Month: December 2013

Maldives Coastguard joins training with India and Sri Lanka counterparts

Maldives Coastguard, together with their counterparts in India and Sri Lanka, have held a training program in Sri Lanka.

Sri Lankan Defence Ministry is quoted in local media as having stated that the program – titled Trilateral Tabletop Exercise – included training on how to tackle security threats like piracy, environmental threats like oil spills and to conduct search and rescue missions.

According to them, the training programme began on Wednesday.

The training was organized after discussions held between the National Security Advisors of all three countries held in July, where it was agreed to hold similar programs biannually.

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BML to sell mortgaged property of former Defence Minister

Bank of Maldives (BML) has announced that it will be auctioning off the mortgaged land Araaroot Villa in Maafannu ward – a property owned by former Defence Minister Tholhath Ibrahim Kaleyfaan, and his brothers Ahmed Hashim, Mohamed Habeeb and Abdulla Shah Ibrahim Kaleyfaan.

The Bank stated that the property has been put up for sale due to the failure of Tholhath and his brother to pay back a loan of 6.6 million rufiya (USD 427740) taken from the bank.

The Civil Court ruled in September that BML can sell the mortgaged property if the loan is not paid back in a period of three months.

According to BML, proposals to purchase the property must be submitted before 1330hrs on January 5, 2014. The highest bidder, on condition that the price stays constant for 5 consecutive days of bidding, will then be given a period of 10 days to complete the payment.

Should the highest bidder fail to pay in the given period, BML has the authority to either rebid the property or sell it to the second highest bidder.

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Maldives – India mutual easing of visa restrictions expected with President’s visit

President Abdulla Yameen’s much anticipated visit to India will resolve delays in obtaining medical visas, reports ‘Haveeru’.

Referring to an unnamed source, Haveeru confirmed the arrangement will be announced during the visit in January.

Previously, Maldivians traveling to India for medical treatment were granted on-arrival tourist visa. However visa restrictions were imposed last year during strained diplomatic relations with India under President Dr. Mohamed Waheed’s administration.

Last week Indian High Commission relaxed the procedure for issuing medical visa, accepting applications directly till 12pm everyday, allowing people to submit their documents without staying in a queue with tokens. The High Commission also annoucned the visa processing duration will be also be shortened in a near future.

The issue of medical visa was dicussed with indian officials during Defense Miniister Nazim’s recent trip to India as well. Nazim also confirmed the issue will be further discussed druing the Pressident’s visit.

Meanwhile ‘The Economic Times’ had reported that Maldives might be relaxing consular and visa restrictions and amend foreign investment laws to encourage more investments from India

Earlier this year India issued a list of consular grievances that affected the India-Maldives relations. The issue of collecting visa fees from all Indians and high penalties for delays in visa renewal, and the requirement of a letter from Indian High Commission for granting dependent visa for elderly parents of Indian employees in Maldives were among them.

President Yameen’s first visit abroad was prompted by an invitation from Indian Prime Minister Manmohan Singh.

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“Poor financial record keeping” poses challenges to audit state enterprises: AG

The Auditor General Niyaz Ibrahim has expressed concern over poor record keeping at State Owned Enterprises (SOEs), and said the public is entitled to know how much the state makes from an enterprise it owns or if the enterprise is making a profit or loss.

Speaking to Minivan News today, Niyaz said the independent audit office faces severe challenges in auditing SOEs, especially those in which the state is a minority share holder.

In some cases, even when a company is liquidated, there are no financial statements or audits, he said.

“As you know, there are over 80 companies in which the government owns shares, including minority share holding enterprises. While we don’t have adequate legal authority to appoint external auditors to the companies in which the state is a minority share-holder, the Audit Act allows us to do so with majority State-owned enterprises,” Niyaz explained.

It was the norm of the board of directors to appoint an external auditor, inhibiting the auditor’s work as they are bound to follow instructions from and report to the company’s board. However. starting in 2011 the Auditor General’s Office (AGO) has begun appointing external auditors to SOEs, thereby giving auditors more protection and independence.

The AGO will have auditors at all SOE’s except for Island Aviation for the 2013 accounts, Niyaz said.

Annual audits

The Company Act mandates audits be conducted annually, however there is no way to see how many SOEs are faring as they do not even produce financial statements, Niyaz said.

