign Affairs from 2007-2008 during her father’s tenure.

Abdulla Jihad also served in President Gayoom’s cabinet in 2008 and went on to become a Civil Service Commission (CSC) member in 2010. When Dr Waheed assumed the presidency, Jihad was sworn in as Minister of Finance in March 2012.

Before Adheeb was appointed as Tourism Minister in Dr Waheed’s cabinet, he held the post of the President of the Maldives National Chamber of Commerce and Industry (MNCCI) and was a well known critic of Nasheed’s economic policies. Under his leadership, the MNCCI made a failed attempt in court to halt the enactment of the Goods and Services Tax (GST) Act, citing worse economic ramifications and violations of law.

During his tenure in Dr Waheed’s cabinet, Adheeb was embroiled in a controversy involving the infamous pair of Armenian brothers linked with drug trafficking, money laundering, raids on media outlets and other serious crimes in Kenya.

Transport Minister Ameen has also served in key political positions in Gayoom’s presidency including Deputy Minister of Gender and Family and went on to become the Chief Executive Office of Villa TV. He is a member of presidential candidate Qasim Ibrahim’s Jumhooree Party (JP).

After Chief Justice Ahmed Faiz administered the oath of office, Yameen asked his ministers to serve the state with sincerity and hard work to the best of their ability

Following the oath ceremony, Yameen met with the senior officers of the Maldives National Defense Forces (MNDF) and pledged to strengthen the military. The MNDF greeted the commander in chief with a guard of honour and the national anthem at Bandaara Koshi.

Yameen also met with senior Maldives Police Services (MPS) officers including Police Commissioner Abdulla Riyaz and Deputy Police Commissioner Hussein Waheed at the Iskandhar Building.

According to the police, Yameen noted that the MPS is a noble service, but police officers faced public resentment and anger as they worked in the frontline of law enforcement. However, Yameen said he believed the public took pride in the MPS.

The President requested individual police officers to work within the law and uphold good behavior and assured the MPS he would develop the police service during his tenure. He also asked the police to expedite investigations and the process of issuing criminal record reports for youth when they apply for jobs.

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