Day: June 3, 2014

Nasheed proposes constitution change to parliamentary system

The Maldives constitution may have to be amended to address issues arising from the dissolution of the ruling Progressive Coalition, opposition leader and former President Mohamed Nasheed told diplomats in Colombo.

The split between Progressive Party of Maldives (PPM) and the Jumhooree Party (JP) has resulted in a government lacking popular support and will ultimately harm the Maldivian public, he said.

Nasheed called for amending the system of governance from a presidential system to a parliamentary system. He has long argued coalitions could only work in a parliamentary system of government.

The PPM last week announced the dissolution of the ruling coalition after the two parties clashed over control of the speakership in the newly elected People’s Majlis. The vote saw a win for PPM’s Abdulla Maseeh against the JP’s Gasim Ibrahim.

Gasim had won 23.35 percent of the vote in the first round of presidential polls last year, and his backing was crucial for the PPM’s win in the second round. The PPM had gained 29.72 percent of the vote in the first round and narrowly won the election against Nasheed with 51.39 percent.

Nasheed himself required the backing of the JP and a number of smaller parties to win the presidential election of 2008. The coalition led by Nasheed’s Maldivian Democratic Party (MDP) also fell apart shortly after Nasheed assumed power.

Speaking to private broadcaster Raajje TV last week, Nasheed said he would work through the newly elected parliament to amend the constitution and facilitate a transition to a parliamentary system.

The challenges faced in implementing the system of governance dictated by the constitution indicates that the Maldives needs a parliamentary system, Nasheed said.

He said he is ready to work with leader of the PPM and former President Maumoon Abdul Gayoom as well as Gasim to change the constitution.

“It is time for the system of governance in Maldives to be changed into a parliamentary system. When we move to a parliamentary system there won’t be any need to have a cabinet,” said Nasheed.

“The cabinet is very costly, we can cut down that as well [by moving to a parliamentary system]. What I want to say to President Maumoon is to think about how the Maldives have been governed in the past and what happened during the drafting of the constitution,” he was quoted as saying.

Nasheed had raised the same issue during his presidency in July 2010, again citing difficulties in governance. At the time, Nasheed’s MDP controlled a minority in parliament while the then-opposition opposed and blocked several flagship laws.

In response, Nasheed proposed to amend the constitution to either “complete the presidential system” or move to a parliamentary system. He had declared he was ready to go for a re-election following the change if all political parties could reach an agreement on the issue.

Speaking to Minivan News in February, Nasheed said: “Coalitions work in parliamentary systems where you can actually have ministers coming out from the parliament and therefore it’s possible to come to an arrangement. But when the cabinet is not in the parliament, an alliance doesn’t necessarily work.”

“The shuffling or the portions given to different parties are given from the cabinet, and the cabinet is a very superficial layer on the government. The actual essence is the parliament where you make the laws.”

But, Ibrahim ‘Ibra’ Ismail, who was the chairman of the committee responsible for drafting the 2008 Constitution, spoke against the change today, saying the public had already voted for the presidential system in a 2007 referendum and that any change must come through public consultation rather than an agreement between political parties.

“We were unable to reach an agreement on that in 2007, so it was decided that we should go for a public referendum, to let the people decide,” Ibra said.

“The people decided on this matter directly, so I don’t think representatives can change it back. Even if they do it they should consult the public, there should be a public discussion. I don’t think changing in any other way is beneficial for the nation,” he added.

Approximately 62 percent of the public backed the presidential form of governance in 2007. At the time both the MDP and incumbent President Abdulla Yameen’s former party, the Progressive Alliance (now dissolved), supported the parliamentary system while Gayoom supported a presidential system.

While in Colombo, Nasheed met the US ambassador to the Maldives Michele J. Sison, British High Commissioner to the Maldives John Rankin, Australian High Commissioner to the Maldives Robyn Mudie and the French Ambassador to the Maldives Jean-Paul Monchau.

In addition to this he also met International Finance Corporation country manager to the Maldives Adam Sack.

Likes(0)Dislikes(0)

Maldivian asylum seekers assured of prosecution upon return, says President’s Office

Maldivians seeking asylum abroad on grounds of religion or sexuality can be assured of prosecution should they return, says the President’s Office.

“The threat from the state they speak of is in actuality our law and regulations. That will not change,” President’s Office Spokesman Ibrahim Muaz explained.

Muaz’s comments come in response to a story in the New Zealand media that a homosexual Maldivian asylum seeker has become an prize-winning drag queen in Wellington.

Abraham Naim told the Dominion Post that he had been granted asylum in 2013 after facing persecution in the Maldives.

The article quotes New Zealand’s Ministry of Business, Innovation, and Employment as stating that Naim was “at risk of serious harm from state agents” and that “there is a real chance of persecution if he returned to the Maldives”.

Naim also told the news website that he has been prey to numerous online threats and hate mail. “My entire existence is controversial,” he said.

