Day: April 9, 2014

Government to address pay discrepancies as civil servants plan strike action

The Maldives Civil Servants’ Association (MCSA) has discussed a potential strike on April 20 should the government fail to address its concerns – mainly concerning pay discrepancies.

“First we want to find a solution through dialogue with the government. After that, if we have to, we will go on strike. And we are confident if we go on strike ninety percent of civil servants will support it,” MCSA President Mohamed Shaugee said.

Stating that the past three governments and parliament should take responsibility for the delay in setting a minimum wage, Shaugee said “the state as a whole has failed”.

President Abdulla Yameen is concerned about the issue of pay discrepancies and will find a solution through discussions with relevant parties, President’s Office Spokesperson Ibrahim Muaz Ali has said today.

“This is not a president who makes decisions based on his personal views alone. There will be discussions. The views and sentiments of the civil servants, doctors, and everyone will be considered in reaching a decision in this matter,” said Muaz.

Civil Servants’ Strike

“Even the Civil Service Commission has failed to protect the rights of civil servants and ensure there is no discrimination [with regards to pay],” said the MCSA’s Shaugee.

“We have discussed this with them, and they said they are working on resolving it. But it is hard to believe as we have been talking about this for the past six years.”

Responding to the civil servants’ plans to go on strike, the Civil Service Commission (CSC) issued a press release today reminding workers of the mandatory steps to be taken prior to a strike, which include filing a complaint with the Labor Relations Authority and giving written notice to the employer three days prior to any strike.

Employees who contravene this regulation can be fined between MVR10,000 – 50,000.

The Teachers Association Maldives (TAM) which led the teachers’ black protest earlier this week  has also threatened to go on strike as a last resort in their fight to resolve pay discrepancies.

President of the association Athif Abdul Hakeem said that, while no official discussions have taken place with the government since the protest, the teachers’ steering committee and focal points will meet this Friday to decide their course of action.

“We have been talking about [minimum wage] since the association was formed in 2008. We have been focusing on two major issues, one is resolving pay discrepancies. Equal pay. Second issue is improving the education sector in general, including resources, training and standards of teachers,” said President of TAM Athif Abdul Hakeem.

Athif noted that with parliament majority, the government can easily change things if there is a political will.

“If [President Yameen] wants to do those things for us, the means are there now. I believe it can be done and it should be done.

The demand for a minimum wage has been raised by Tourism Employees Association of the Maldives (TEAM) as well.

Minimum wage

The Employment Act of 2008 mandated the establishment of  a salary advisory board shall be established to advise the government on the appropriate minimum wage, though no government has yet fulfilled this requirement.

The pay advisory board had been established in September 2008 by President Maumoon Abdul Gayoom and again in January 2009 by President Mohamed Nasheed, with no minimum wage resulting.

In May 2011, Nasheed announced his intention to set a minimum wage within a year, reconvening the pay advisory board.

Shortly after Nasheed’s initial promise, a number of business groups led by representatives of the Maldives Association of Construction Industry and the Maldives Association of Tourism Industry met to discuss the issue, determining that a minimum wage was “not important for the Maldives at the moment.”

Speaking at the press conference organised by the business groups, leader of the Jumhooree Party and Chairman of Villa Group Gasim Ibrahim said that setting a minimum wage suddenly without a good policy would destroy industry.

His thoughts were echoed by Ahmed Shiyam, Chairman of Sun Siyam resorts and leader of the Maldives Development Alliance.

Similar comments were made by current Deputy Leader of PPM Ahmed Adeeb, who at the time spoke as the treasurer of Maldives National Chamber Of Commerce and Industry.

Adeeb said that it would create great challenges for businesses if an equal minimum wage is set for both migrant workers and locals.

In December 2012, parliament passed a bill on the state wage policy which promised to resolve public sector pay discrepancies through the creation of a National Pay Commission.

The bill is still in the parliament’s economic committee, however, after being sent back for reconsideration by President Dr Mohamed Waheed, after issues were raised regarding which branch of the state would determine wages.

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Attorney General resumes issuing lawyers permits

The Attorney General’s (AG) Office has resumed issuing permits for lawyers after the publication of new regulations (Dhivehi) governing legal licences today.

The AG’s Office announced last December that it was ceasing the issuance of licenses pending amendments to regulations governing the legal profession.

