Month: January 2014

MDP gears up for Majlis primaries

Primaries to select candidates of the opposition Maldivian Democratic Party (MDP) for the upcoming parliamentary elections are due to take place tomorrow in 133 islands across the country.

Some 176 candidates seeking the party ticket are contesting in 58 primary races.

According to the party, polls will open at 2.30pm and close at 8:00pm. Ballot boxes will be placed in the Dharubaaruge convention hall in Malé and MDP meeting halls (haruge) in other islands.

In addition to 10 ballot boxes for constituencies in the capital, 20 ballot boxes will be placed in Dharubaaruge for party members from the atolls residing in Male’.

As of September 15, 2013, the MDP had 43,277 registered members, making it the largest party in the country.

While the main opposition party is fielding candidates for all 85 parliamentary constituencies, 27 candidates have secured the MDP ticket without an election as they did not face a primary challenger. These include three constituencies in Malé and 24 in the atolls.

The party announced yesterday that the media will be allowed to monitor the voting process on Friday without prior registration. Reporters will be required to show press passes to observe voting.

Friday’s primaries feature high-profile MDP members facing off in competitive races, including Chairperson ‘Reeko’ Moosa Manik against former Human Resources Minister Hassan Latheef in the Hulhuhenveiru constituency, and MP Mariya Ahmed Didi against former Judicial Service Commission member and outspoken whistleblower, Aishath Velezinee, for the Machangoalhi North constituency.

Appearing on MDP-aligned private broadcaster Raajje TV last night, Ali Niyaz from the MDP’s elections committee appealed for cooperation from members to ensure peaceful and smooth conduct of the internal polls.

Niyaz urged members to refrain from negative campaigning as eventual candidates could be weakened ahead of the parliamentary elections scheduled for March 22.

“It is the party’s sincere request that there are no personal attacks against each other. Although some people say that expressing reasons not to vote for a rival candidate is anti-campaigning, the reasons should be explained. But we urge that it be done in a way that would not harm the party,” he said.

Niyaz also revealed that efforts were made to register members of other parties in the MDP to influence the primaries. The party’s membership committee has however resolved the issue, he added.

MP Sameer withdraws candidacy

Meanwhile, MDP MP for Haa Alif Dhidhoo, Ahmed Sameer, announced yesterday that he was withdrawing his candidacy ahead of Friday’s primaries.

In a letter (Dhivehi) informing the party of his decision – subsequently shared on his personal website – Sameer stated that he contested the primary with the hope that all party members in the Dhidhoo constituency would unite behind the primary winner.

However, as a result of “premeditated efforts to cause divisions among MDP members in Dhidhoo” and “anti-campaigning,” Sameer wrote that the party’s supporters in the island were “divided with extreme differences of opinion”.

“Campaigning for the candidate one supports in the spirit of the election is not a problem at all. But publicly declaring that [members] would not work with a candidate even if he wins the primary is not at all in line with internal election ethics because the most likely [outcome] is the party’s member failing to win the election,” Sameer wrote on his website.

Despite having “no doubts” that he would win the primary, Sameer said he did not believe there was any reason to compete under such circumstances.

He added that he did not have “any problems with President [Mohamed] Nasheed or the MDP.”

Sameer’s challengers in the Dhidhoo primary were Adam Naseer, former deputy controller of immigration and emigration, and Mohamed Hashim.

The Dhidhoo MP noted that he had never voted against the party line or three-line whip in a parliamentary vote.

Sameer also declared his intention to contest the parliamentary elections for the Dhidhoo constituency, though he did not reveal whether he would be running as an independent or on another party’s ticket.

A founding member of the government-aligned Jumhooree Party (JP) and a former Special Majlis MP, Sameer joined the MDP prior to the first multi-party parliamentary elections in May 2009.

Sameer previously served as deputy leader of the MDP’s parliamentary group and currently chairs the MDP-controlled independent institutions committee.

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Supreme Court suspends prominent lawyer pending investigation for contempt

The Supreme Court has today suspended former attorney general and high profile lawyer Husnu Suood from all courts, accusing him of violating lawyers regulation’s article 3.2[a][c].

