Day: December 16, 2013

Majlis passes landmark Anti-Torture Act, Prisons and Parole Act

The People’s Majlis voted unanimously today to pass the landmark Anti-Torture Act, and the Prisons and Parole Act.

The Anti-Torture Act declares freedom from torture as a fundamental right, penalises torture, ensures respect for human rights of criminal suspects, and prohibits torture in state custody, detention in undisclosed locations, and solitary confinement.

The act further declares any statement obtained through torture to be invalid in a court of law.

Speaking to Minivan News, MP Eva Abdulla said she had proposed the Anti-Torture bill to “ensure we do not carry forward the legacy of torture” inherited from Maldives’ authoritarian past.

The Prisons and Parole Act specifies rules for the management of jails and procedures for incarceration, rehabilitation and parole as well as rights and benefits due to inmates. It also provides for the establishment of an independent Maldives Correction Service to oversee jails.

The Anti-Torture Act passed with the unanimous support of the 53 MPs present and the Prisons and Parole Act passed with the unanimous support of the 54 MPs present at the time of voting.

The UN Human Rights Committee in July 2012 said incidents of torture in the Maldives “appear systematic and systemic” and expressed “grave concern” over the low number of cases that have undergone investigation.

Freedom from torture

Eva said the bill had been formulated based on international human rights conventions the Maldives had signed on to, including the Convention to Eliminate All Forms of Discrimination Against Women (CEDAW), Convention on Rights of the Child (CRC), Convention Against Torture (CAT) and the Optional Protocol to the Convention Against Torture (OPCAT).

The act defines torture as any action committed by a state official, or committed with the orders, consent or knowledge of a state official to cause physical or psychological pain to obtain information or a confession or to inflict punishment or to threaten or humiliate an individual.

The act guarantees freedom from torture as a fundamental right of every individual even in circumstances of war or imminent war.

Physical torture includes but is not limited to beatings, kicking, applying heated rods, inflicting electric shock, restricting daily meals, and forceful feeding of rotting food, another individual’s excrement or substances unfit for human consumption.

Pouring heated oil or acid on a person, waterboarding, rape, forceful removal of teeth or nails and subjecting a person to drops of water at a consistent rate are also noted as methods of torture.

Acts of psychological torture includes – but is not limited to – blindfolding, threatening to harm family members, solitary confinement, long and continuous interrogation, public humiliation, physical abuse of family members in front of detainee, stripping, shaving hair, and branding skin.

Officials who torture people to death or cause insanity, memory loss or infertility will be imprisoned for 25 years.

The act further penalises those who use rape as a method of torture, or cause insanity and loss of memory with a prison sentence between 15 and 20 years.

Imprisonment between 10 and 15 years is set for causing loss of speech, hearing, sight, sense of taste and damage to the backbone.

In prosecution, a person who orders, helps, or assists in committing an act of torture will be treated the same as the individual directly responsible for the act of torture.

The act also affords victims compensation and mandates rehabilitation for perpetrators, torture victims and their families

The act mandates the state declare all detention centers in the Maldives, and submit monthly reports of detainees and inmates at detention centers specifying reasons for detention.

Parole

The Prisons and Parole Act proposed by Maldivian Democratic Party (MDP) Rugiyya Ahmed was vetoed three times by former President Dr Mohamed Waheed.

According to MDP MP ‘Reeko’ Moosa Manik the bill was drafted after “thorough research” including visits to jails in Sri Lanka, Australia, and Singapore.

The act mandates the state allow inmates to pray, exercise, food, do laundry, meet family and provide reading and writing materials.

According to the act, subsidiary regulations must be compiled to ensure good food and basic medical services are provided. Jail buildings must have adequate light and ventilation and amenities.

Men, women, and children must be incarcerated separately and the state must ensure proper documentation of all inmates.

The act establishes complaint mechanisms, but also penalises offenses carried out by inmates during their incarceration.

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New taxi regulation raises maximum fares to MVR25

The Transport Authority of Maldives has gazetted a new taxi regulation, changing the maximum fare from MVR20 to MVR25. Maximum fares from midnight to 6:00am will be MVR30.

An extra MVR5 can be charged for a single item of luggage put in the trunk of the taxi, and MVR10 for more than one item.

