Day: May 6, 2014

Housing Ministry and Police take over Dharubaaruge

The Ministry of Housing has taken over the Dharubaaruge conference center from the Malé City Council and changed locks on the building with police assistance.

The ministry claimed the council is deliberately delaying the handover of the center as per a cabinet decision on March 27.

The Dharubaaruge takeover is the latest in an ongoing dispute between the ministry and opposition dominated council on ownership of land in the capital city.

Deputy Mayor Shifa Mohamed told Minivan News she is shocked by the ministry’s actions and would take up the matter at the Civil Court.

“We are shocked, and we will take this to the court. The council has already agreed to discuss the transfer through proposer procedures. There is a regulation on this, so why should they work against laws and regulations?” she said.

The Dharubaaruge conference center—originally built for the 5th SAARC summit in 1990—is rented out for events, press conferences and private functions. Former President Mohamed Nasheed handed the center over to the city council with the establishment of a local government system in 2011.

Regulations on transfer of land to local councils allow the cabinet to take back land to implement the government’s economic, social and national security related policies.

Minivan News observed police cordoning off the areas sealing the entrance to Dharubaaruge with yellow ‘crime scene’ police tape at around 14:45 in the afternoon as city council members protested outside.

“We asked the police if they had a court warrant to enter [the premises of the building without permission], they said they did not have any such permit and asked us to take up the issue with housing ministry.” Shifa said.

A Maldives Police Services official said the police involvement was only limited to protecting state property “as there was a dispute between the ministry and the council over its ownership.”

Police had been at the site on Housing Minister Mohamed Muiz’s orders, the official said.

Speaking to local media, Muiz said police assistance had been sought on the Attorney General’s advice.

Police assistance had been necessary because the council had delayed handover of Dharubaaruge despite agreeing to the move, Muiz claimed adding that ministry officials and the police had completed all due procedures in the takeover.

“Starting from today, Dharubaaruge will be maintained by the Housing Ministry. The ministry will carry out all necessary repair and development. A plan to develop Dharubaaruge will be formulated very soon,” Muiz said.

Malé City Council Member Shamau Shareef told Minivan News the council was willing to hand the center over, but only within procedures outlined in the regulations.

“We are in the process of handing over right now, so many things have to be considered in changing [the jurisdiction of] a land such as taking an inventory and we even have a contract with a private party for the maintenance [of Dharubaaruge]. The place is still under the council, and those people who came to change the locks did not have any document or warrant or even proper identification,” he said.

The Housing Ministry had told the council it was taking over the center due to poor maintenance, Shamau claimed.

“But the council never received the requested budget to maintain the place, this is only convention center in Malé,” he said.

The Malé City Council and Housing Ministry had clashed over Dharubaaruge ownership during former President Dr Mohamed Waheed Hassan’s administration.

Waheed, who came to power in a controversial transfer of power February 2012, decided to take over a number of plots under the Malé City Council’s jurisdiction.

But the Maldivian Democratic Party (MDP) dominated council refused to handover the center and dispute escalated rapidly with the council locking up the building and the ministry attempting to change locks in April 17, 2012.

The Housing Ministry had transferred all staff at the center from the council jurisdiction to the ministry the night before.

The council passed a resolution to fight back and hold on to Dharubaaruge. The ministry took the case to Civil Court, but dropped the claim in March 2013.

The following May, the council contracted Dharubaaruge maintenance of to a private company for ten years. At the time the council said fifty percent of revenues generated from running the center would be given to the state under the agreement.

President Abdulla Yameen’s cabinet decided to take back lands under the council on March 27. The Ministry of Housing requested the handover of seven lands to be completed within seven days, but the new council agreed to return all requested lands as per rules and regulations.

The requested lands include the artificial beach, carnival area, south harbour area, lands near the T-Jetty, Usfasgandu area on the southeast, and Dharubaaruge multipurpose hall.

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Government hampered by “restrictive” public finance law, says President Yameen

Amendments brought to the Public Finance Act by the opposition-controlled parliament during the three-year tenure of former President Mohamed Nasheed are posing challenges and difficulties to successive administrations, President Abdulla Yameen has said.

The amendments (Dhivehi) voted through in June 2010 stipulated that the executive must seek parliamentary approval before either obtaining foreign loans or leasing state property. Nasheed at the time declared that the law would make it “impossible for the government to function.”

