Day: May 11, 2014

Boskalis committing “environmental crimes” in UNESCO biosphere reserve, says Ecocare

Netherlands based maritime infrastructure company Royal Boskalis Westminster is committing “serious environmental crimes” in the Maldives, a local environmental group has said.

The company – claimed to have the world’s largest dredging fleet –  has come under fire for mining sand from the country’s only UNESCO biosphere reserve in Baa Atoll.

It also failed to build a barrier to prevent excess dredge soil from spilling onto the reef in Baa Atoll Eydhaushi Island – a move that could cause serious damage to the fragile ecosystem.

“Boskalis has to leave the Maldives now,” Ecocare founder Maeed M. Zahir told Minivan News.

The US$ 37 million four-island reclamation project has reclaimed 20 hectares in Dhaalu Atoll Meedhoo Island in March and 33 hectares in Baa Atoll Eydhafushi Island last week. Work is ongoing on Kaafu Atoll Thulusdhoo Island while a date for reclamation in Dhaalu Atoll Kudahuvadhoo Island has not yet been set.

In the two islands where reclamation was completed houses and vegetation on the shorelines were also covered in fine mixture of sand and salt due to the use of the “rainbow technique” which propels soil into the air.

The Health Protection Agency (HPA) has previously said fine sand particles thrust into the air by the rainbow technique could cause lung and respiratory issues.

Housing Ministry complicit

Maeed accused the Housing Ministry of being complicit in Bosaklis’ violation of environmental regulations, noting the Environmental Protection Authority (EPA) had issued several warnings ordering the company to stop unsafe dredging.

“The Housing Ministry’s failure to stop the project means the ministry is pushing Boskalis. By the time, the EPA warnings arrive, the damage is already done,” he said.

Minister of Environment and Energy Thoriq Ibrahim told Minivan News the EPA is investigating the case.

According to Maeed, the EPA had said it will impose a fine on Boskalis, but the agency has failed to do so. He called for the EPA to be removed from the Environment Ministry’s remit and given greater powers as an independent body to prevent violations in the future.

Boskalis began dredging in Meedhoo in March, but the EPA halted the project temporarily for failure to follow procedures recommended in an environmental impact assessment report.

Instead of using pipelines to transport dredged sand to the shore, Bosaklis dredgers propelled sand and salt through the air covering houses and vegetation on the shoreline in debris.

Housing Minister Mohamed Muizz told local media at the time that safety measures would be followed in the future.

However, Boskalis used the same techniques in Baa Atoll Eydhafushi Island, and furthermore, dredged sand from the UNESCO biosphere reserve and transported it to Thulusdhoo Island in Kaafu Atoll for ongoing land reclamation.

Eydhafushi residents spotted a Boskalis dredger carrying sand away from the island this weekend, and raised the issue with the EPA.

Eydhafushi Island Councillor Mohamed Riza said the company had not sought permission from the local government to mine sand from the atoll.

Baa Atoll was declared a biosphere reserve in June 2011. It is the first of it’s kind in the Maldives.

President Abdulla Yameen inaugurated the Thuludhoo reclamation project this morning.

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President Yameen urges ACC to expedite investigations involving government projects

President Abdulla Yameen has urged the Anti-Corruption Commission (ACC) to expedite investigations involving infrastructure projects worth “hundreds of millions of rufiyaa” as the government is facing losses due to delays.

Speaking at the inauguration ceremony for a land reclamation project in the island of Thulusdhoo in Kaafu atoll this morning, President Yameen appealed to the ACC to complete investigations as soon as possible in order to enable the government to resume projects halted at the commission’s orders.

“When these big projects are halted, the preliminary investigation or assessment should be completed within a certain period,” he said.

“For example, if work on the IGMH [Indira Gandhi Memorial Hospital] building is stopped more than once because of problems involving corruption, it is our request for the Anti-Corruption Commission to do it in a way that does not [stall the project].”

He added that the new building was necessary for the government to provide better services from the main tertiary hospital in the capital.

“Doubtless there might be matters that could facilitate corruption in that project. But that is not something our government would encourage or do,” he said.

If the commission suspected corruption, Yameen said that his administration would comply with ACC instructions to halt projects pending an investigation and welcome the findings.

Yameen stressed the importance of the commission’s determining a “timeline” for investigations.