Taxi centers are yet to decide upon changing the fare to this amount. In the past, all centers have changed fares together. One taxi driver talking to Minivan News said he is still charging MVR20 during unsociable hours, but hopes that all centers will agree to a fixed fare as soon as possible.

The new regulation prohibits both taxi drivers and customers from playing any audio or video without permission from each other, with the exception of mobile phones and communications set in the taxi.

The new regulation require taxi drivers to carry luggage into and out of the vehicle.

It also requires taxi center name and phone number to be printed on each taxi and to have ‘taxi-top’ signs that indicate whether it is vacant or not. A transport authority SMS hotline will also be introduced for complaints against services.

The Taxi Regulation can be found here (PDF in Dhivehi).

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“Right now decentralisation in this country is just for show”: Addu City mayor

Mayor of Addu City Abdulla Sodig has suggested the financial difficulties facing his council are a result of the failure to implement the decentralisation act properly.

“Right now decentralisation in this country is just for show,” Sodig told Minivan News.

“The government and Majlis need to resolve these issues if the citizens are to benefit from decentralisation in a meaningful way.”

Addu City will be hit hard by the government’s proposed budget cuts, said Sodig, expressing concerns that the proposed budget for the city is insufficient to adequately provide essential services.

From the MVR421.4million budget requested by the council for 2014, only MVR45.6million was allocated in the budget proposed by Ministry of Finance to the People’s Majlis.

According to the mayor, the initial amount proposed in July 2013 was MVR54.8 million, in response to which the council informed the ministry that MVR123.1 million would be required for recurrent and capital expenditure – excluding Public Sector Investment Programmes (PSIPs).

When the council again requested a minimum of MVR85 million, the ministry proposed a reduced amount of MVR45.6 million. Of this amount, MVR35.2 million was allocated for salaries, MVR5.7 million for pre-schools, and MVR3.7 million for council office administrative costs.

Sodig says this amount would not cover the expenses of repairing mosques and roads.

“Addu City roads are badly in need of repair, whenever it rains most roads are flooded” he said. No funds were allocated for road reconstruction and repair in 2012 or 2013, he added.

Funds for some services in the council’s mandate, such as maintenance of roads and mosques, are included in the budgets of the relevant state departments, Sodig noted.

“It is very difficult, time consuming and costly to carry out our obligations like this.”

The MVR45.6 million budget currently proposed by the ministry does not include any additional projects, for which the council had requested MVR291.9 million.

“The amount we requested includes money needed for land reclamation projects in Hithadhoo, Maradhoo, Maradhoo-Feydhoo and Feydhoo. It was initially included in the budget, but has been removed now” Sodig explained.

In 2013 MVR6 million was proposed for PSIP projects, but the council received no money when the budget was finalised. The land reclamation projects were first proposed in 2008 but have been repeatedly delayed.

The actual budget allocation for the council in 2013 was MVR33.7 million, though it reached MVR55 million by the end of the year. The council still has pending electricity bills and up to MVR3 million and MVR186,000 in phone bills.

“At the budget committee we requested at least MVR25 million to pay our pending bills and for other existing contracts such as security and legal services, and they said anything that is absolutely essential will be included” Sodig said.

In 2014 the Council will earn an estimated MVR12.9 million in land lease payments and other fees collected for services provided by the council. A number of issues with financial independence of local councils, however, makes it difficult for the money to be properly utilised.

In 2012, the Finance Ministry requested all local councils to deposit all their revenues with Maldives Inland Revenue Authority (MIRA) – a decision which Sodiq believes has discouraged local councils from investing in income generating programmes. Fees collected for public services provided with the council’s own resources are also collected by the central ministries.

Sodig blamed laws contravening the ‘Decentralisation Act’ as a primary cause for these issues.

Article 81 of the act requires national authorities to allocate an amount (decided by Ministry of Finance) from state facilities in which the council does not have any participation but are within it’s administrative area.

The mayor noted that no such payments have been made so far, and that some of the natural resources currently utilised by the state were sources of income for locals through traditional economic activity prior to their development for other purposes.

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Island council feared sheikh’s sermon would disrupt social harmony

Omadhoo Island Council stopped controversial preacher Sheikh Adam Shameem from delivering a religious lecture at the local mosque Saturday evening, fearing it might “disrupt the stability and social harmony of the island” reports CNM.

