Month: February 2014

Majlis removes MP Hamza from judicial watchdog

The People’s Majlis has removed MP Ahmed Hamza from the judicial watchdog body – the Judicial Services Commission (JSC).

Speaker Abdulla Shahid sent a letter to the JSC President and Supreme Court Judge Adam Mohamed informing him that Hamza is no longer a member of the commission following his decision to contest parliamentary elections.

Hamza is standing in the March 22nd election for the Bilehdhoo constituency in Faafu atoll.

Shahid said Hamza had lost his seat as Article 10 of the JSC Act states that a commission member will lose their seats if they stand for a political position elected under the constitution or a law.

Speaking to Minivan News, Hamza said he did not believe Shahid’s interpretation is accurate.

“But I accept the decision since Article 14 of the act states that the parliamentary representative can only be removed by the People’s Majlis,” he said.

Hamza has previously said that the speaker and Majlis representative should be exempted from Article 10 “as it creates a legal vacuum.”

Meanwhile, Shahid has also announced he will contest the Majlis elections. Hamza said his removal from the JSC meant that Shahid might also lose his seat.

Judge Adam Mohamed sent a letter to Hamza and President Abdulla Yameen earlier this week claiming Hamza’s position was now vacant.

Hamza responded by stating his belief that Adam Mohamed’s attempt to remove him was intended to reduce the number of members who advocated for judicial reform and an investigation into Supreme Court Judge Ali Hameed’s alleged involvement in a series of sex tapes.

Similarly, former Attorney General Husnu Suood has suggested his suspension from practicing law – handed down by the Supreme Court last month – was related to his role in the JSC’s investigation into the Hameed tapes.

Sheikh Shuaib Abdul Rahman – the public’s representative on the JSC  – has also accused Judge Adam Mohamed of stalling the JSC’s investigation into the Hameed scandal.

Adam Mohamed had refused to schedule a vote on whether to suspend Hameed following his refusal to cooperate with the investigation, Hamza said.

“The JSC cannot be productive as long as Adam Mohamed remains the president,” he said. “I call on the public to pressure the JSC to table the motion to suspend Ali Hameed,” he said.

Hamza has previously accused judges of using legal loopholes to preventing the JSC from functioning.

The Supreme Court in January prevented a JSC attempt to shuffle judges in the superior courts, stating that the authority to do so was reserved by the Judicial Council – a body which had previously been annulled, and whose powers have been assumed, by the Supreme Court.

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MDP MP Abdulla Jabir sentenced to one year

The Criminal Court has today sentenced Maldivian Democratic Party (MDP) MP and parliamentary elections candidate for Kaashidhoo constituency Abdulla Jabir to one year in prison .

The court found him guilty of refusing to provide his urine sample to the police to run a drug test, and sentenced him to twelve months under the Drug Act 17/2011 article 123(a)(b).

The verdict published on the court website stated that on November 16, 2012, Jabir was arrested as a suspect in a drug related case and that police asked him to produce his urine sample to which he clearly refused according to the witnesses produced by the Prosecutor General’s Office.

The verdict stated that, although Jabir had claimed that he was tortured by the witnesses produced by the state, and that the police did not follow the correct procedure when asking for a urine sample, Jabir was not able to prove these accusations to the court.

Article 73(c)(2) of the constitution states that a person shall be disqualified from election as a member of the People’s Majlis – or a member of the People’s Majlis immediately becomes disqualified – if he has been convicted of a criminal offence and is serving a sentence of more than twelve months.

Article 73(c)(3) states that if a person has been convicted of a criminal offence and sentenced to a term of more than twelve months, unless a period of three years has elapsed since his release, or he has been pardoned for the offence for which he was sentenced, he will also be disqualified.

MDP MP Ali Azim and Dhivehi Rayyithunge Party (DRP) MP Mohamed Nashiz were disqualified from the Majlis by the Supreme Court in a controversial ruling over decreed debt in October.

Jabir was set to re-contest his Kaashidhoo seat next month after an internal MDP decision to discipline the MP for repeatedly breaking three-line whips was overturned on appeal.

A house in Malé owned by the MP was raided by police earlier this month. Three men were arrested and drugs and alcohol were seized, though it was reported that Jabir does not live in the building.

MDP Parliamentary Group Leader Ibrahim Mohamed ‘Ibu’ Solih was unavailable at time of press and Jabir was not responding to calls.

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

Seven of the suspects, including Maldivian Democratic Party MPs Hamid Abdul Ghafoor and Jabir were among those charged.

At the time, police submitted cases against former SAARC Secretary General and Special Envoy to the former President Ibrahim Hussain Zaki, former President’s Office Press Secretary Mohamed Zuhair and his wife Mariyam Faiz. The manager of Jabir’s resort J Alidhoo Jadhulla Jaleel and Zaki’s son Hamdan Zaki also face charges.