“Many of the companies which have been formed recently are in this very poor state of financial record keeping,” he continued. Even while some of these companies are now to be liquidated, there is no record of financial statements, nor has there been any audits. This is state resources we are speaking of. The people have a right to know what is being done with this money. Usually, public listed companies get more attention as they sell shares to people. How we see it, though, is that every citizen has ownership of state enterprises, and thereby public interest is much higher in such companies,” he said.

SOE’s must be far more transparent and accountable than listed companies, Niyaz stressed

The AGO has now commenced work on preparing a report documenting the status of all SOEs, he added.

“The public is entitled to get the basic information as to how much the state makes from an enterprise it owns, whether the enterprise is making profit or loss, whether it is accountable and transparent.”

Unexplained share-holding

Niyaz said there were many unexplained cases where the state owned minority shares, especially in the tourism industry.

“There is room to suspect that the legal provision within tourism laws of special provisions in the assignment of islands for tourism sector if the state owns some shares of the company or island is being abused,” Niyaz alleged.

Challenges in auditing state enterprises

Niyaz said that the Auditor General’s office has a practice of submitting a detailed work plan of all programs planned for the upcoming year with their budget proposal, and that the special audit of state-owned enterprises has not been included in the submitted proposal.

He said that his office will need to find means to fund the process in other ways, as plans for this were made after the budget proposal had already been submitted in late October.

Niyaz further noted the lack of cooperation extended to external auditors from the management and board of some state owned companies.

“Jobs for politicians”

The management of SOEs need to be strengthened, especially that of the board of directors, Niyaz said. SOEs must not be formed to create jobs for politicians, Niyaz said.

“As evident, if the top management of a company, enterprise or even an institution keeps being changed every now and then, it proves to be a strategical loss to that entity. Each of these management will have plans for its development, but if this keeps changing frequently, there will be no stability there. Therefore, there really needs to be a change in how the state runs the enterprises it holds shares in or owns,” he continued.

The state must end the appointment of individuals to management level jobs at SOEs on the basis of their political affiliation, Niyaz said.

“Even the board must consist of financially literate people who understand what it means to run a business, if the company’s governance is to be improved. I will give you an example of the level some current board members have, and this doesn’t change no matter which government is in place. A team from my office met with a company’s board members recently, after multiple attempts to meet them previously. For purposes of auditing, they asked the board for the financial statement. Members of the board then said at my staff members, ‘who do you think you are to come here and question us? We don’t have to give you any financial statements’ and then threatened to throw them out of a window. This is the calibre of some appointees to the boards of state enterprises. It is way beyond their authority to speak in that manner to a team of auditors who are their to fulfill legally stipulated duties,” Niyaz said.

Parliament initiative to run audits

Parliament’s Public Accounts Committee Chair Abdulla Jabir told Minivan News today that the committee has rescheduled the initial debate on the matter from Sunday to Tuesday, for which both the Auditor General and Attorney General Mohamed Anil will be summoned.

According to Jabir, the objectives of conducting a special audit are to have all state companies operating under a single holding company and to find a way to liquidate companies that fail to make profit.

Attorney General Mohamed Anil was not responding to calls at the time of press.

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A short constitutional history of the Maldives

December 22, 2013 marks the 81st anniversary of the proclamation of the Maldives’ first parliament. The following article was prepared by the People’s Majlis secretariat.

The first written Constitution of the Maldives was codified in the early twentieth century, on December 22, 1932 during the thirtieth year of the reign of Sultan Mohamed Shamsudeen Iskandar III.

A thirteen member committee began work on drafting the constitution on March 22, 1931. The acting Governor of Ceylon Bernard H. Bourdill provided technical expertise in its composition. A first draft was completed on June 16, 1931.

With the ratification of the first Constitution of the Maldives on December 22, the first semblance of representative government came into effect. A set of credentials for the King was established – these states the King must be sane man, be of the Sunni Muslim faith and be from the ruling family. A cabinet of ministers and a parliament comprising forty seven members was also established.

The first constitution had 92 articles and a bill of rights guaranteeing equality before the law, freedom from arbitrary arrest and torture, protection of private property, freedom of expression, association and press, and a pension after 25 years of service to the state.

Though a milestone, historical records note that the Maldives’ first Constitution failed within nine months of ratification.

The newly established People’s Majlis passed 40 laws during its short tenure. The new legislation established fines, penalized theft and as- sault, created a state trading company and regulated foreign trade through a Foreign Investments Act and Freighters Act. The new laws angered the public and influential foreign traders in the Maldives. Foreign traders who had a monopoly on imported food started a series of strikes on 26 July 1933, demanding that the new government’s policies be repealed.

