Authorities failed to address safety concerns before deadly crane accident, says Port Worker’s Union

Following the death of two port workers last night (April 7), the Maldives Ports Workers Union (MPWU) has said that staff had repeatedly complained that the boat and the crane involved were unsafe.

Port workers, including the winch men, had reportedly complained that the boat concerned was not safe and that the rollers (a part of the crane) had not been serviced.

Mohamed Nashid, 32, from Kudafary in Noonu atoll and Ibrahim Shareef, 36, from Malé were both killed when the crane’s wire snapped while loading a container onto the boat. The crane’s operator, Imran, fainted on seeing the incident and suffered minor injuries as a result.

Maldives Ports Limited (MPL) has said that all safety requirements had been met, and that the port adhered to international safety standards.

Head of the MPWU Ibrahim Khaleel has said, however, that “employees are in a state of fear.”

“MPL has failed to address any complaints, and furthermore blacklists any employees who complain claiming they are against the government and the management.”

“We have not yet been able to identify who should bear responsibility for the accident,” stated Khaleel, adding that the Transport Ministry must bear some responsibility as it has to do routine inspections on the vessels.

CEO of MPL Mahdi Imad said at a press conference today that all port staff are insured and trained under ILO’s port training. The ships and cranes are checked once a year, he noted, and when the containers were being unloaded all safety requirements were met.

Tragic accident

The ship, named the Morning Viship, had been travelling from Cochin, India, where it had reportedly been shored and renovated.

According to Khaleel, the container fell while a crane was loading it ontothe boat. Reports stated that a piece of the crane’s equipment cracked, causing a flying piece of metal to strike the two MPL staff below, one on the head and the other on his back.

Mohamed Nashid, father of two, was killed instantly from the impact, suffering massive head injuries. Meanwhile, Ibrahim Shareef – a father of three – died while being treated at IGMH for severe skull and back injuries.

The crane operator Imran, fainted upon seeing the accident, with authorities struggling to remove him from the controls as he remained unconscious for an hour after the incident. He suffered minor injuries, and was taken to the ADK hospital for treatment.

Additionally, MPL Cargo Department General Manager Mohamed Hashim contended that such accidents were rare at the Malé business port with just four in MPL’s history. Safety classes and training were conducted regularly for MPL staff, he added.

While Imad and Hashim insisted that safety measures were up to the International Labour Organisation (ILO) standards, newspaper Haveeru has reported an unnamed MPL staff as claiming that mandatory safety officers were not present last night when the incident occurred.

“Safety officers came to the scene of the incident after more than 30 minutes. And ILO standards state that everyone at the scene must be given counselling after such a serious incident. But nothing like that has been done either,” the anonymous employee was quoted as saying.

The MPWU also contended in a press release today that none of the previous incidents were adequately investigated and that no corrective measures were taken. The union called on authorities for full investigation and to provide compensation to victim’s families.

Hashim said the transport authority and the marine police have launched an investigation, and that MPL operations are suspended until tomorrow while Police have cordon off the business port compound for their investigation.

In an appeal to the public, the Police have appealed to people not to share the victims’ dead bodies on social media. “Such acts deepen the pain of the victim’s families and friends,” the police stated.

MPL’s Imad said that work had been suspended today for an investigation, and will restart at 7:30am tomorrow morning. He confirmed that the MPL will bear all the costs for the two men’s children until they are 18.

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Arbitration proceedings in GMR case to begin within the week

Proceedings in the US$1.4 billion GMR arbitration case will begin this Thursday, local media has reported today.

Officials at the Attorney General’s Office told Minivan News that, while they could not confirm the precise dates, representatives of the office working on the case are currently in Singapore.

Citing sources within the government, media has reported that both the government of Maldives and the state-owned Maldives Airports Company Limited (MACL) will be represented at the hearings which they have said will begin on Thursday (April 10) for six days.

The case was filed following the premature termination of the a 25-year concession agreement to develop Malé’s Ibrahim Nasir International Airport (INIA) by the government of President Dr Mohamed Waheed in December 2012.

The Attorney General’s office has earlier stated that the Maldives will be represented by Singapore National University Professor M. Sonaraja, while former Chief Justice of the UK Lord Nicholas Addison Phillips will represent GMR.