Addressing supporters in the island of Naifaru in Lhaviyani atoll Sunday night (May 4),Yameen claimed that laws imposing “various restrictions” on the executive were passed by the People’s Majlis due to the “irresponsibility” of the former head of government.

But former President Dr Mohamed Waheed had also faced “difficulties” in governing after succeeding Nasheed in February 2012, Yameen said adding: “This is the problem we are facing as well.”

The executive was still forced to seek parliamentary approval “even for a MVR1,000 (US$65) loan,” he said.

“Scorched earth” tactics

The passage of the amendments in 2010 prompted the en masse resignation of President Nasheed’s cabinet on June 29 in protest of the opposition’s alleged obstruction and “scorched earth” policy.

While former Special Majlis MP Ibrahim Ismail ‘Ibra’ characterised the amendments as the “grand finale of decimating the executive” by wresting control from the executive, the Nasheed administration filed a case at the Supreme Court contesting the constitutionality of some provisions.

Yameen, who was leader of the minority opposition People’s Alliance at the time, said Nasheed’s “selling off of state assets and giving up uninhabited islands” had prompted the opposition’s actions.

“When many such actions that were harmful to the public occurred, a group of people advocating as the people’s representatives – myself included – determined things that cannot be done without a say of the parliament and passed a law called the Public Finance Act to hold the government accountable,” he said.

Following the controversial transfer of power in February 2012, the new administration – made up of former opposition parties – sought to reverse the restrictions concerning the sale and lease of state properties.

In December 2013, the Auditor General’s Office revealed that President Waheed’s administration violated finance laws in securing a domestic loan worth MVR300 million (US$ 19.45 million) from the Bank of Maldives (BML) for budget support.

Yameen also noted that he inherited an MVR30 billion (US$2 billion) national debt when he assumed office in November.

“That means to reach the ground I have to travel 30,000 million feet,” he said.

Coalition discontent

Contrary to Nasheed and Waheed, Yameen said he did not anticipate difficulties due to non-cooperation from the legislature as the Progressive Coalition – comprising of the ruling Progressive Party of Maldives (PPM) and coalition partners Jumhooree Party (JP) and Maldives Development Alliance (MDA) – has secured a comfortable majority in the incoming 18th People’s Majlis.

But Yameen has admitted to “some discontent” within the ruling coalition due to a dispute over which party should control the seat of Majlis Speaker.

“The public should work to change this discontent among us to contentment,” he said, adding that constituents should demand the cooperation of opposition MPs as well as JP MPs.

Yameen suggested that the public voted for candidates fielded by the JP and MDA due to the trust the Maldivian people had in PPM leader, former President Maumoon Abdul Gayoom.

Stressing the importance of the public’s backing and support for the government, Yameen urged constituents to “constantly remind” their MPs that they would not have “a second chance” if they vote against government proposals.

As the public voted for a change in both the presidential and parliamentary elections with high hopes for economic progress, Yameen said that the government’s policies and development projects should not be hindered due to problems within the coalition.

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A National Enquiry on Access to Education for Children with Disabilities to commence hearings on Thursday

The National Inquiry on Access to Education for Children with Disabilities (AECD) along with the Human Rights Commission Maldives (HRCM) will be holding a hearing at the National Art Gallery from May 8 – 13th from 09:00 – 23:00.

The purpose of this inquiry is to look in to the practices, policies and laws related to the education for children with disabilities and to determine the States role in providing for people with disabilities in a non-discriminatory manner, with a special focus on the educational needs of children with disabilities.

The meetings will be used to collect statements from parents of children with disabilities. The AECD will then compile these into a report which they will present to the relevant Ministries, and the AECD will monitor how they are followed.

Representatives of the Ministry of Health and the Ministry of Education will also be present, said a member of the AECD.

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State prosecutors halt all criminal trials

State prosecutors at the Prosecutor General’s Office have refused to attend hearings in the absence of a Prosecutor General (PG) and a deputy PG.

The office’s leadership is currently vacant with former PG Ahmed Muizz’s resignation in November 2013 and deputy PG Hussein Shameem’s resignation yesterday. Shameem said he was unable to carry out his duties due to the Criminal Court’s “obstruction” of criminal justice.

Criminal Court Chief Judge Abdulla Mohamed told local media today the court will continue with criminal trials even in the absence of a PG or Deputy PG unless the Supreme Court indicates otherwise. Mohamed had previously halted all criminal proceedings for three weeks in January citing state failure to appoint a PG within the 30 days,

In response, PG office Spokesperson and lawyer Hussain Nashid told Minivan News state prosecutors were now in a “legal void,” and could not attend court.