The result of the ensuing food insecurity was a public revolt. The founders of the constitution were banished to Colombo and the constitution was amended to 84 articles in June 1934. The Maldives’ first constitution was reduced to 80 articles in 1937 and finally suspended shortly after World War II broke in 1940. A special Majlis at the time stated, “The Constitution and General Provisions have been annulled as they do not fit the Maldives’ situation.”

On 23 April 1942, Sultan Hassan Nooradeen sent a 17 article constitution to the Majlis saying he wanted “a suitable constitution to exist in the Maldives.”

The “small constitution” handed the powers of the state to the monarchy, the foreign minister, and the People’s Majlis. The People’s Majlis was reduced to 6 appointed members and 27 elected members. The second constitution was amended in 1951 and reinstated freedom from arbitrary arrest and banishment and freedom of expression, speech and association. The 34 member People’s Majlis’ term was set to five years.

In 1950, the People’s Majlis voted to abolish the monarchy and institute a republican government in the Maldives. A public referendum endorsed the change and a third constitution on 1 January 1953 established a presidential system of government in the Maldives for the first time.

The new democratic constitution comprising 30 articles established a president to be elected through a direct vote, a judiciary appointed by the president and a bicameral legislature – an 18-member senate and a 47 member House of Representatives.

The new constitution also limited the presidential term to five years, but appointed Al-Ameer Mohamed Ameen Dhoshimeyna Kilegefaanu as the first president of the Maldives. For the first time in Maldivian history, a woman was elected to the parliament.

However, the Maldives’ first republic was short-lived. A revolution on August 21, 1953 abolished the Republic. The country reverted to a Sultanate on January 31, 1954. The change was followed by the ratification of the fourth Constitution of Maldives on March 7, 1954. The fourth constitution declared the Maldives to be an “elected monarchy.”

A unicameral legislature was reinstated with 54 members, of which 6 were to represent the king, 46 to represent the people and two to represent businessmen. Only Maldivian men could vote to elect the People’s Majlis.

Shortly after the Maldives won independence from the British Empire, the fourth constitution was repealed and a Second Republic was established under the rule of President Ibrahim Nasir in 1968. The new constitution declared: “The Maldives is an independent and free state.” According to the fifth constitution, the president of the Maldives was to be elected through a secret vote of the 54 member People’s Majlis.

In 1980, the second president of the second republic Maumoon Abdul Gayoom called for a special constitutional assembly consisting of cabinet ministers and People’s Majlis members to amend the new constitution.

After an 18-year long process, the fifth constitution of the Maldives was amended for the fourth time. Notable amendments included clauses permitting any individual who wished to stand for presidency to submit an application to the People’s Majlis. The Majlis would then choose a candidate who then had to be approved through a public referendum.

In September 2003, unprecedented anti-government riots broke out in Male, sparked by deaths of four prison inmates. The September riots came shortly after the Majlis had unanimously endorsed President Gayoom as the sole candidate for a record sixth term in office.

In October 2003, Gayoom was elected by 90.3 percent of the popular vote. In his inaugural address, Gayoom promised various political reforms. Gayoom’s first steps were to institute a human rights commission in 2003 to investigate abuses and to establish a constitutional assembly in May 2004 to draft a democratic constitution.

The constitution was to guarantee separation of powers and a multi-party democracy.

The constitutional assembly—the People’s Special Majlis— consisted of 29 appointees, along with 42 elected members of the regular Majlis and a further 29 elected members.

The drafting process was slow with rival political parties at loggerheads over several issues including the opposition proposed adoption of a parliamentary system in the Maldives. A public referendum was called in August 2007, and 60 percent of the public backed a presidential system of government.

The sixth constitution of the Maldives, ratified in August 2008, introduced a whole new set of democratic rights, enshrined the separation of powers and introduced mechanisms for accountability and transparency. It paved the way for Maldives’ first multi-party elections in October 2008.

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Raajje TV’s report on Supreme Court not a national security threat: MBC

Opposition aligned broadcaster Raajje TV’s report criticizing the judiciary does not threaten national security, the Maldives Broadcasting Commission (MBC) has told Chief Justice Ahmed Faiz.

In October, the Supreme Court requested the MBC to investigate Raajje TV after it broadcast a report comparing the apex court to the the corrupt judges from Koranic city of Sodom.

The report, titled “Magey Report” (My report), especially highlighted the case of Supreme Court Judge Ali Hameed whose alleged appearance a sex-tape is currently under investigation. Ali Hameed is still a sitting judge on the Supreme Court bench.