Former Attorney Husnu Suood – also president of the Maldives Bar Association – has suggested that the regulations had been drafted without sufficient input from within the legal profession.

“We have brought to the attention of the Attorney General that the new regulation should involve the profession,” Suood told Minivan News after discussing the new regulations with fellow lawyers today.

In order to practice law in the Maldives, the new regulations state that an individuals must be a Maldivian citizen, married to a Maldivian, or reside in the Maldives, must be 18 years old, and must be of sound mind.

Prospective lawyers must not hold convictions for any hadd offences, for criminal breach of trust, or for rape. If an individual has been convicted of any other offences, seven years must have passed since the sentence was completed or pardoned.

Suood took issue with the regulation’s failure to define what the ‘other’ offences consisted of, particularly in light of the recent spate of contempt of courts cases.

“It’s very scary with the contempt issue – they can fine us or make an order for house arrest of 15-30 days. If we are unable to actually practice for seven years onward, that’s too much actually.”

A bill to regulate the legal profession is included in the government’s 207-bill legislative agenda, to be pursued during the current administration’s five year term.

In the absence of a law governing the legal profession when the new constitution was adopted in August 2008, parliament passed a General Regulations Act – recently renewed – as parent legislation for over 80 regulations without a statutory basis, including the regulation governing lawyers.

Appropriate regulator?

A 2013 report by UN Special Rapporteur for the Independence of Judges and Lawyers Gabriela Knaul argued that the AG’s role in the regulation of the legal profession was “contrary to the basic principles on the role of lawyers”.

Powers to issue licenses to practice laws as well as enforce disciplinary measures should not rest with the executive, Knaul advised.

Moreover, Knaul recommended that a “self-regulating independent bar association or council should be urgently established to oversee the process of admitting candidates to the legal profession, provide for a uniform code of ethics and conduct, and enforce disciplinary measures, including disbarment.”

Local lawyer Mohamed Shafaz Wajeeh told Minivan News today that, for the time being, the AG’s Office was the most appropriate body to be regulating the industry.

“We already have a legislation in the pipeline with considerable involvement from the Bar Association. I hope the bill is passed soon,” said Shafaz.

The Supreme Court’s attempts to regulate the legal profession in 2012 prompted an emergency meeting of the country’s top lawyers – prior to the formation of the Bar Association in April 2013.

The court’s regulations required all lawyers to be registered with individual courts before they could represent their clients there. Open criticism of the courts was also proscribed.

Suood today suggested that the AG’s regulations now created “two parallel systems” which “contradict with each other”.

“I think that the new regulations should have included the Supreme Court regulations because one issue we face day-in and day-out is that if there is an action administrative action taken by the court, for instance contempt of court issue and they take disciplinary action, we are unable to challenge those administrative actions.”

The Bar Association earlier this week 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.

The group’s statement came just days after the suspension of its president, former Attorney General Husnu Suood, had been lifted by the court on the condition he refrain from engaging in any act that may undermine the courts.

Suood was told his January suspension was related to an allegedly contemptuous tweet regarding the Supreme Court’s decision to annul the first round of last year’s presidential election.

Charges of contempt were also used by the Supreme Court to dismiss senior members of the Elections Commission just two weeks before last month’s Majlis elections.

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State Trading Organisation aims to produce 1000 jobs in 3 years

The Managing Director of the State Trading Organization (STO) Adam Azim has said that the company will produce 1000 jobs within the next 3 years.

Adam Azim said that the company is looking to establish a capable work force across the Maldives, reported local media Sun Online.

“A thousand jobs will be produced with the health sector pharmacies and hypermarkets that we plan to establish,” he added.

The company has plans to invest in the development of its staff with training and education opportunities for the next four years, Azim told Sun.

“We will invest in education, regardless of the cost,” Azim said.

The state-owned STO is the country’s primary wholesaler, responsible for bringing in the vast majority of basic foodstuffs, as well as investing in oil and the tourism industry.

The company was announced bankrupt by President Yameen in November 2013, following which the companylaunched a campaign to cut operational costs by MVR50 million in 2014 (US$ 3,242,542).

More recently, in March 2014, the STO told local media that a five-star hotel it is building in Hulhumalé will be fully completed by January 2015.

STO has also announced on April 6 2014 that they will be placing three additional oil storage tanks in Kafu Fuadhoo, in a bid to increase the oil capacity.

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Jumhooree Party fined for fraudulent membership applications

For the second time this month Elections Commission has fined Jumhooree Party (JP) over fraudulent membership applications.