Husnu Suood has shown the Supreme Court notice he has received to the media. It states that his comments regarding Supreme Court ruling number 42/SC-C/2013 constituted contempt of court.

The Supreme Court’s notice stated that it has asked the police to further investigate the case and that Suood is to be suspended from all the courts until this investigation is concluded.

Speaking to Minivan News today, Suood said that he believed this was related to the issue of Supreme Court Justice Ali Hameed’s sex scandal case.

Suood suggested that the Supreme Court had suspended him because he is in the committee investigating the judges alleged appearance on the tape.

‘’[Former Youth Minister] Hassan Latheef and Hisan Haseen were also both lawyers accused of the same thing, but the court gave them advice and did not take action against them, but I am suspended so it is not fair,’’ Suood said.

He noted that the Supreme Court ruling in question was the verdict that invalidated the first round results of presidential election first round.

“They [Supreme Court] told me that the suspension was regarding a tweet I posted on twitter which says that I believe that the Supreme Court’s ruling was in violation to the constitution,’’ he said.

“I deny that I was the one who tweeted it, but even if it was me I do not think that expressing one’s opinion is a crime.’’

He also said that there was nothing in the case for the police to investigate.

‘’Now there is nothing I can do about it I just have to wait for the police to finish the investigation. But what is there to investigate,’’ he asked.

Previously, the Supreme Court suspended Suood for alleged contempt of court.

On September 28, Suood said the dispute regarding the presidential elections had left the country’s ongoing democratic transition in “limbo”. The former AG had represented the Elections Commission (EC) in the election annulment case before being thrown out for ‘contempt of court’.

“I am of the view that all institutions have a duty to uphold the constitution,” he said at the time, in response to the EC’s efforts to conclude presidential polls within the legally mandated – article 111 of the constitution.

“According to the constitution, the Supreme Court’s word is final only in respect of the interpretation of provisions of constitution and law. Here, the Supreme Court had not given an interpretation on Article 111. However, Judicature Act says that all state institutions must abide by the rulings made by courts.”

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E-worker skills programme will allow women to work from home: CSC

The Civil Service Commission (CSC), the Ministry of Transport and Communication and the National Center for Information and Technology (NCIT) held discussions today on introducing a programme to allow civil servants to work from home.

Establishing mechanisms to allow women to work from home was one of President Abdulla Yameen Abdul Gayoom’s key campaign pledges.

The ‘E worker skills programme’ will familiarize civil servants with information and communication technology, CSC President Dr Mohamed Latheef said.

“Civil servants, from those at the lowest level to the highest levels, must be familiar with ICT [information and communication technology]. ICT is literacy of the work place,” Latheef said.

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JSC to evaluate performance of judges

The judicial oversight body, the Judicial Services Commission (JSC), is to evaluate performances of all judges at least every two years under a new regulation.

The Regulation on Evaluation of Judge’s Performance came into effect on January 1, and was made public on Tuesday.

“This regulation allows the JSC to take action against non-performing judges and also provides incentives for judges who perform well,” JSC member and opposition Maldivian Democratic Party (MDP) MP Ahmed Hamza said.

Under the regulation, the JSC is to appoint a five-member subcommittee to conduct performance appraisals of all judges. Judges will be evaluated on four criteria:  work performance, commitment to the judges’ code of conduct, attendance, and extent to which the judge’s verdicts are repealed in the appeal process.

If a judge gains between 85- 100 points, he or she will be given priority in promotions to a superior court.

However, if a judge receives below 50 points in two consecutive appraisal terms, the JSC will recommend the People’s Majlis to retire the judge or transfer the judge to another position in the judiciary.

Hamza said the regulation constituted an important step in holding judges accountable, but said the judiciary intervened regularly in the JSC’s attempts to discipline judges.

“Influential judges do not want the JSC to function. They use legal loopholes to undermine the JSC’s powers,” Hamza said, referring to the recent Supreme Court’s mandamus order halting the JSC’s decision to shuffle ten superior court judges.

Article 46 of the Judges Act allows the JSC to transfer judges between courts on the request of the Judicial Council.

However, the Supreme Court has annulled the Judicial Council and taken over the council’s powers, effectively limiting the JSC’s power to transfer or appoint any judges unless authorised by the Supreme Court.