The arbitrator – mutually agreed upon by both GMR and the Government of Maldives – is retired senior UK Judge Lord Leonard Hubert Hoffman. Both GMR and the government have earlier stated that arbitration proceedings will be concluded around May this year.

In 2010, GMR Male International Airport Pvt Ltd, owned by GMR-MAHB consortium, was awarded a concession contract to manage INIA in an investment worth US$511 million – the largest in the Maldives history.

In December 2013 President Waheed’s government prematurely terminated the concession agreement claiming that it was ‘void ab initio’, or invalid from the outset.

The management of INIA was returned to the state-owned MACL which at the time was still responsible for some aspects of airport operations.

After an injunction blocking the Maldivian government from voiding the agreement was overturned by the Supreme Court in Singapore in June 2013, GMR initiated the arbitration process claiming US$1.4 billion in compensation for “wrongful termination”.

During the second round of procedural hearings in August 2013, the tribunal acceded to GMR-MAHB’s request to split the proceedings in two – firstly determining liability, before quantifying the amount of compensation to be paid separately.

The proceedings will consider GMR’s claim is for compensation as per the termination clause of its concession agreement, a parallel claim for loss of profits over the lifespan of the agreement due to its termination, and the Maldives government’s counter-claim for restitution should the tribunal decide in its favour.

Indo-Maldivian relations appeared to have be strained following the termination of GMR contract, although bilateral relations have improved with the election of President Abdulla Yameen.

Indian Prime Minister Dr Manmohan Singh has since requested President  Yameen to “amicably” settle the GMR airport issue.

Speaking to local media, Attorney General Mohamed Anil has earlier suggested the government had a strong case in the arbitration proceedings.

In separate Singapore-based arbitration proceedings, one of the project’s lenders, Axis Bank, was said to have sought payment of US$160 million for a loan guaranteed by the Maldivian Finance Ministry. These reports were subsequently denied by the government.

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Candidates for Villingili and Mahibadhoo constituency seek to invalidate elections

Candidates who unsuccessfully contested for Majlis seats in Gaafu Alifu and Alifu Dhaalu atolls have filed cases at the High Court to invalidate the election results of those constituencies.

According to local media, Maldivian Democratic Party (MDP) candidate for Gaafu Alifu Villingili constituency Haroon Rasheed and Jumhooree Party (JP) candidate for Mahibadhoo constituency Ahmed Sunil filed the cases today.

Mahibadhoo constituency was won by independent candidate Ahmed Thariq ‘Tom’ – who has since joined Progressive Party of Maldives (PPM) – while the Villingili constituency was won by PPM candidate Mohamed Saud.

The High Court has accepted cases concerning electoral issues for eight constituencies so far.

Candidates who contested for Mid-Hithadhoo, Naifaru, Shaviyani Funadhoo, Thimarafushi, Kurendhoo, and Nolhivaram have also filed cases with the High Court.

These initial results in these constituencies returned two progressive coalition MPs-elect – one JP and one PPM, one independent candidate, and three MDP representatives, although this includes Thimarafushi’s Mohamed Musthafa who defected to the PPM within 10 days of the poll.

The court has started the hearings concerning the Funadhoo, Hithadhoo-Mid, and Kurendhoo constituencies.

The High Court has today concluded hearings into the Mid-Hithadhoo case, saying that if the court does not need to further study the case or question witnesses during the next hearing it will deliver a verdict.

PPM candidate in Mid-Hithadhoo Ibrahim ‘Hiyaaly’ Rasheed, who filed the case, has asked the High Court for police intelligence regarding the bribery allegations he has made.

Rasheed’s lawyer has submitted the names of 10 witnesses to prove his client’s allegations that there was bribery involved in the parliamentary elections.

MDP candidate for Shaviyani Funadhoo constituency Abbas Mohamed, who lost the seat to PPM candidate Ali Saleem, has alleged that the ballot box kept in Shaviyani atoll Magoodhoo was closed after the time specified by the Elections Commission (EC).

He alleged that election officials started counting the Magoodhoo ballot box after the EC had announced the preliminary results, questioning the validity of the poll.

Abbas also said that PPM candidate Saleem had campaigned after the campaigning time was up by throwing flyers and posters around the islands.