According to the commission, the JP used one person’s finger print on multiple party application forms – the fifth time the party has been caught doing this.

The JP have now been asked to pay a fine of MVR9,000 as per Article 48 (a) of the Political Parties Act.

The party was fined with MVR8,000 earlier this month for the same reason.

Along with the JP, the Progressive Party of Maldives was also fined MVR7,000 for submitting party application in contravention of the Political Parties Act for a third time.

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High Court throws out EC appeal against new member Habeeb

The High Court has thrown out an appeal by the Elections Commission (EC) against its newly appointed commission member Ismail Habeeb.

Habeeb was made redundant in January 2013 before contesting his dismissal at the Labor tribunal. The tribunal ordered his reinstatement in August 2013, by which time he had been appointed to the Civil Court as its senior administrator.

The EC initially demoted Habeeb on corruption allegations in 2012 claiming he had not followed due procedures in appointing an EC staff and in awarding a scholarship to another staff. But the Anti-Corruption Commission (ACC) cleared Habeeb of the charges.

The EC decided to appeal the tribunal’s decision at the High Court, but the commission’s lawyers failed to attend the hearing scheduled for Monday.

In the meantime, Habeeb was appointed by the People’s Majlis to the EC on March 12 to replace former member ‘Ogaru’ Ibrahim Waheed who had resigned in October 2013 citing health issues.

Habeeb’s confirmation to the EC followed the Supreme Court’s controversial removal of the commission’s President Fuwad Thowfeek and Vice President Ahmed Fayaz.

The dismissals left the EC without the three members required for a quorum to hold meetings and approve decisions, raising doubts over the commission’s ability to prepare for and conduct parliamentary elections as scheduled on March 22.

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MPs’ alcohol trial cancelled as Jabir remains in hospital

The Criminal Court has today cancelled an alcohol possession hearing against opposition MPs Abdulla Jabir and Hamid Abdul Ghafoor as Jabir remains in hospital for a second day over respiratory issues.

Jabir who is currently serving a one-year jail sentence for refusal to provide urine was hospitalized at Indhira Gandhi Memorial Hospital (IGMH) on Tuesday morning, but his condition is not serious, the Maldives Correctional Services (MCC) told Minivan News today.

The two Maldivian Democratic Party (MDP) MPs were arrested from a private picnic island, Hondaidhoo, in November 2012 on suspicion of alcohol and drug use.

The Prosecutor General’s Office pressed separate charges of refusal to provide urine and alcohol possession against the two MPs. The MDP has said the charges are politically motivated.

Hamid received a police summons on Tuesday requesting him to attend the Criminal Court under a police escort. The hearing at 2:00 pm was cancelled due to Jabir’s inability to attend court.

While Hamid and Jabir faced refusal to provide urine charges separately, the Criminal Court is hearing alcohol possession charges against the two MPs in one case.

A new hearing has been scheduled for April 22. If found guilty, the two MPs may be jailed up to three years.

Speaking to Minivan News before the hearing, Hamid said he had not been told which charges he was to answer to today and expressed concern he may be summarily sentenced.

The Criminal Court in October 2013 sentenced Hamid in absentia to six months in jail for alleged failure to attend court in the refusal to provide urine trial.

The High Court overturned the sentence stating the lower court had scheduled hearings in contravention to the Parliamentary Privileges and Powers Act during People’s Majlis work hours.

Hamid’s refusal to provide urine charges are still pending.

Media Official at MCC Moosa Rameez said Jabir’s condition was stable and doctors were keeping him under observation.

Jabir’s wife Dhiyana Saeed told local media the MP had been born with respiratory defects and had undergone several surgeries in the UK and Singapore.

In a text to MDP parliamentary group members, Dhiyana said: “The pulmonologist who saw him says his previous surgeries or severe sleep apnoea has failed and needs to be admitted.”

Sleep apnoea is a type of sleep disorder characterized by pauses in breathing or instances of shallow or infrequent breathing during sleep.

Former President Mohamed Nasheed’s Special Envoy Ibrahim Hussein Zaki, Press Secretary Mohamed Zuhair and his wife Mariyam Faiz, Zaki’s son Hamdhan Zaki and Alidhoo Resort’s General Manager Jadulla Jameel were also arrested along with the two MPs.