Hamza said the People’s Majlis needed to amend judiciary related laws to limit judicial interference in the JSC.

The JSC’s record on disciplining judges has been mediocre. In 2012, a series of sex tapes which appear to show Supreme Court judge Ali Hameed fornicating with three different foreign women in a Colombo hotel room were leaked on social media.

The JSC set up an investigative subcommittee twice, but has failed to follow the subcommittee’s recommendations to suspend Hameed for failing to cooperate with the investigation.

In 2011, the JSC decided to take action against Criminal Court Chief Judge Abdulla Mohamed for politically biased comments in the media. Abdulla Mohamed, however, requested the Civil Court invalidate the JSC’s decision, claiming the media had taken his statement out of context.

The Civil Court issued an injunction in November 2011, ordering the JSC to halt disciplinary action until the court had reached a verdict in the case. The High Court upheld the Civil Court’s injunction in April 2012.

Abdulla Mohamed retains his position as Criminal Court Chief Judge. He was among the ten judges the JSC had decided to transfer before the Supreme Court’s order.

Abdulla Mohamed was a central figure in the downfall of former President Mohamed Nasheed, following the military’s detention of the judge after the government accusations of political bias, obstruction of police, stalling cases, links with organised crime.

The Home Minister at the time described the judge’s conduct as “taking the entire criminal justice system in his fist” in order to protect key figures of the former dictatorship from human rights and corruption cases.

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Home Minister Umar Naseer orders preparations for death penalty

Minister of Home Affairs Umar Naseer has released an order on the Maldives Correctional Services mandating the implementation of the death penalty.

“I order the Maldives Correctional Services [MCS] to implement the death penalty – as sentenced by the Supreme Court – through the use of lethal injection, and to make all necessary arrangements for the implementation of such sentences, and to obtain all necessary equipment for the implementation and maintain the set-up at the Maafushi Prison,” read the order signed by Naseer and made public at a press conference today.

The home minister’s decision comes just days after a death sentence was handed to Hussain Humam Ahmed on charges of murdering the moderate religious scholar and MP Dr Afrasheem Ali in October 2012.

The order was received by MCS Commissioner of Prisons Ahmed Shihan at today’s event.

Naseer stated that the order is in alignment with the draft bill on death penalty implementation which the state has made ready for submission to the parliament. He confirmed that advice had been sought from the attorney general prior to the signing of the order.

“We will not wait for laws to be drafted and passed. The law allows for implementation, and it is at the discretion of the home minister to order implementation,” Naseer said, adding that – should a relevant law be passed in the future – the state would then abide by the new laws.

Implementation only after appeals

The home minister further stated that the death penalty will be implemented only after all appeal processes are exhausted. If the sentenced fails to appeal his case, the state itself will initiate all avenues of appeal prior to the implementation of the sentence, he added .

Naseer said that while the order applies to all pending death sentences, and not just the ones that come after the issuance of the order, the state will not seek to expedite any of the existing appeal cases.

“The government will not interfere with the work of the judiciary, either to expedite or slow down a process. The bottom line is, the death penalty will only be implemented once all the appeal processes are completed,” he stated.

“Regulations on how this penalty will be implemented have already been compiled. Media will have access to the centre of implementation, but not will be allowed inside. The MCS now must run training programs for those who will be involved in this work and they will also begin work on establishing the necessary set up,” he continued.

“While this order does not detail a specific deadline for completion of this task, the MCS will have everything ready by the time we will need to implement such a sentence.”

The minister added that, in the case of minors sentenced to death, “I think the rule is to wait till they turn eighteen for implementation of the sentence. It will be done in accordance with international treaties we have signed”.

Naseer stated that, as Home Minister, he would need to sign a specific order to authorise the execution of each individual person sentenced to death.

A source at the Home Ministry stated that, although there are approximately twenty individuals currently sentenced to death, all cases are being appealed at the High Court and have not yet reached the Supreme Court.

Background

While death sentences continue to be issued in the country, these have traditionally been commuted to life sentences by presidential decree since the execution of Hakim Didi in 1954 for the crime of practising black magic.