“We have sent a letter to all courts where cases were scheduled, informing them we refuse to attend court, due to the legal void we are currently facing in the absence of a PG or a Deputy PG to lead us. We have not yet decided what action we will take in the future, but the general consensus is to wait till a relevant authority decides on the matter,” he said.

Shameem’s resignation and the state prosecutors’ refusal to attend court brings the criminal justice system to a halt.

Extraordinary session

Shameem has called on President Abdulla Yameen to submit a new PG nominee and the 17th People’s Majlis – currently in recess and rapidly nearing the end of its five year term – to approve a candidate immediately. The newly elected 18th People’s Majlis is to take the oath of office in late May.

Chair of the Independent Institutions Oversight Committee Ahmed Sameer has called on the current Majlis to find “a permanent solution” rather than wait on a Supreme Court ruling.

“The solution is to hold another meeting before May 28 and select a PG. I call on the relevant bodies to do so,” he told local media.

But Speaker Abdulla Shahid told Minivan News the Majlis cannot approve a new PG unless Yameen submits a new nominee. The president’s first nominee – his nephew Maumoon Hameed – narrowly failed to garner enough votes in March.

“How can the parliament sit to decide on the matter when there aren’t any submitted nominees?” he said.

President Office Spokesperson Ibrahim Muaz Ali was not responding to calls at the time of press.

Shahid also added that he is not authorized to call an extraordinary session unless the President declares a state of emergency or one-third of the MPs request an extraordinary session.

“If a minimum of 26 members sign a motion asking for a special meeting to be held to decide on a matter in the parliament agenda, then it can be done. The government coalition has over 26 parliament members, so they will be able to do this if they so wish,” he said.

Progressive Party of Maldives (PPM) MP Ahmed Nihan said the governing coalition has not held any discussion on the matter as many MPs belonging to the coalition government are out of capital city Malé.

“This matter had not risen back when the last meeting of the parliament was held. At the time, there was no indication that the Deputy PG would resign. So we haven’t really discussed the matter yet. I believe that we might be having an internal meeting relevant to the matter tonight,” he said.

Obstruction of justice

In his resignation statement yesterday, Shameem highlighted the Criminal Court’s failure to prosecute foreigners involved in drug trafficking, delays in issuing rulings on drug related offenses and “unreasonable obstacles” in filing cases at the court.

The Criminal Court and PG office have been at loggerheads since January, with the court agreeing to proceed with criminal cases only after two Supreme Court orders in three weeks. However, the court formulated new procedures to delay and impede the PG office’s ability to submit criminal cases, Shameem has previously said.

“These issues obstruct the proper functioning of the criminal justice system. I am deeply saddened to note the extreme delay on the part of those who have the power to address these issues,” he said yesterday.

MP Sameer contended Shameem cannot resign in the absence of a PG. It is the PG who appoints a deputy and hence the deputy cannot resign if there is no PG, he argued.

“Surely, the President cannot accept this resignation. That is something that can be done by a Prosecutor General. There is no one at the moment to accept the Deputy PG’s resignation. However, if Shameem is not getting the necessary cooperation and is unable to fulfill his duties, then he can stop serving for the time being. I do not see any other possibilities in this matter,” Sameer told Haveeru.

But lawyers have told Minivan News no person can be “forced” to remain in any particular position.

“The Deputy PG can most definitely resign. A person cannot be forced to stay in a position based on the possible outcomes of a resignation. If the PG can resign, then the Deputy PG can resign too. If the law does not define a course of action in the instance that the country is lacking a PG and a Deputy, it is the lawmakers who must come up with a solution. It cannot be reason to force someone to remain in a position against his will,” lawyer Mohamed Shafaz Wajeeh said.

Another lawyer – on condition of anonymity – echoed Wajeeh’s views, adding “in the instance that we did not have a PG, it was the Deputy who was answerable to the oversight committee in parliament. Under that same logic, he can also resign if the PG can. The law must be interpreted in such a way that it does not allow for anyone to be in any position under force.”

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Government calls for Environmental Impact Assessment for new waste yard in Malé

Ministry of Housing and Infrastructure is seeking parties to conduct an Environment Impact Assessment (EIA) to construct a waste yard on the south of Malé, local media have reported.

The Ministry will hold an information session on Thursday (May 8) for interested parties, who will be asked to submit the financial and technical proposals before 11:00 a.m. on 15 May, Housing Ministry said in an announcement on Monday.