He alleged that Saleem had bribed people in the day of election and that his complaints – filed with the EC complaints bureau – were not considered.

Saleem won the seat by 930 votes while MDP candidate got 855 votes.

Following the election, the EC revealed that a total of 115 complaints were submitted in writing to the national complaints bureau, including 18 concerning the voter registry and 33 complaints regarding negative campaigning, the behaviour of election officials, and campaigning during polling hours.

In its preliminary statement on the parliament elections, local NGO ransparency Maldives (TM) said elections were well-administered and transparent “but wider issues of money politics threatens to hijack [the] democratic process”.

TM revealed that a survey conducted prior to last year’s presidential election showed that 15 percent of respondents had been offered “money or other incentives” in exchange for their vote.

“Admissions about illegal activities such as this are usually underreported in surveys. TM’s long-term observation indicates that vote buying may be even more widespread in the parliamentary elections than other elections,” the statement read.

“Inability of state institutions to prosecute vote buying due to gaps in the electoral legal framework, lack of coordination, and buck-passing between the relevant institutions have allowed rampant vote buying to go unchecked.”

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Bar Association calls for Ali Hameed suspension

The Maldives Bar Association has called for the suspension of Supreme Court Judge Ali Hameed pending an investigation into allegations over the judge’s appearance in a series of sex tapes.

Hameed’s continued presence on the Supreme Court bench contravenes the Islamic Shariah and the norms of justice, the organisation said in a press statement on Monday.

“Given the serious nature of the allegations against Ali Hameed, that the judge continues to hold trial contravenes norms of justice, conduct of judges, and established norms by which free and democratic societies deal with cases of this nature,” the statement read.

Three videos showing Hameed engaging in sexual relations with foreign women in a Colombo hotel room first surfaced in May 2013. The judicial oversight body Judicial Services Commission (JSC) set up committees to investigate the case twice – in May and December 2013.

Both subcommittees unanimously recommended the JSC suspend Hameed pending an investigation. In July 2013, the JSC disregarded the recommendation citing lack of evidence, while a JSC decision on the December subcommittee’s recommendation is still pending.

JSC member Shuaib Abdul Rahman and former member MP Ahmed Hamza have accused JSC President and Supreme Court Judge Adam Mohamed of stalling the investigation into the scandal.

The JSC’s four-month delay in a decision undermines public trust in the judiciary, the Bar Association said.

President of the Bar Association Husnu Suood, and former member of the second JSC committee set up to investigate the scandal has suggested his suspension from practicing law – handed down by the Supreme Court in January – was related to his role in the investigation.

The Supreme Court withdrew the suspension on Sunday on the condition he refrains from engaging in any act that may undermine the courts.

The Maldives Police Services had completed an investigation into Suood’s alleged contempt of court, but the Prosecutor General’s Office decided not to press charges.

Meanwhile, the police in December said it still could not ascertain if the sex tapes are genuine. Local media have claimed the Maldives Police Services have been unable to proceed with investigations due to the Criminal Court’s failure to provide two key warrants.

The Bar Association has said the JSC must expedite a decision on Hameed’s suspension to uphold public trust.

“Judgments by judge who’s integrity has been questioned is not acceptable under the Islamic Shari’a, given that even testimony from an unreliable source is not accepted,” the statement said.

Hameed contributed to a majority verdict in a series of controversial Supreme Court judgments in recent months, including the annulment of the first round of presidential polls in September 2013, stripping two opposition MPs of their Majlis membership over decreed debt, and the removal of Elections Commission president and vice president.

In May 2013, the Supreme Court requested the Ministry of Home Affairs look into the procedures by which the Bar Association was established, claiming the use of the word ‘Bar’ in the association’s name had lead to “confusion” among international legal and judicial groups.

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Man found dead on April 1 tested positive for opiates

A 24-year-old man found dead in Henveiru Annaarumaage on April 1 less than 24 hours after his release from rehab tested positive for opiates, police have revealed.

“Analysis shows that there was a high concentration of the drugs opium and benzodiazepine in the youth’s urine,” police said in a statement yesterday.

Police media officials were not responding to calls at the time of press to confirm whether a heroin overdose has been established as the cause of death.

Local media identified the deceased last week as Mohamed Rashad from the island of Kulhudhufushi in Haa Dhaal atoll.