In May last year, the UN country team called for the abolition of death penalty in the Maldives, stating: “in view of the country’s more than 50 year moratorium, the United Nations call upon the Maldives to take the opportunity to reaffirm its commitment to its international human rights obligations, and abolish the death penalty”.

Earlier in 2013, calls for presidential clemency to be blocked resulted in then Attorney General Azima Shakoor asking the High Court to decide upon the matter.

Azima further drafted a bill in December 2012 favouring the implementation of the penalty via lethal injection. This was met with opposition from religious groups including Jamiyathul Salaf, which called for the draft to be amended in favour of beheadings or firing squads.

In June 2013, Dhivehi Qaumee Party MP Riyaz Rasheed submitted a bill asking for death penalty to be implemented by hanging. The bill was rejected by 26 votes to 18, with no abstentions.

During campaigns for 2013 presidential elections, incumbent President Abdulla Yameen stated that “murder has to be punished with murder”. Yameen revealed that, although he was previously not an advocate of the death penalty, he “had a change of heart” due to “murders that have become too commonplace”.

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Three MOUs signed on President’s Sri Lanka trip

After promising the signing of four agreements during his three day state visit to Sri Lanka, President Abdulla Yameen has today signed three MOUs with the Sri Lankan government.

Deals were signed concerning transnational crime and developing police cooperation, vocational training and skills development, and sports cooperation.

Accompanied by the first lady, President Yameen also met with President Mahinda Rajapaksa, following a 21 gun salute in honour of the visit.

Sri Lankan media has also reported Yameen as saying that the two countries would be looking to promote joint tourism packages.

Elsewhere, External Affairs Minister Professor GL Peiris was reported to have praised the Maldives recent political transition as a sign of maturity and foresight in all parties.

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MACL launches new air traffic control system

The Maldives Airport Company Ltd (MACL) today launched it Automatic Dependent Surveillance Broadcast – ADS-B – system, at a function at Trader’s hotel in Malé.

The new air traffic control technology will replace radar surveillance – introduced in 2010 –  at a fraction of the cost of providing full radar coverage at Ibrahim Nasir International Airport  (INIA). MACL has invested over MVR6million to integrate the system into the current Malé Area Control Centre.

Four ground stations have been installed – two at INIA, one in Kulhuduffushi, and one in Fuvahulah.

“With duplicated ground stations deployed across Maldives, it can give ATC surveillance capability over 98% of Flight Information Region above FL300 (30,000 feet) and surveillance over the entire domestic sector,” read an MACL press release.

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Maldives holds Guinness world record for divorce rate

Fathimath Leena* was 15 when her boyfriend raped her. Having grown up in the conservative city of Malé – where sex outside of marriage is seen as a sin and punishable by law – Leena felt obliged to marry her boyfriend when she turned 18.

“I held very conservative values at the time. Since we had already had sex, I felt like I had to marry him to legalise sex,” the slim, curly haired woman said over a cigarette and coffee.

The marriage lasted one month.

“He would frequently lock me up in our room. I was not allowed to see or speak to my family. He beat me every day. Once, he even burnt me with an iron. He had always been possessive, but I did not expect that kind of violence,” she said in a matter of fact tone.

“I did not have the courage to tell my parents. They were quite happy I had settled down. But one day, he started beating me in public in a shop. I ran out, he followed me into his parents apartment and in a fit of anger he told me I was now divorced,” she recounted.

Since then, Leena, now 29, has been married and divorced twice more and has a child from her third marriage.

According to the Guinness Book of World Records, Maldives ranks highest in the world with 10.97 divorces per 1000 inhabitants per year. Maldives’ divorce rate is twice as high as second placed Belarus.

“Maldives may rank highest in the world for divorces, but at least the ease in getting a divorce ensures women or men do not stay in abusive or unhappy relationships,” Leena said.

Ease of divorce

Obtaining a divorce is relatively easy under the Maldives’ mixed Shari’ah and common law system. A man is allowed to divorce his wife out of court simply by saying he was divorcing her. He is also allowed to revoke the divorce within three months.

A woman can only seek divorce through the courts, and if the judge decides the grounds for divorce are justified.

According to the Department of National Planning, 5,699 couples got married in 2012, but 3,011 couples got divorced in the same year.