The ACC has told the state broadcaster, however, that the commission has always endeavoured to complete investigations as quickly as possible in order to avoid losses to the public and the government.

The commission noted that recurring problems hindering investigations included having to provide a legally-mandated period for accused parties to respond to allegations after seeking legal counsel, as well as difficulties in obtaining relevant documents from state institutions.

The commission also insisted that it has always shown a way to continue with halted projects, which was also the case with the new IGMH building.

In March, the ACC ordered a halt to the construction of the new IGMH building by Amin Construction Pvt Ltd for a second time following complaints alleging that the renegotiated contract was MVR16 million in excess of the budgeted amount.

President Yameen has meanwhile said that his administration would not pursue corruption investigations against officials of the previous government.

He added, however that the government would not interfere with the work of the auditor general or the ACC.

On the project launched today to reclaim 33 hectares of land in Thulusdhoo, Yameen noted that island would double in size at the completion of the project.

“We are creating an asset. An asset is something you have to make full use of. If not, it could be lost and become worthless,” he said.

The new land would create economic opportunities and allow the government to provide housing for residents of Thulusdhoo, he said.

Projects for the construction of a harbour as well as water and sewerage in Thulusdhoo will begin this year, the president pledged.

Yameen also reiterated his call to both the public and local councils to put aside political differences and cooperate with the government’s implementation of development projects.

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Maldives “ideally placed” to be international financial centre, says CMDA chief

CEO of the Capital Market Development Authority (CMDA) Fathimath Shafeega believes the Maldives to be “ideally placed” to play the role of an international financial centre.

Describing the country as strategically well-placed, the head of the independent regulatory authority noted that the country’s nascent financial framework was both a weakness and a strength.

“We don’t have regulations hindering a lot of things,” noted Shafeega. “We can start from a clean slate.”

“But parliament needs to be very much involved in it. We might need to provide the software – laws and regulations and other policy frameworks – while investors can bring the hardware.”

Senior members of both the previous and the current administration have considered the development of offshore banking services as a way to diversify an economy heavily reliant on tourism.

“It’s very much still on the agenda,” said Shafeega.

Shafeega spoke with Minivan News following the release of the CMDA’s first quarterly report in 2014, which revealed the authority’s work this year had focused on drafting legislation to further modernise the market, as well as amending the Corporate Governance Code in order to increase gender diversity on the boards of publicly listed companies.

Islamic Finance

Established by the Maldives Securites Act in 2006, the CMDA’s quarterly report for the first time included details of the Islamic Capital Market – an area the report describes as having an “ever-green future in the Maldives”.

Indeed, Shafeega argued that the successful establishment of an Islamic Capital Market – featuring Shariah compliant financial products – would also add to the Maldives appeal as a future financial hub.

Introducing the quarterly update on the Islamic Capital Market development, Deputy Islamic Minister Dr Aishath Muneeza, argued that there was now a “global movement towards the creation of financial transactions based on underlying activities or underlying assets.”

“Relying on real economic activities has been the success secret of Islamic finance and now we are being forced to find innovative ways to adopt this method,” said Dr Muneeza.

Under Islamic Shariah, any risk-free or guaranteed rate of return on a loan or investment is considered riba, which is prohibited in Islam.

Also chair of the Capital Market Shariáh Advisory Council (CMSAC), Dr Muneeza this quarter became the first person granted Shariah advisor registration status in the Maldives.

CMSAC was created in December 2013 in order to advise the CMDA on the development of an independent Islamic Capital Market.

The council’s activities this quarter included the formulation of a five year plan to increase the availability of Shariah compliant services, raise awareness of Islamic finance, and establish an Islamic Finance Centre in the Maldives.

Writing for the Islamic Finance News website in March, Dr Muneeza  described Islamic Finance as “spreading like wildfire” since the introduction of Islamic banking and capital market services in 2011.

“It is hoped that in the upcoming years the Maldives can be used as a global case study to prove the success of Islamic finance,” she wrote.

Pensions

Shafeega also expressed confidence that the state pension fund – for which the CMDA plays a supervisory role – can soon successfully diversify its investment portfolio.

“As you know the pension system in Maldives has assumed that there will be a developed capital market. The development of the capital market has not kept pace with the pension development.”

Beginning in March this year, the government more than doubled the monthly pension – with individuals aged over 65 now receiving MVR5000.