According to Rashad’s family, he was released from the rehabilitation centre in Himmafushi the day before his death.

“Mohamed was released yesterday, and he was staying with a friend at Annaarumaage until the community centre could make arrangements,” Rashad’s uncle was quoted as saying by Sun Online.

“His friend was there when I went to the house, who told me that Mohamed was still sleeping when he woke up. When we went and checked, he was dead.”

National Drug Agency (NDA) CEO Ahmed Muneer explained to the online news outlet that patients undergoing community treatment upon release from rehab were required to attend several classes.

Recovering addicts were required to stay in Malé until the process could be completed, Muneer said.

He also denied the family’s claim that they were not informed by the NDA of Rashad’s release.

Spiked

Speaking at a ceremony held on Thursday to mark the second anniversary of the Drug Court, Acting Chief Judge Mahaz Ali expressed concern with the rehabilitation facilities available in the Maldives.

The NDA informed the Drug Court in April last year that all rehabilitation centres in the country were at full capacity, Mahaz revealed.

The main community centre in Malé was at full capacity at the start of this month, he continued, and could not accept more patients.

Since its formation in January 2012 with the enactment of the new Drugs Act, Mahaz said that 93 drug offenders had completed the court-mandated rehabilitation programme.

Of the 93 recovering addicts, Mahaz noted that only eight had been arrested again.

In March 2009, Minivan News reported the death of five drug addicts from overdose or suicide in the space of one month.

Four out of the five addicts had received treatment at the rehabilitation centre in Himmafushi.

Police revealed at the time that a forensic examination of confiscated drugs showed that heroin sold on the streets was laced with benzodiazepine, a class of psychoactive drugs.

The combination of benzodiazepine with opiates is known to lead to coma and even death.

According to local NGO Journey, about 95 per cent of addicts who seek rehabilitation in the country relapse into drug use.

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Maldives police to take part in Chinese seminar

Twenty Maldivian police officers will attend a seminar alongside Chinese counterparts later this month in Shanghai, local media has revealed.

The China-Maldives Police Service Seminar will be held between April 10-23, reported Sun Online who have quoted Commissioner Hussain Waheed as expressing hope that the seminar would bring the standards of the Maldivian participants up to those of Chinese officers.

Speaking at an official inauguration ceremony last night, Chinese Ambassador to Maldives Wang Fukang hoped the seminar could further strengthen Maldives-Chinese relations while thanking local police officers for keeping Chinese tourists safe.

China now contributes more tourist arrivals to the Maldives than any other country, with recent government figures showing that 331,719 Chinese tourists visited the Maldives last year, accounting for 29.5 percent of all tourist arrivals in 2013.

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Comment: Putting democracy on a firm footing

First, it was the symbolic cut in salaries for junior ministers. Then it was the move to replace monthly salaries for local council members across the country with sitting-fees – pending parliamentary approval. The more recent one is the shutting down of the Maldivian Embassy in Dhaka as part of the substantial 40 percent slash in the Foreign Ministry’s budget.

President Abdulla Yameen has proved that he means business when it comes to economising on government expenditure. As a former Finance Minister, he made no bones about pledging to cut down on government-spending in a big way during the closely-fought presidential elections last year. None can thus complain that they were not forewarned.

Whether the nation is on the right economic path will take time to evaluate. For now, for a variety of reasons, including government initiatives of every kind, the US dollar – the nation’s fiscal life-line – has become relatively cheaper. This could encourage the Yameen leadership to attempt more important and equally genuine reform measures on the economic front.

Before the Yameen leadership, the short-lived Maldivian Democratic Party (MDP) government had taken bold moves to initiate across-the-board ‘economic reforms’, as had never before been attempted. Going by successive voter-behaviour since, the huge slash in government employee strength and salaries was not as unpopular as had been thought.

Despite programme-based differences, the MDP and President Yameen’s Progressive Party of Maldives (PPM) have shared an overall common approach to economic reforms. When conceding the election last year, Nasheed promised his cooperation to President Yameen for all policies and programmes that are in the greater interest of the nation.

The MDP has not since criticised, nor even commented upon, the fiscal measures of the new government. It is thus for President Yameen to take the MDP on Nasheed’s word and to initiate a ‘policy consensus’ to the nation’s problems – starting with those on the economic front. He too has begun well by reiterating that his government’s programmes would be meant for all Maldivians without party-bias.