The Family Court in Malé says it processed 784 cases of divorce in 2013. Of the 784, 360 were out-of-court divorces, and 262 cases were women seeking divorce through the court.

According to a family court official, who wished to remain anonymous, the court has imposed a MVR 5000 (US$ 324) fine to mitigate the high divorce rate and ensure couples seek reconciliation before obtaining a divorce. However, in 2013, only 14 couples sought reconciliation.

The family court is at present conducting an analysis of reasons for divorce, the official said.

Legal sex

Leena believes most couples get married  young in order to legalise sex. According to a 2011 UNFPA study on reproductive health, knowledge and behavior of young unmarried women in the Maldives, Maldivian youth are sexually active outside of marriage despite existing social belief systems, which consider sexual behavior outside of wedlock to be unacceptable.

“Parents and society frowns upon unmarried couples spending time together alone and press for marriage even though the couples may not be financially independent,” she said.

Leena said she had married her second and third husband for love. However, living in congested households with extended families had strained both marriages.

“People get married without financial independence and when they are not emotionally mature. There is no privacy to solve the smallest issues. So they escalate. Also, most couples live with their children in the same room and this can strain marriages,” she added.

A 2008 Human Rights Commission of the Maldives (HRCM) study said 12,000 families living in Malé do not have their own housing and are forced to share accommodation with other families.

Historically high divorce rate

State Minister for Gender and Family Dr Haala Hameed said a lack of research on Maldives’ high divorce rate made it difficult to pinpoint exact reasons for divorce.

She said that Maldives had historically had high divorce rates, but believes recent increase in divorce rates may be due to stress within families as women enter the work force.

“In this globalised era, more and more women are entering the work force. High standards of living necessitate women supplement their husband’s income. However, there are no childcare facilities. And certain religious elements see women in the workforce – or active in public space – in a negative light. All of this can create stress within families and lead to divorce,” she speculated.

A myriad of problems emerge when divorce becomes common, she said. “Children tend to bear a huge loss when parents separate. Children from broken families are often neglected. They then tend to become school drop outs, engage in drug abuse or resort to violence,” she said.

Meanwhile, Leena said she had no regrets over her three marriages.

“It’s life. What can we do but live and learn from it? I have no regrets. Relationships do not last forever. When the time comes, I am ready to settle down again.”

*Name changed

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Defence Ministry audit reveals MVR6.78 million worth unlawful purchases

The Ministry of Defence and National Security audit report for the year 2011 has revealed that the ministry unlawfully purchased goods worth MVR6.78 million through Maldives National Defence Force’s (MNDF) cooperative society SIFCO.

The report states that MVR4.7 million worth goods were purchased through SIFCO, contrary to article 8.14 of state finance regulation which states that goods and services below MVR25,000 should be purchased only after reviewing proposals from at least three interested parties, and with an official written justification for the choice made.

It also said MVR2 million worth goods were purchased against article 8.15 of the regulation, which states goods and services above MVR25,000 should be purchased through a publicly announced competitive bidding process.

The auditor general (AG) recommended action against responsible persons as per the Public Finance Act

The report also highlighted that MVR1,200,324 was paid to military personnel on leave, particularly to those studying overseas, against relevant rules and regulations.

Salary and allowances worth MVR344,299  was said to have been paid to a defense adviser posted at the Maldivian High Commission in India for days without any record of attending work.

The AG’s opinion given in the report said the ministry’s 2011 budget was not spent within the set limits set, nor was it spent to fulfill the given activities and objectives.

The AG also questioned the validity of financial statements declared by the ministry, stating that the “statement of liabilities” and “statement of assets” declared “does not truthfully reflect” the actual assets and liabilities of the ministry.

The ministry’s figures were MVR39.8 million as assets and MVR29.8 million as liabilities for the year 2011.

The document highlighted that resources donated for the SAARC summit, which can be considered as tangible assets, were were not valued and included in the financial statements, and that special military equipment which could be considered the same were also not included in the statements.

In addition to that MVR122.7 million which should be included in capital expenditure were included as recurrent expenditure (as spent on seminars and meetings).

The final budget for the ministry in 2011 was MVR834 million, of which MVR789.47 million was spent within the year.

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