The PG has charged Zuhair and his wife with refusal to provide urine, whilst Hamdhan Zaki faces charges of cannabis trafficking. Jameel is charged with alcohol possession and cannabis possession.

The six arrested on Hondaidhoo have accused the police of torture and brutality during their arrest.

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Majlis to consider PG appointment at sitting on Monday

The Majlis has scheduled the sixth sitting of its current session for Monday April 14, when it will discuss reports on the appointment of new members to various institutions, including the post of prosecutor general (PG).

Earlier this month the independent commission’s oversight committee rejected President Abdulla Yameen’s nomination to the PG’s role, while the appointment of Dr Azeema Adam for the post of Governor of the Maldives Monetary Authority was approved.

A new member of the Police Integrity Commission was approved during the same meeting and will also be discussed on Monday.

The committee of the whole house will also review amendments to the Airport Service Charge Act and the Act on Export and Import.

The house has not convened since April 2, with local media last week reporting that nothing had been scheduled on the agenda.

Secretary-general Ahmed Mohamed told Haveeru that the hiatus allowed committees to continue their work, with Speaker of the House Abdulla Shahid urging MP’s to hasten their efforts as the 17th Majlis draws to a close.

The final sitting of the current Majlis will take place later this month before the swearing in of the 18th Majlis next month.

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High Court to open on Friday to receive election-related cases

The High Court has today said that its registration department will be open on Friday night between 9pm-11:30pm in order to receive cases concerning the recent Majlis elections.

The court noted that according to laws it has to conclude cases concerning elections within 30 days of the final results being issued by the Elections Commission (EC).

All cases concerning the elections have to be submitted within 14 days of the result, which were announced by the EC on March 28 at 11:35pm.

The High Court has so far accepted cases concerning electoral issues in 10 constituencies so far, including Villingili, Mahibadhoo, Mid-Hithadhoo, Naifaru, Shaviyani Funadhoo, Thimarafushi, Kurendhoo, Meedhoo, Felidhoo, and Nolhivaram constitutencies.

The court has today concluded hearings into the lawsuit filed by the Jumhooree Party (JP) candidate for Naifaru constituency Ahmed Mohamed, who alleges that the independent candidate – whom he alleges had campaigned after the time was up – had sent misleading text messages to constituents.

EC lawyer Husnu Suood is reported to have told the court today that the complaints had been filed at the complaints bureau by the JP candidate, but that the case had not been concluded as the commission was still clarifying some information from government authorities.

He said the commission had noticed misleading texts sent to Naifaru voters in the name of JP candidate Ahmed Mohamed, noting that it was a very serious issue.

According to Haveeru, Suood told the court that if the accusations were proven, the candidate had violated the code of ethics for campaigning.

Also speaking at the court today, the JP candidate’s lawyer said that independent contestant Shiyam had campaigned outside of the regulated time period.

Shiyam is also accused on sending misleading text messages to constituents saying that the government coalition supported him, as did both President Abdulla Yameen and former President Maumoon Abdul Gayoom.

Of the five independent MPs-elect, three – including Shiyam – have now signed for the the president’s Progressive Party of Maldives (PPM).

The JP candidate’s lawyer submitted two witnesses as well as the text messages in question to the court, which announced no further hearings would be held in the case unless the court needed to question witnesses or to clarify more information.

PPM candidate in Mid-Hithadhoo, Ibrahim ‘Hiyaaly’ Rasheed, has asked the High Court for police intelligence regarding his bribery allegations, while losing Maldivian Democratic Party candidate for the Shaviyani Funadhoo constituency alleges the late closure of a ballot box, out of hours campaigning, and bribery in his case.

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 Transparency 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.

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Transport Minister requests audits of commercial harbours following fatal accident

The Minister of Transport Ameen Ibrahim has requested audits of the infrastructure and operations of all commercial harbours in the Maldives, following the  fatal accident at Malé’s main port on Monday (April 7).

According to local media, Ameen sent a memo requesting to conduct audits of all commercial harbours in the country within three months, and to take measures without delay to address issues based on recommendations in the audit reports.

The minister also asked Transport Authority to carry out a thorough investigation of the accident and send the investigation report as soon as possible.

Last night (April 8) Vice President Dr Mohamed Jameel Ahmed met with the families of the two men who died in the accident.

The government has decided to pay the salaries of the deceased to their families until the children turn 18, as well as giving MVR 50,000 to each of the families as compensation.

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