In an effort to alleviate the long overdue waste management issue in the capital, the government is seeking to reclaim the lagoon area opposite Maafannu Stadium.

Waste is now collected on a barge docked near the Vilimalé ferry terminal, a temporary arrangement made after the City Council’s failure to empty the waste grounds in a timely manner, local media report.

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Ayyube murder suspect denies charges

Fauzan Mohamed, a suspect arrested in connection to the murder of 76 year-old Ali Hassan ‘Ayyube’ has denied the charges levied against him in the Criminal Court and has said he did not want the state to appoint him a lawyer.

According to online newspaper ‘Haveeru’, a hearing in to the case was yesterday held at the Criminal Court where the Judge repeatedly asked Fauzan if he wanted the state to appoint him a lawyer. But, he replied that he will continue the trial without a lawyer and said he will not need a lawyer at any point of the trial.

During yesterday’s hearing, the state presented four witnesses, a DNA report, Ayyube’s death certificate and a crime scene report.

Fauzan also presented two witnesses for his defense but he did not have the full name and permanent address of the two witnesses. The judge asked him to provide a written document including the full names and the permanent address of the witnesses.

Ayyube’s body was discovered with multiple stab wounds in an abandoned house on Kudahuvadhoo on January 8, 2013. Police arrested six individuals in connection to the case.

The victim had previously been accused of using sorcery on Fauzan’s 37 year-old mother. She was reported missing at 2:00am on December 4, 2011 and her body was found floating in Kudahuvadhoo lagoon later that morning.

Island Council President of Kudahuvadhoo Ibrahim Fikry at the time told Minivan News that the islanders were all frightened after Ayyube’s death.

“After the death of the woman the islanders were scared, and then this incident occurred and now the islanders are worse,” he said adding that no one walked the streets after the sun went down.

“The injuries sustained were horrific,” Fikry told Minivan News at the time. He said that the victim’s forehead was slashed and that his neck was slit. “There were deep stab wounds to the chest and back, revealing the bones. The intestines were visible from a slash to the stomach,” he recalled.

In March, 2013, two minors charged with Ayyube’s murder pleaded guilty to aiding the murder in court. The two minors were charged with spying on Ayyube before the murder, and assisting the assailants to hide the weapons they used to murder him.

The step-grandson of Hassan was also summoned to the Criminal Court for his involvement in the case.

He told the court that he believed Fauzan murdered Ayyube because he was rumored to have killed Fauzan’s mother.

If found guilty, Fauzan will be sentenced to death. The death penalty will be implemented if the Supreme Court upholds the sentence and if all of Ayyube’s heirs desire the death sentence.

Before the trial ends, the court will take statements from all heirs of the victim to determine if they had any objection to passing death sentence on Fauzan.

On April 27, 2014, Home Minister Umar Naseer has said that death penalty will be implemented in the Maldives from that day onwards with the publication of procedural regulations concerning death penalty and its implementation in the government gazette.

Maldives has been maintaining an unofficial moratorium on the death penalty since 1953. After 1953, the heads of state have always commuted death sentences to life imprisonment through powers vested in him in the Clemency Act.

The last person to be judicially executed in the Maldives was Hakim Didi, who was executed by firing squad in 1953 after being found guilty of conspiracy to murder using black magic.

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GMR is only owed reimbursement, not compensation, says AG

Indian infrastructure giant GMR is only owed reimbursement for expenses, not compensation for the abrupt termination of the concession agreement to develop Malé International Airport (INIA), Attorney General Mohamed Anil has said.

Clarifying President Abdulla Yameen’s previous statement that GMR is owed a payment, Anil said the government believes the company is only owed reimbursement for a US$ 78 million upfront concession fee and any other expenses.

“When the agreement was first signed, US$78 million was given to the Maldivian government. In addition to that, we can see that they have spent some amount. So in the worst case scenario, if we are to revert to the state before the agreement was signed, everyone believes that they are owed [what they spent]. That is not as compensation for losses caused by the cancellation of the agreement,” he said.

GMR has said it will stick to a US$ 1.4 billion compensation claim – an amount that exceeds the annual state budget.

“The forceful takeover of the airport by Maldives government amounts to repudiation of a valid contract and therefore damages, including loss of future profit has to paid,” the company said in a statement on April 26.

Anil said GMR’s claim is unclear, as the company had not submitted documents detailing the assertion.

In response, GMR’s legal team member Uz. Fayyaz Ismail told Minivan News details of how GMR arrived at the figure will only be revealed in the second part of the arbitration process.