Council member Mohamed Ibrahim was quoted as saying that the imam of the Friday Mosque Ahmed Ramzi had confronted a group of senior Maldivian Democratic Party (MDP) members from the island, saying that the party’s Mohamed Nasheed is a ‘laadheenee‘ [irreligious] person and that it was because of that he lost the presidential elections.

“They said he is a disbeliever. So, a senior MDP member said, even if the council gives permission, that lecture cannot be held on this island. From that point things got bad,” continued Ibrahim.

Haveeru reported that when the council asked for a formal request for permission, the organisers sent a text message to the council president saying the lecture would go on with or without the council’s permission.

The lecture on ‘backbiting’ was later held on the street, accompanied by a heavy police presence.

In May 2013 Sheikh Imran Abdulla and Sheikh Ilyas Hussein were obstructed from preaching in Vaikaradhoo, in Haa Dhaalu Atoll, whilst Kamadhoo Island Council – Baa Atoll – prevented Sheikh Nasrulla Ali from preaching. In Vaikaradhoo the sheikhs continued with Police protection in the presence of local opposition activists.

Current laws and regulations require religious preachers to obtain permission from local councils in order to preach at mosques in their administrative areas.

The ministry of Islamic Affairs, particularly the current Islamic Minister Sheikh Mohamed Shaheem Ali Saeed, have been trying to bring all affairs of the mosques under the ministry.

Sheikh Shameem, 37, studied at Jamia Salafiyya in Pakistan, Medina Islamic University, and has a Masters degree in Islamic Revealed Knowledge and Heritage from International Islamic University in Malaysia.

The Sheikh has attracted much controversy following his “mega-lecture” ‘Andalus‘ during the recent presidential elections, the live broadcast of which was interrupted by the national television for violating state broadcaster’s guideline.

The lecture, seen as highly political, was condemned by the MDP as “incitement of hatred among the public with the intention of influencing the election”.

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Revenue raising measures remain biggest obstacle to budget, says Finance Minister

Finance Minister Abdulla Jihad has said that new revenue raising measures remain the biggest obstacle to the passing of the new budget.

He has, however, expressed his opinion that the collection of lease extension payments up-front – anticipated by the government to raise MVR1.2billion (US$77million)- would not be a problem.

“I don’t think it is a problem because we are giving them for 99 years – that’s quite a long time,” Jihad told Minivan News today. “The property belongs to everyone – it’s the people’s property.”

Maldives Association for Tourism Industry Secretary General Ahmed Nazeer reportedly told the Budget Review Committee yesterday that he anticipated that 50 percent of resort owners would refuse to pay the sum up front.

When asked for additional opinion on the proposed budget today, Nazeer told Minivan News that he felt it would be inappropriate to give further comment whilst the budget was still under review.

The Finance Minister was able to confirm that the government had requested approval for three loans – totalling MVR814million (US$52million) – from the Majlis, of which MVR453million will go towards budget support.

Earlier this month, the Auditor General suggested Jihad had foregone the mandatory parliamentary approval when obtaining MVR300million (US$ 19.45 million) worth of budget support from the Bank of Maldives in May 2012.

Jihad responded that the onerous procedural obligations were circumvented in order to avoid an impending financial disaster.

Budget support

The budget-support loan will come from the Bank of Ceylon, whilst additional loans await approval from Denmark’s Nordea Bank (€2.5million) for the upgrading of Malé’s electricity grid, and OPEC (US$20million) for sewerage projects.

After details of the high interest to be paid on the Bank of Ceylon’s loan emerged, Jihad last week use the term “beggars cannot be choosers,” noting that the Maldives has no choice but to borrow from commercial banks at high interest rates.

“We could go to Bank of New York, but they will not lend to us. The best bet now is Bank of Ceylon,” he said.

An agreement to receive 50 million yuan (US$ 8.2 million) in development aid from the Chinese government has already been approved this month, whilst Indian media has reported that President Abdulla Yameen’s state visit will see the resumption of a currently-dormant standby-credit facility.

The Budget Review Committee is expected to conclude deliberations upon the 2014 budget by December 20-21, explained Jihad, after which it will be sent to the full floor for further consideration.

Discussion of revenue raising measures is scheduled for Wednesday (December 18).

Similar issues

Failure to realise new streams of revenue, alongside an inability to curb expenditure saw the previous government – under which Jihad also served as finance minister – forced to divert capital expenditure to recurrent costs.