Two Sri Lankan nationals named Raj Mohan and Anoor Bandaranayk as well as a Bangladeshi named Suhail Rana were taken into custody following the island raid.

Police Sub-Inspector Hassan Haneef said at the time of the arrests that officers requested all suspects taken into custody on Hondaidhoo to provide urine samples for a routine examination. However, only Hamdhaan Zaki and the three foreign suspects complied with the request.

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

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Trade and commerce “magic wand” for achieving SAARC’s goals: President Yameen

Trade and commerce is the “magic wand” for achieving the South Asian Association for Regional Cooperation’s (SAARC) goals of mutually beneficial cooperation, President Abdulla Yameen suggested this morning at the inauguration of the 35th session of the SAARC council of ministers.

In his speech at the council of foreign ministers hosted by the Maldives at Bandos Island Resort, President Yameen said that poverty, malnourishment, gender inequities, and access to safe drinking water and food were among some of the “collective challenges” faced by South Asian countries.

“If there is a magic wand to enable SAARC to achieve these goals, it is trade and commerce. Commerce unlocks the doors to each other’s countries, and cultivates closer ties of mutual understanding. Business transactions foster good neighbourly relations through the sharing of goods and values,” Yameen said.

“Trade and investment derive mutual benefits and improves the collective resilience of the region. Indeed, trade is the master key to turn poverty into prosperity.”

Yameen observed that the volume of trade within the region “remains at an abysmal low”.

“It is sad but true that SAARC member states often import from third countries goods produced in other SAARC countries. Barriers to entry and transaction costs are high,” he explained.

While the South Asian Free Trade Agreement (SAFTA) was drawn up as “a grand scheme” to enhance regional trade, Yameen argued that SAFTA has in many cases created “even more barriers”.

In the 27 months since the Maldives assumed chairmanship of SAARC, Yameen noted that progress has been made in “key areas of cooperation” such as trade, commerce and finance.

“Collective voice”

Despite being home to one-quarter of the world’s population, Yameen observed that the regional bloc held “limited power” in the international arena.

“We command limited attention and we demand limited engagement. Despite our share of the global population, we carry no collective voice,” he said.

South Asian countries should “stand up for each other, protect each other, and fight the cause for each other,” he said, calling on member states to “show the world the solidarity of SAARC”.

If a member state is “subjected to unfair treatment,” Yameen urged other South Asian countries to “stand up and demand justice.”

“It is time that the member states of SAARC forge common positions on critical issues of importance to our region and the rest of the world. Individually, we might only have limited impact or little strength, but collectively we can move mountains,” he said.

He added that the Maldives, despite being the smallest state in the association, had “a disproportionate stake in ensuring ensuring that regional cooperation succeeds in South Asia”.

Reforms

On the need for reforms, recognised since 1997, Yameen noted that member states agreed during the summit held in Addu City in November 2011 to conduct “a comprehensive review of SAARC processes and institutions”.

The SAARC secretariat conducted a study to “streamline, rationalise, restructure, and strengthen SAARC mechanisms and processes,” which was being deliberated by foreign secretaries in order to implement its recommendations.

As the current meeting of foreign ministers was the last before Secretary General Ahmed Saleem – former chair of the Human Rights Commission of Maldives – hands over the rotating post to Nepal, Yameen expressed “deep appreciation for his major contribution to strengthen the association through his dedication and astuteness”.

Following consideration of the secretariat’s study, President Yameen said the Maldives would stress further cooperation in identified areas, using SAARC for building regional resilience, and “increasing the association’s international relevance”.

Concluding his address, President Yameen called on member states to “give meaning to the lofty goals set out in the charter” and “return to its original idea of promoting the quality of life of the peoples of South Asia”.

“Because, it certainly is the time for SAARC to help the peoples of our region in their march towards their manifest destiny,” he said.

Ministerial meeting

Among the issues on the agenda for the council of foreign ministers today – the highest level meeting since November 2011 – were strengthening relations with observers, reviewing the secretariat’s study, and enhancing regional connectivity.

A decision on the inclusion of Turkey as a SAARC observer state is also up for discussion.

At its meeting during the November 2011 summit, the council agreed to conduct feasibility studies for an ‘Indian Ocean Cargo and Passenger Ferry Service’.

The 17th summit concluded with the signing of the ‘Addu Declaration,’ which contained key agreements affecting the region, including a commitment to establish the passenger and cargo ferry service.

Other agreements included the strengthening of the SAARC Secretariat, the establishment of a South Asian Postal Union, and intensification of efforts to reduce non-tariff barriers to trade and reduce the sensitive lists, which include items excluded from tariff concessions.

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MMC presidency vacant once more

The recently elected President of the Maldives Media Council Abdulla Muaz has been removed from the position after fellow council members ruled that his selection had not followed due process.