“While you have mentioned in the letter referred here that “Magey Report” broadcasted on Rajje Tv in the evening of 19 October 2013 contained content that is a threat to national security, this commission did not notice any such content during our investigation”  read the MBC’s letter sent on Thursday.

However, the commission ruled that the content of the report violated several codes of the Broadcasting Code of Practice. The commission has ordered Raajje TV not to broadcast the report again without amending it and has asked the station to broadcast an apology message.

According to the commission, Raajje TV had used language and references against socially accepted standards, broadcast content that could insult or reduce the sanctity, honor and dignity of a person or persons, and broadcast the report in a manner that could violate rights of children.

MBC noted the Supreme Court had asked for the investigation to be completed within ten days even though the Broadcasting Act allows a 60 day investigation period.

The Supreme Court had also ordered Maldives Police Service to investigate the report, in response to which MPS conducted a criminal investigation and sent the case to Prosecutor General’s Office late November.

During the investigation, the Channel’s Deputy CEO Yaameen Rasheed and News Head Ibrahim ‘Asward’ Waheed were summoned by the Police. Raajje TV has chosen to remain silent

The Maldives Media Council and MBC expressed concern over the Supreme Court’s order describing it as “obstruction of press freedom”.

The MBC requested the Supreme Court to repeal the court order, however the request was denied. Chief Justice Ahmed Faiz Hussain threatened to take action against “those who spread false information about judges without respecting the sanctity of the court” saying contempt of court will not be allowed.

Serious concerns about the Maldives judiciary have been raised by various International institutions and experts, including the United Nations Special Rapporteur on Independence of Judges and Lawyers Gabriela Knaul, International Commission of Jurists and the United Nations High Commissioner for Human Rights Navi Pillay.

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Voluntary repatriation program announced for undocumented workers

The Department of Immigration and Emigration has announced a special repatriation program offering leniency for undocumented migrant workers who wish to return to their home countries voluntarily on their own expenses.

The program is set to begin tomorrow (December 23) and will allow migrant workers to return to the Maldives within six months of departure. However, if workers are deported, they are not allowed to come back to the Maldives for ten years.

According to the Immigration department, the purpose of the new program is to register and regulate undocumented migrant workers.

The likelihood of repatriated workers returning to the Maldives to work illegally will be slim due to increased monitoring, Deputy CEO of Immigration Abdulla Munaz told local newspaper Haveeru

Munaz said that, even if a thousand workers are sent off each month, it would take the government 35 months to send off all undocumented workers.

While there is no  official data available on undocumented migrant workers, estimates have put it as high as 44,000.

The current program’s target is to repatriate 5,000 – 10,000 workers.

Registration will take place from 23 – 31 December 2013 and 5- 6 January 2014, on all working days between 0900hrs – 1700 hrs at Dharumavantha School, Male’. Workers are to be sent home within two days of registration.

On December 5, Immigration Controller Hassan Ali announced that the institution’s biggest focus in the first 100 days of Yameen’s government would be to address the issue of illegal immigrants.

The Maldives has been on the US State Department’s Tier Two Watch List for Human Trafficking for four consecutive years. The US says the Maldives is a destination country for human trafficking, including sex trafficking, forced labor and debt bondage.

The Immigration department’s 100 day plan includes offering illegal immigrants a chance to change employees, and increasing the number of illegal immigrants who will be deported in 2014.

The immigration controller also revealed plans to re-register undocumented workers, establish an online system of obtaining work visas from Kulhudhuhfushi Island in northern Maldives and forming a single office to deal with all work related to migrant workers.

The Human Rights Commission of the Maldives has previously expressed concern over a mass repatriation program this year. The commission said the state should provide such workers with their due wages and compensation before sending them off.

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Maldives hosts 7th SAARC Speakers and Parliamentarians Conference

The Maldives is hosting the 7th Conference of the Association of SAARC Speakers and Parliamentarians (ASSP) at Bandos Island Resort and Spa.

President Abdulla Yameen inaugurated the three-day conference yesterday evening, and reiterated the Maldives’ commitment to furthering regional cooperation.

Calling on SAARC to be more relevant and responsive, Yameen said: “To keep abreast with the expectations of our peoples, we need to increase the relevance of SAARC, both as a tool for multilateral cooperation among our Member States, as well as in global politics and in international trade.”