The proposed budget for 2014 is a record MVR 17.5 billion (US$1.1 billion), with a 6.7 percent growth in total expenditure mainly due to a MVR 1.1billion (US$72,687,239) increase in recurrent costs, accounting for over 73 percent of outgoings.

Both Jihad and Maldives Monetary Authority Governor Dr Fazeel Najeeb have told the Majlis committee that the proposed 2014 budget must be reduced if the government’s new revenue streams were not realised, with Jihad targetting the billion dollar tourism industry.

“The main revenue generator is tourism. From where else can we generate extra revenue? I don’t believe that we are presently charging taxes that are too high for the tourism sector,” local media reported him as saying yesterday.

The proposed revenue raising measures will provide the state with a total of  MVR3.4billion (US$ 224million). However, the People’s Majlis will need to amend laws including revisions to tax laws and import tariffs to realise the expected revenue.

Proposed measures include raising Tourism Goods and Service Tax by 50 percent, delaying the abolition of tourism bed tax, raising airport departure charges for foreign passengers by 28 percent, and leasing a further 12 islands for resort development.

In his inauguration speech, Yameen warned the country’s economy was in “a deep pit” and pledged to reduce state expenditure. Local media reports quote Yameen saying he would cut expenditure by amounts varying between MVR 1 billion and 4 billion.

A World Bank report on the state the Maldives’ economy last week described the country as “spending beyond its means”.

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Criminal Procedure Code Bill to include strong measures against hard-line offenders

The Chair of Parliament’s National Security Committee, MP ‘Reeko’ Moosa Manik has said that the Criminal Procedure Code bill currently being drafted in parliament will include strong measures to protect witnesses and ensure successful prosecutions.

The Hulhu-Henveiru constituency MP told local media that the parliament’s National Security Committee – charged with reviewing the bill – had decided to restrict the rights of those accused of major crimes as well as introducing strict procedures during criminal investigations.

Among the measures to be made part of the legislation include setting a limit for the maximum detention period of such suspect, reducing the right to remain silent and the right to obtain legal counsel while in custody.

Furthermore, Moosa said that the bill, once ratified, would make it mandatory for a suspect to consent to urine tests and DNA tests, as well as submitting fingerprint and handwriting samples.

Moosa said that the National Security Committee members have also agreed that 135 days ought to be the maximum period a person can be detained by police for criminal investigations.

Under the new provisions included in the bill, explained Moosa, police would be expected to conclude investigations and file for prosecution within a 60 day period, while the Prosecutor General’s (PG) Office must press charges within a 15-day period.

“The bill also allows suspects of major criminal offences to be placed under custody during police investigation and up until the trial is over,” Moosa told local media.

Mandatory tests and restrictions on right to remain silent

The Criminal Procedure Code bill was originally proposed during the 16th parliament session under former ruler Maumoon Abdul Gayoom, before being re-submitted by President Mohamed Nasheed’s administration during the next session.

The bill has been pending in parliament for the past five years, with the legislature coming under heavy fire from NGO’s and the public over the delay, particularly during the record high number of murder cases in the past three years that included the murder of former MP Dr Afrasheem Ali.

The Criminal Procedure Code bill identifies terrorism, murder and manslaughter, causing grievous bodily harm, offenses against minors, drug trafficking, money laundering and other similar acts as major criminal offences.

Those accused of less serious offences may be kept in detention for a period of 70 days – which includes 30 days for criminal investigations, 10 days for prosecution, and an additional 30 days to conclude the trial.

Moosa argued that, although the right to remain silent is enshrined in the constitution, no criminal suspect should have the liberty to refuse to undergo urine and DNA testing, which he argued would prove to be central for prosecutions.

“We believe the right to remain silent and consenting to taking urine and body samples are two different things.  This is the practice in all developed countries,” Moosa claimed.

Earlier this year opposition Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor was sentenced to six-months in jail after he refused to cooperate with the courts investigation into an alleged refusal to provide a urine sample. The High Court, however, quashed his conviction on the grounds that the Criminal Court had not followed due process when deeming him guilty.

Witness protection

In order to safeguard possible witnesses to a crime, the committee members have also agreed to bar those accused of major crimes from privately meeting attorneys and family for a period of 36 hours from the time of arrest – a decision supported by both the police and the judiciary.