The government had allocated MVR470 million (US$30.5 million) in the state budget to give out an MVR2,300 (US$149) in cash handouts, with head of the Cabinet’s Economic Council Ahmed Adeeb stating that “innovative” investment would prevent the need to divert funds from within the current budget.

The CMDA quarterly report noted that research had been carried out in order to ascertain potential avenues for investment beyond government or listed securities – the only options currently utilised.

“For the pension fund to be able to generate a good return for the members, we need to diversify the pension investment,” Shafeega told Minivan News.

“We need to find alternative investment that can generate a good return”

Shafeega also expressed confidence that the additional revenue could be realised, revealing that – following the authority’s recommendations – the government was planning to introduce changes to the Pensions Act during the 18th Majlis.

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State prosecutors push president for action on criminal justice crisis

State prosecutors today urged President Abdulla Yameen to bring an end to the criminal justice crisis caused by the leadership vacuum at the Prosecutor General’s (PG) Office.

The ongoing work stoppage at the office has brought the criminal justice system to a halt and prosecutors have refused to attend court following acting PG Hussein Shameem’s resignation last week.

In a letter to the president, prosecutors called for the immediate appointment of a new PG, arguing “[J]ust because we are the PG office’s staff, we do not believe we are authorised to perform the constitutional obligations of the prosecutor general.”

Yameen had previously said he would only submit a new nominee for parliamentary approval when the newly elected People’s Majlis convenes on May 28.

The president’s previous choice for the role—his nephew Maumoon Hameed—failed to gain the required number of votes in parliament last month. In contrast to the current Majlis, pro-government parties will enjoy a health majority in the 18th Majlis.

In their letter, prosecutors disagreed with Attorney General Mohamed Anil’s advice that the most senior official at the office must now take over the PG’s responsibilities. Anil had justified his opinion claiming the country was in a “state of necessity”—a situation where extra-legal actions by state actors, designed to restore order, are deemed constitutional.

However, prosecutors said the state of necessity argument was not valid as long as the Majlis and the president were capable of performing their constitutional duties.

“If there is a state of necessity, the [state] must appoint a prosecutor general according to the law, instead of appointing a party, whose legal status will be questionable, to the job” the letter noted.

“We do not believe we can be forced to act outside established laws,” the prosecutors went on, claiming the constitution and the PG Act does not allow a third party to take over the PG’s responsibilities.

Questionable legal status

Quoting the PG Act, the prosecutors said the only party authorised to carry out the office’s responsibilities was the Deputy PG, while any other work can only be carried out to the extent stated by the leadership.

If a third party were to take over, there were no legal provisions to hold them accountable or ensure their work is impartial, they noted.

“The public must have the assurance that a third party will work without bias, and that accountability mechanisms are in place. This is because the PG’s work is directly connected to public rights,” the letter stated.

Prosecutors also stressed that there must be no question regarding the legal status of PG office representatives in the courtroom given the serious nature of criminal cases.

“Any case the prosecutor general files involves the legal rights of the defendant and their families. It further involves the rights of those who have been physically, psychologically, and financially harmed, victims of sexual and inhumane crimes, and rights of their families. It involves the public interest,” the letter said.

Although the Supreme Court has said criminal trials can continue in the absence of a PG, Druge Court Judge Mahaz Ali has said such trials would be unconstitutional.

Meanwhile, the Bar Association and the opposition Maldivian Democratic Party (MDP) have called for the immediate appointment of a prosecutor general through the current Majlis to end the crisis.

Shameem resigned on May 6 citing the Criminal Court’s “obstruction” of criminal justice.

In his resignation statement, he said he was unable to fulfill his duties due to 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 President’s Office put out a third call for names this week, claiming the previous number of applicants had been low during the second call. Shameem had expressed interest in the position both times, while local media has speculated that a third call will allow Hameed to resubmit his application.

Office spokesman Ibrahim Muaz told Minivan News that there was, as yet, no official response to the letter sent by state prosecutors.

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HRCM urges state to refrain from prosecuting children coerced into crime

With additional reporting by Daniel Bosley

The Human Rights Commission of the Maldives (HRCM) has noted the increase of child participation in serious crimes, stating that children coerced or forced into committing such crimes should not be prosecuted.

“It has come to our notice that children are taking part in serious crimes of late. As children are persons who are sometimes unable to reflect on their situations and judge wrong from right, the number of children who realise they are committing a crime will be few,” the commission said.