Speakers from Bhutan, India, Nepal, Pakistan and Sri Lanka and the secretary of Afghanistan’s parliament are in the Maldives for the conference.

Parliamentary delegations of Bangladesh and Nepal were unable to attend as Nepal had only held new parliamentary elections in November while Bangladesh’s parliament has been dissolved with new general elections set for January.

According to the people’s Majlis, the themes -“Strengthening democracy through institution building” and “Democracy and Inclusive Development – achieving SAARC  MDGs” – will be discussed at the conference.

The ASSP was established in 1992, with the aim of exchanging ideas and information on parliamentary procedures and information among parliaments and to strengthen South Asia as a stable and independent region.

The association’s work stagnated in the late 90’s due to political turmoil in the region, and was revived recently on the initiative of India’s Lok Sabha Speaker Meira Kumar, the People’s Majlis secretariat have said.

Welcoming the delegations, Maldives Speaker Abdulla Shahid noted all South Asian countries are now led by civilian governments.

Shahid noted the current parliament in the Maldives is the first fully elected parliament, but MPs have faced and overcome “almost every conceivable constitutional challenge.”

Further, the rights guaranteed to the parliament had constantly been tested by the executive and legislative branches of government.

Meanwhile, Kumar stressed the importance of parliaments and parliamentarians as democracy advances in the region and said SAARC parliaments can learn a great deal from each other’s parliamentary experiences.

Pakistan’s National Assembly Speaker Sardar Ayaz Sadiq said South Asia consists of one-fourth of the world’s population, but continues to be the largest concentration of impoverished people.

South Asia is currently at a crossroads, of breaking with its past and possibly becoming the second largest economic powerhouse after China and East Asia, Sadiq said.

Meanwhile, female parliamentarians and the secretaries general of SAARC parliaments met on Saturday morning to discuss the opportunities and challenges for women’s political participation in South Asia and the methods to ensure a cost effective secretariat respectively.

The Women’s Committee has pledged affirmative action to increase women’s political participation whilst the secretaries generals proposed amending the charter of ASSP to constitute a Young Parliamentarians forum.

The Association’s General Assembly is to take place at Bandos Island Resort and Spa today and tomorrow (December 22 and 23).

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EC to seek AG advice on following Supreme Court guidelines

The Elections Commission (EC) has decided to seek advice from the Attorney General on whether the commission must follow the Supreme Court’s 16 point electoral guideline in the upcoming local council and parliamentary elections.

The Supreme Court had issued the guidelines in October in its verdict annulling the first round of presidential polls held on September 7. EC President Fuwad Thowfeek has previously slammed the guidelines as “restrictions”

EC member Ali Mohamed Manik told local media the commission is abiding by the Supreme Court’s guidelines in preparations for the upcoming elections. However, the EC may face the same challenges if the commission were to follow the Supreme Court’s requirements, Manik said.

The guidelines effectively give candidates veto power over polls as they state the EC must obtain the signature of all candidates on the voter registry and mandates the commission ensure that reports on the voting process are compiled in the presence of candidates’ representatives.

The EC has previously said obtaining the signatures of the 4000 candidates contesting local council elections will be “impossible.”

“While some of the points in the guideline state it applies to all elections, we can see that the complete guideline is actually intended for presidential elections when we look at it in its entirety. Most of what is in the full verdict is also about the presidential election. Furthermore, it will be very difficult to follow some of the points in it in other elections,” Manik said.

The Supreme Court’s requirements caused major delays in this year’s presidential elections with three contestants. The parliamentary election will have hundreds of contestants for the 85 constituencies, while the local council election will have over 4000 of contestants running for 1118 seats in island, atoll and city councils in 20 atolls.

LGA and MMA call to merge elections

The Local Government Authority (LGA) – chaired by Defence Minister Mohamed Nazim – has on Thursday announced it will work with the government to organize simultaneous polls for the local council and parliament.

LGA has also requested the government to include the proposal in the planned amendments to the Decentralisation Act.

“When all the elections are held together, it will decrease the economical cost caused by holding separate elections, while also lessening the tearing up of the national social fabric, which happens as a result of elections”, a statement from the LGA reads, as reported by local media Haveeru.

The statement further said that the funds spent on councils cannot be used productively unless the councils are developed and strengthened. The authority said the proposed amendments to the Decentralisation Act  will assist in cutting costs.

The Maldives Monetary Authority (MMA) has meanwhile recommended combining presidential, parliamentary and local council elections in order to reduce state expenditure and improve governance.

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