Local media outlet Sun Online reports that the council felt one of the rival candidates for the post had not been afforded the mandatory 72 hours for campaigning, as he had been abroad when nominated for the position.

Both Mohamed Abdulla Shafeeg and Midhath Adam had contested for the post alongside Muaz.

The position of president of the council became vacant on February 9 of the council, when Husham Mohamed resigned after saying the council did not have adequate legal authority to fulfil its mandate.

The fifteen member council consists of 8 members from the public and 7 from the media. It is tasked with ensuring freedom of media and enforcing ethical guidelines.

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Indian external affairs minister arrives in Maldives

Indian Minister of External Affairs Salman Khurshid has arrived for a three day visit to the Maldives after being delayed due to domestic commitments.

During his visit, Khurshid will attend the SAARC Council of Ministers meeting on Bandos Island Resort. As well as calling on President Abdulla Yameen, the minister will hand over landing craft to the MNDF, and will take part in a ceremony handing over the India-Maldives Friendship Faculty for Hospitality and Tourism Studies to the Maldivian government.

Khurshid will also lay the foundation stone of a new building to be used by the Ministry of Defence and the Coast Guard.

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State to appeal ruling on diplomatic law

The government is reported to have requested that the Supreme court look into a ruling which stated Maldivian citizens were not obliged to respect diplomatic law.

A High Court ruling in August last year suggested that Maldivians are “not required” to act in compliance with Vienna Convention on Diplomatic Relations, as no national law currently exists in the country that requires enforcement of the convention.

The High Court’s ruling came alongside a decision made regarding an appeal case filed at the court concerning breach of a lease agreement between an individual named Mohamed Shareef and the High Commission of India.

Haveeru has reported that the state will appeal the ruling in the country’s highest court.

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EC receives complaints of damage to campaign banners and posters

Read this article in Dhivehi

The Elections Commission (EC) has said that it is receiving complaints of damage being done to campaign material – such as posters and banners – from most candidates contesting in the parliamentary elections.

The commission requested people not do anything that could violate the electoral rights of candidates, and called upon both candidates and supporters to work according to the code of conduct given in Article 23 of the “People’s Majlis Election Regulation 2013”.

EC president Fuwad Thowfeek said that the commission was receiving a number of such complaints everyday, particularly from Malé City.

“Such acts could disrupt social harmony, and we request everyone refrain from doing any such thing. Parliamentary candidates want to serve the public, and involvement in such things is not a very good start, said Thowfeek.

“While it is not our first preference, we will have to take legal action too. We will seek police assistance in controlling such things.”

He requested that campaigners paste posters only where it is permitted according to the regulations. During the presidential elections in 2013, the EC received a number of complaints regarding anti-campaigning, though Thowfeek noted that no such issues had come up this time.

“But we urge candidates and supporter to refrain from anti-campaigning. We will take action against them,” Fuwad said.

Last week, the Adhaalath Party issued a statement condemning acts violating their Hulhuhenveiru candidate Dr Mohamed Iyaz’s electoral rights. The party claimed that posters of some Maldivian Democratic Party (MDP) candidates were pasted over Iyaz’s posters and that his campaign banners were cut down.

The MDP candidate for Henveiru North, MP Abdulla Shahid, has also filed a similar complaint with the EC. Shahid’s campaign office said that his campaign posters and banners in the Henveiru North area were ripped and replaced with Progressive Party of Maldives (PPM) candidates’ campaign material.

Campaign activities for the parliamentary elections are escalating as the election scheduled for 22 March draws near.  A total of 316 candidates are competing for 85 seats this election, more than sixty percent of candidates representing political parties.

Earlier this week, the Environmental Protection Agency requested that all contestants ensure that campaign material does not litter the streets of the country, as was often the case during the presidential poll.

Th opposition Maldivian Democratic Party (MDP) is running for all 85 seats, while the ruling PPM has divided the seats among their coalition members, with the party retaining just 50 seats.

The remaining seats were divided between Jumhooree Party and the Maldives Development Alliance. The Adhaalath Party and the Dhivehi Rayyithunge Party are also competing in the election, while 125 independent candidates will also contest.

EC yesterday opened for voters re-registration for those intending to vote at a polling station other than that listed with the commission. The deadline for re-registration is 28 February.


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High Court upholds dismissal of corruption charges against deputy speaker of parliament

The High Court last Thursday upheld the Criminal Court’s dismissal of corruption charges against Deputy Speaker of Parliament Ahmed Nazim.

The ruling Progressive Party of Maldives MP was charged with four counts of corruption in late 2009 for allegedly conspiring to defraud the former Ministry of Atolls Development.

Shortly after the controversial transfer of presidential power in February 2012, the Criminal Court ruled that there was insufficient evidence implicating the MP in the alleged scam.