Both High Court Judge Abbas Shareef and Criminal Court Judge Muhuthaaz Muhsin have spoken in favor of such a provision during the committee’s discussions, which have also seen contributions from the PG’s Office, Human Rights Commission (HRCM), and the police.

“In 80 percent of the murder cases, witnesses were tempered through threatening and intimidation, after the accused meets with his lawyers and family members. This is something that is being talked about and this is how it is done,” Judge Muhsin told the committee.

Meanwhile High Court Judge Shareef told the committee that in some jurisdictions a suspect of a major criminal offence is denied of the right to obtain legal counsel or to meet their family and relatives for a period of three days, while in others family and relatives are not even informed of the suspect’s location.

“In some US States, [such a suspect] is not even at all allowed to meet family or obtain legal counsel. There are countries which have laws that allow a suspect’s location of detention be made confidential for a period of 72 hours,” Shareef explained.

HRCM member Jeehan Mahmood objected to the provisions, however, citing violations of fundamental human rights.

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Corruption case against former media council members continues

The Anti-Corruption Commission has forwarded the cases of seven former members of the Maldives Media Council (MMC) accused of ignoring a directive to return allowances deemed illegal, local media has reported.

Sun Online has reported that charged are being pursued against a total of 10 former MMC members.

A 2011 Auditor General’s report revealed that members took almost Rf 900,000 in additional allowances – fees which the MMC subsequently asked to be returned.

The report stated that the living allowance was an illegal expense, despite parliament having approved the MMC’s budget which included the allowance. It was noted that the MMC had behaved inappropriately for an institution that was required by nature to have the trust and confidence of the public.

The following year’s audit report revealed that 13 of the MMC’s members had failed to return the MVR7,500 (US$478).

A recent survey conducted by local NGO Transparency Maldives revealed that only 12 percent of those interviewed believed public officials and civil servants to be free from corruption.

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President Waheed receives grand welcome on return to Malé

President Abdulla Yameen has received former President Dr Mohamed Waheed Hassan upon his return to Malé last night amidst great fanfare.

Waheed and his wife Ilham Hussein were greeted at the Ibrahim Nasir International Airport by Vice President Dr Mohamed Jameel Ahmed and several ministers including Defense Minister Mohamed Nazim and Tourism Minister Ahmed Adheeb.

Speaking to the press on his arrival, Waheed said he now wished to work “for the benefit of the community.”

Yameen , Jumhooree Party (JP) leader Gasim Ibrahim, MPs, senior government officials and dozens of supporters welcomed Dr Waheed on his return to the capital. Speaking to the media, Yameen pledged “the highest honors and respect” to his predecessor.

When asked if Waheed will be given a government position, Yameen declined to comment, stating “this is a matter between us”.

An official motorcade escorted Waheed and Ilham to their residence.

Waheed had departed the Maldives on a private visit on November 14, days after declaring he would remain in power beyond the end of the presidential term on November 11. In a televised speech, Waheed pledged to resign on the day of the presidential run-off, scheduled for November 16.

The Ministry of Finance and Treasury approved MVR 525,000 (US$34,047) for Waheed’s month long trip.

He had contested in the annulled first round held on September 7,winning just 5.13 percent of the vote. Waheed subsequently decided to back Yameen in the following rounds.

Speaking to local media before his departure, Waheed said his return depended on the political environment in the Maldives. When Yameen won the presidential election on November 16, Waheed quickly announced that he would be returning to the Maldives.

Waheed assumed the presidency after the controversial resignation of his predecessor, Mohamed Nasheed, on February 7, 2012. Nasheed has accused his deputy Waheed of engineering a coup d’état to unseat the Maldives’ first democratically elected government.

Yameen’s Progressive Party of the Maldives (PPM) played a key role in supporting and maintaining Waheed’s rule amidst two years of political turmoil.

The PPM will seek to amend the Former Presidents’ Privileges Act in order to ensure Waheed receives privileges and immunities, Yameen said. At present, the act states that a president must hold power for 30 months in order to qualify for privileges. Waheed had held the post for 21 months.

In his farewell address on November 15, Waheed defended his track record, claiming he had maintained peace and stability despite assuming the presidency at a time of “anger, unrest and economic ruin.”

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