The HRCM described it as “unacceptable that some adults are coercing children to commit crimes so that they can remain safely in the background and free of legal repercussions while it is the children who are prosecuted for these crimes.”

“Crimes involving children must be fairly investigated, and those who coerce the children to commit those crimes must be duly prosecuted and brought to justice,” the statement continued.

The participation of young people in Malé’s prominent gang culture has been well documented, as have the links between organised crime and powerful local politicians and businessmen.

Police Commissioner Hussain Waheed also noted the increase in child offenders, stating that theft, assault, drug abuse, and mugging were the most common crimes into which children are coerced.

Waheed spoke of the importance of organising a national level movement to bring an end to children being forced to participate in criminal activity.

The HRCM called upon parents to be mindful and for the relevant state authorities to raise the rights of the child as their highest priority.

The commission’s statement – released on the occasion of Children’s Day – followed the government’s introduction of regulation enabling the reintroduction of the death penalty last month, which allows for the sentencing of juvenile offenders once they turn 18.

Urging repeal of the new regulations, the spokesman for the Office of the High Commissioner for Human Rights, Ravina Shamdasani, has said that such “deeply regrettable” practices contravened international law.

“We urge the Government to retain its moratorium on the use of the death penalty in all circumstances, particularly in cases that involve juvenile offenders and to work towards abolishing the practice altogether,” said Shamdasani.

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PPM leader Gayoom announces membership drive

The Progressive Party of Maldives (PPM) will undertake a membership drive, former president and leader of ruling party Maumoon Abdul Gayoom announced on Saturday.

At a meeting with the incumbent and newly elected PPM parliamentarians, Gayoom asserted that it was vital to further strengthen the party in order to ensure that it remains in government. He stated that the best way to do so is to increase the general membership.

He announced that the party has selected a ‘task force’ to undertake the work of increasing membership, and that work has already commenced in several atolls.

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Maldives joins global air traffic control association

The Maldives Air Traffic Controllers Association (MATCA) has joined the International Federation of Air Traffic Controllers Association (IFATCA).

MATCA’s president Saddam Ahmed Saeed and secretary Yusuf Naeem took part in IFATCA’s 59th annual general meeting, which was held in Spain on Friday (May 9), local media has reported.

The vice president of MATCA Amhaar Mahraan Mohamed told Haveeru today that being a member of an international organisation will provide the MATCA updated on the latest developments in professional opinions and security in the field.

“The international federation usually gives advice on improvement techniques and keeps us updated on new developments in the field. One of the biggest objectives of the association is to provide professional opinions and strengthen air transport facilities. We will be granted all these opportunities now that we are also a member there,” he said.

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Hanifaru clean-up completed in Baa Atoll biosphere reserve

A clean up project took place yesterday (May 10) in the Maldvies Baa Atoll – the Maldives’ first certified UNESCO biosphere reserve.

The clean up of Hanifaru Island and Hanifu reef maintenance was carried out by a large group of volunteers from within the reserve – including local councillors, police officers, and resort workers.

Baa Atoll was officially launched as a Biosphere Reserve in June 2012 by former President Dr Mohamed Waheed.

Obtaining the status of UNESCO biosphere resulted in significnant funding for the atoll, with the UNDP handing over a cheque for US$250,000 as a contribution to the fund at the opening ceremony.

Tourist resorts in Baa Atoll, including Soneva Fushi, Coco Palm, Four Seasons, and Anantara and several other resorts have also pledged donations.

The Baa Atoll Conservation Fund will be used to finance projects to conserve the environment in the atoll as well to support livelihood activities.

The United Nations Educational Scientific and Cultural Organisation (UNESCO) coordinates a world network of over 500 biospheres, which are designated as areas of conservation and innovative sustainable development.

In a recent statement from the Biosphere Reserve Office, the organisers extended their gratitude to everyone who helped with the clean up, assuring that together they can achieve the common goal of managing the reserve.

Participants in the cleanup of Hanifaru included those from the atoll council, Eydhafushi Island Council, Baa Atoll Education Centre, the Maldives Police Services, and Baa Atoll Hospital. The Hanifaru reef cleanup and maintenance was undertaken by Four Seasons, Seamarc, Reathbeach Resort, Dusit Thani, Seasplash, and Kihaad Maldives.

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