Re-visiting democratisation

If the economy is one area where there seems to be an overall consensus of some kind, political populism still seems to be having an occasional say. The fragile economy is unable to withstand the pressures that are alien to larger and stronger economies for which the IMF model had been built, for Third World nations to follow without adapting to local demands.

Worse still may be the case of the democratisation process in the country, which was a straight import of a template, text-book model. None at the time considered the wisdom of such mindless aping of the West because that was what was better known. That was also the only scheme acceptable to those demanding multi-party democracy of the western model, wholesale.

Maldives and Maldivians had the option of choosing between two broad western models, namely the presidential scheme and the Westminster parliamentary form of government. The nation chose the former, but with institutions and priorities that were originally adapted with the parliamentary model in mind. This has produced a jinxed system, which has to be exorcised of some misunderstood and at times misinterpreted elements from the immediate democratic past if democracy has to take roots.

While the current Maldivian system provides for dynamism, it’s only a part, a tool. Democracy is more than the sum of its parts. For them to juxtapose well, they need to be crafted in ways they were intended to serve the greater cause of democracy and nation – and not necessarily in that order. Rather, that order, the nation itself has to prioritise, and in ways that they all dovetail well into one single piece called ‘democratic experience’, as different from democratic-importation.

Having lived an isolated life owing to geography and topography, not only Maldives as a nation but also Maldivians as islands, that too under a one-man system, either as a Sultanate or as a relative democracy in the twentieth century, the nation and the people need to give themselves time to assimilate democratic values from elsewhere and tone them ways that becomes acceptable and adaptable under Maldivian circumstances.

That way, the upcoming five years are crucial to Maldives as a nation in terms of democratic experience than maybe even the first five – which was full of experiences, mostly of the wrong and/or misunderstood kind. The nation needs to re-open itself to democratic discourse and debate without such dissertations and dissections getting in the way of normal life and livelihood of the people, and politics and public administration by the Government, political parties and leaderships.

The Maldives has to open a new page in democracy, and the initiative for the same rests mainly – though not solely – with President Yameen and his ruling coalition. He cannot keep the rest out of it for reasons already explained. They cannot escape ‘accountability’ either, as the less-emotional parliamentary polls and their results have shown, since.

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President Yameen to make official visit to Japan

President Abdulla Yameen will conduct an official visit to Japan later this month, the President’s Office has revealed.

Yameen will visit Japan between April 14 and 17, during which time he will meet with Emperor Akihito, Prime Minister Shinzō Abe, and other senior Ministers of the Japanese Government.

The President’s Office has said that Yameen will discuss ways to expand Maldivian-Japanese relations, as well as meeting with business leaders and potential investors.

Last week, the president promised that his government was to open up the Maldives in a huge way to foreign investors”.

Japan is the biggest bilateral donor to the Maldives, with data from the Japanese International Cooperation Agency showing that the east Asian nation had given over US$450 million to the Maldives in development assistance between 2004 and 2010.

Projects benefiting from Japanese aid have included the first mechanisation of fishing vessels between 1973-76, the development of Malé’s seawall between 1987-2003, and the extension of loans amounting to US$34 million for post-tsunami reconstruction.

Japan is also one of the Maldives largest trading partners, importing over US$3million worth of fish from the Indian Ocean nation in 2012.

Since winning last year’s election, President Yameen has paid official visits to Sri Lanka and India. He is currently in Saudi Arabia on an unofficial trip.

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Two more people arrested in connection with Thinadhoo death

Police have yesterday arrested two more people from the island of Thinadhoo in Gaafu Dhaalu atoll in connection with the death of Ali Rasheed,79, who was found dead inside his house last Friday (April 4).

Police have said that the two persons arrested were Maldivians aged 33 and 39.

The 33 year-old man was arrested late yesterday afternoon while the 39 year-old man was arrested last night, the police told local newspapers.

Ali Rasheed was found dead lying on the floor of his room. He was living alone following the death of his wife some years earlier.

A source from the island told online newspaper Sun that Rasheed had a six-inch laceration on his head and a swollen left eye.

Police said the death was being investigated as they suspected foul play. An investigation team was dispatched to the island.

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