The arbitration tribunal in August 2013 had acceded to GMR’s request to split the proceedings in two – firstly determining liability, before quantifying the amount of compensation to be paid separately.

“GMR is claiming it to be a wrongful termination, and if the tribunal awards a verdict for that during the first part of this bifurcation arbitration [two part arbitration process] only then would the [compensation] amount be decided through second part of the arbitration. We are very confident the rightful compensation would be received,” Ismail said, adding that the figure may be subject to minor variations.

Yameen in early April said the Maldives government will not be able to pay GMR’s claim, but conceded “some sort of financial compensation must be paid.” He estimates the figure to be a “manageable” US$ 300 million.

The GMR in consortium with Malaysia Airports (MAHB) narrowly won the International Finance Corporation (IFC)-managed bid for the airport in 2010, and signed the agreement with MACL under the former government of Mohamed Nasheed. The opposition at the time, including Yameen’s Progressive Party of the Maldives (PPM), then began a vitriolic nationalist campaign to evict GMR.

Following Nasheed’s ouster in 2012, President Mohamed Waheed’s administration terminated the agreement claiming it was ‘void ab initio’- invalid from the outset.

When the Singaporean High Court’s injunction blocking the Maldivian government from voiding the agreement was overturned by the Supreme Court in Singapore in June 2013, GMR initiated an arbitration process.

The first part of the arbitration took place in Singapore from April 10 – 16. Minivan News understands the arbitration tribunal considered GMR’s claim of wrongful termination, parallel claim for loss of profits over the lifespan of the agreement, and the Maldive’s counter-claim for restitution.

A verdict is expected soon, at the latest by mid- June. Depending on the verdict, the second process of arbitration will begin on a mutually agreed upon date.

Although Anil said the second half could take months to begin or even year for a ruling, Ismail has refuted the claim.

Despite the pending arbitration decision, expansion and development of INIA was among the five mega-projects for which the government was seeking investors at the Maldives Investment Forum held in Singapore’s Marina Bay Sands in late April.

Meanwhile, Nasheed has warned of a sovereign debt crisis if the Maldives is forced to pay the full US$ 1.4 billion and reiterated his Maldivian Democratic Party’s (MDP) call to reverse the decision to cancel the contract.

In a press release last week, Nasheed insisted that international best practices were followed in the bidding process – which was overseen by the World Bank’s International Finance Corporation (IFC) – while the Anti-Corruption Commission (ACC) has since ruled out corruption in the airport deal.

“The Maldives is now known around the world as a country that doesn’t keep its promises or honour the contracts. The airport fiasco will hit each and every Maldivian because banks won’t lend money and companies won’t invest in our country without demanding much higher rates of interest,” Nasheed said.

“By now, Maldivians should have been looking forward to a world-class, new airport, to rival Kuala Lumpur, Singapore, and Hong Kong. Instead we have nothing but an abandoned building site. The actions of President [Abdulla] Yameen and [Dr Mohamed] Waheed have caused this crisis and Maldivians will be paying for their recklessness for decades to come” he added.

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MP elect Muhamma’s motorbike torched

A motorcycle belonging to MP elect for Inhavandhoo constituency, Mohamed ‘Muhamma’ Abdulla, was set of fire last night, CNM has reported.

While Abdulla’s bike was reported to be badly damaged, two other bikes near it also sustained damages. The incident took place on Chaandhanee Magu last night around 1:30 am. Police and locals put the fire out within twenty five minues, CNM reported.

Initial police investigations has revealed it was a pre-planned arson attack. No one has been arrested in connection to the incident.

Abdulla, who is also a popular comedian and film producer, won the Ihavandhoo seat on a Jumhooree Party (JP) ticket in the parliamentary elections held in March.

He has recently expressed dissatisfaction with a meeting between JP Leader Gasim Ibrahim and opposition leader Mohamed Nasheed and spoke out against any alliance between the two parties.

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Police seize illegal liquor from safari boat

Police have seized 185 bottles of illegal liquor from a safari boat and arrested four people – two locals and two foreigners.

The safari boat ‘Fatima’ was moored at Hulhumalé lagoon when the police boarded it with a search warrant

Consumption, possession and sale of alcohol is prohibited in the Maldives, except at  tourist resorts and safari boats with a special permit. While selling alcohol to locals is unlawful, local media have reported alcohol was being sold to Maldivians from ‘Fatima’.

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