The Prosecutor General’s office appealed the decisions later that year at the High Court on the grounds that the Criminal Court refused to accept state witnesses.

The court of appeal ruled last week that the prosecution was unable to prove that Nazim’s employees signed bogus bid proposals on his instructions.

Moreover, the High Court referred to a Supreme Court precedent which established that accomplices to a crime could not testify for or against an alleged partner to the crime.

The scam – first flagged in an audit report released in early 2009 – involved paper companies allegedly set up by Nazim to win bids for projects worth several hundred thousands dollars, including the fraudulent purchase of harbour lights, national flags, and mosque sound systems.

At a press conference in August 2009, police exhibited numerous quotations, agreements, tender documents, receipts, bank statements, and forged cheques showing that Nazim received over US$400,000 in the scam.

A hard disk seized during a raid of Nazim’s office in May 2009 allegedly contained copies of forged documents and bogus letterheads.

Police alleged that money was channelled through the scam to Nazim who laundered cash through Namira Engineering – of which Nazim was the managing director – and unregistered companies.

Paper companies were allegedly formed using Namira’s equipment and staff to bid for public tenders announced by the now-defunct ministry.

According to the audit report,  evidence was uncovered linking those companies to Nazim with phone and fax numbers stated on the bidding documents registered under his address while the company shareholders were either working at Namira or relatives of Nazim.

Then-employees of Namira testified under oath that they were instructed by Nazim to bid for the projects – however, the Criminal Court judge concluded from their testimonies that they were responsible for the procurement fraud and dismissed their testimonies.

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Pioneering desalination project launched in the Maldives

The island of Gulhi, in Kaafu atoll, yesterday became the first place in the world to produce desalinated drinking water using waste heat from electricity generation.

The project – a joint venture between state electricity supplier STELCO and UK registered charity the Aquiva Foundation – will produce around 8000 litres of water for local consumption.

“We think this is a fantastic opportunity for the Maldives, but if it works in the Maldives the way we think it will, I think the world will look differently at desalinating water, because all of a sudden you can do it sustainably on a really large scale,” said Aquiva CEO Florian Bollen.

The lack of fresh drinking water in the country’s 190 inhabited islands – made worse with the contamination of groundwater following the 2004 tsunami – leaves most communities reliant on rainwater and vulnerable to shortages during the dry seasons.

However, the dispersed nature of the islands, and the lack of a national grid means that every inhabited island houses its own facilities for electricity generation.

Research carried out by Aquiva prior to the project suggeste that 95 percent of Gulhi’s inhabitants were unhappy with the water supply in the island, which leaves them reliant on impure rainwater for drinking and contaminated ground water for washing.

The UK charity has installed a membrane distillation unit behind the island’s generator which will use the excess heat produced by the cooling system to induce the distilling process.

Sustainable supply

Yesterday’s launch was attended by the Minister for Environment and Energy Dr Mariyam Shakeela, who noted that the improvement of water supply was one of the new government’s 100 day goals.

The ministry has recently inaugurated safe drinking water projects in both Haa Alif and Alif Dhaal as part of its drive to introduce integrated water resource management programmes across the country.

Minister of State for Environment and Energy Abdul Matheen Mohamed told Minivan News today that the government was emphasising integrated systems in order to make the best use of the resources currently available.

“Our policy is to use the available resources as much as possible,” said Matheen. “Just basically to reduce the water costs.”

“What we are doing in the existing islands is using reverse osmosis plants to desalinate the water, which is a very expensive method of getting fresh water. We have to find ways to reduce the water costs.”

In January, the Abu Dhabi Fund for Development chose the Maldives from amongst 80 applicants to receive concessionary loans worth US$6 million (MVR92 million) for a clean energy project which could produce up to 62 million litres of desalinated water per year.

The ministry’s programmes also aim to raise local awareness on the protection, conservation, and use of water resources such as groundwater, rainwater, and desalinated water, explained Matheen.

He also noted that an integrated water approach  included the use of renewable energy sources, predominantly solar power, which reduce the need to use expensive diesel. Ministry figures for 2012 show that 27 percent of imported fuel was used for electricity generation.

Reverse osmosis systems require fuel which powers a high pressure pump to produce the clean drinking water, a process which Aquiva CEO Bollen also noted was “very high maintenance”.

“You have to have 24 hour engineers on site. With our system, we don’t have any of those pressures. It’s based on very low pressure, it’s very easy to maintain. The staff which usually look after the generators can actually look after the desalination plant. That makes it really applicable to remote small island locations.”

The project will also lead to a reduction of waste – a perennial problem in the Maldives inhabited islands – as reusable containers will be used to collect the distilled water and distribute it to households, before being returned to the desalination plant.

In order to sustain its projects, the Aquiva foundation will provide its services at cost price, with any profits made being reinvested into further projects.

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