Asked to comment on the matter today, Mushrif Musaid (Supervisor) at Ministry of Islamic Affairs Jannath Saeed stated that acts of homosexuality are clearly anti-Islamic and against the country’s laws, and thereby subject to legal action.

“Such acts of homosexuality are haraam in Islam. However, this ministry has not so far received any complaints from anyone claiming to be a persecuted homosexual,” said Jannath.

“We will need to check if the ministry has issued any threats or statements against a homosexual. The fact remains that such an act is without doubt against Islam,” he commented.

Ministry of Foreign Affairs Media Official Zaaid Ahmed stated that he would comment on the matter on a future date after consulting with the relevant officials in the ministry.

Speaking on the issue of Maldivian asylum seekers last month, President Abdulla Yameen referred to the act of leaving the Maldives as “treason”, though he suggested those who returned would be welcomed.

“If they want to leave the shelter of Maldives, we say, you are welcome, go somewhere else. But if they want to come back to the Maldives, we will again say, welcome back to the Maldives,” said the president.

“Too much to lose”

Spokesman Muaz told Minivan News today that instances of Maldivian youth committing criminal acts under the protection of foreign states had been seen before.

“No one can get away with committing such acts for as long as they are using a Maldivian identity card or passport,” he added.

In his interview with the Dominion Post, Naim – who performs under the name Medulla Oblongata – explained that he had been disowned by his father.

“I’m definitely in a better place now,” he told the paper.

Speaking with other Maldivians currently living abroad for reasons related to their sexuality, Minivan News was told that most preferred to refrain from publicly revealing their sexuality as there was “too much to lose”.

Some said it would be difficult to get employment, while others spoke of being ostracised from society, fearing the repercussion their families might face.

“I prefer to stay quiet about it in my country of origin and instead live elsewhere where I can live comfortably with my sexuality. I’d lose everything from my family connections to friends if I come out,” said 23-year-old Ahmed Matheen*.

Moosa Farih* suggested that the situation for gay Maldivians had deteriorated in recent times.

“Until now, Maldivian LGBT have been largely left alone, but I feel that the focus has gradually been shifting onto us lately, and this is because there is increasing number of people who are trying hard to create the platform for our voices to be heard.”

“I am glad that Naim is out there spearheading this change. In Islam, there is no compulsion in religion, but that is never practiced. If the government and the people of Maldives wanted LGBT to be out of their system, asylum seekers shouldn’t be threatened with extradition and prosecution,” said Farih.

One 28-year-old Maldivian man, still living in n the capital Malé said that only a few “trusted persons” were aware of his sexuality.

“I could easily seek asylum elsewhere, but the point is, my life does not revolve around my sexuality,” he said.

“Yes, I am homosexual. But that is just an unavoidable fact like the colour of my eyes or my skin tone.

I’d rather keep it secret and live here and achieve my dreams of working to make this country a better, more progressive place,” he said, on account of anonymity.

*Names changed on request

Likes(0)Dislikes(0)

Amnesty International urges Maldives to investigate brutality at Anbaraa

Amnesty International has urged the Maldives to investigate allegations of police brutality during a raid on a music festival on Anbaraa Island in April.

Although police claimed they carried out the raid on suspicion of drug abuse, their actions on Anbaraa seems to have been focused on stopping the festival and forcing women to cover themselves up, said Amnesty.

The organisation highlighted claims of unnecessary force, arbitrary arrest of 79 festival goers on alleged possession and use of drugs, ill treatment of detainees in police custody and denial of rights to freedom of assembly and freedom of expression.

Festival participants told Amnesty that the police manhandled many of them, verbally abused them, threw them to the ground, and forced them to lie face down.

Police also ransacked and looted their belongings, said festival-goers. Some detainees were beaten up while other suffered sexual harassment, Amnesty was told.

The Police Integrity Commission (PIC) said it has not received any requests to investigate police brutality during the festival.

Police were not responding to calls at the time of press.

Arbitrary arrest

Of the 200 festivalgoers, police only arrested 79 – including 19 women and a 17-year-old girl. The rest were set free.

It was only in remand hearings that the detainees learned they had been taken into custody for the possession and use of drugs.

Contrary to police statements that all detainees had tested positive for drugs at the time of arrest, drug tests were only performed after the court hearings at the Dhoonidhoo detention center, Amnesty said.

“The police said they raided the Anbaraa festival because the participants were using drugs. However, the delay in carrying out drug tests, and the fact no one has been charged with any offence, raises concern that this was only a pretext.”

The raid occurred despite approval from the authorities including the Ministry of Tourism to hold the festival, Amnesty said.

“However, in the very early hours of 20 April, the police raided the island from the sea in full riot gear and masks, shot off flares and rubber bullets and rounded up festival goers,” Amnesty’s statement said.

The organisation reminded the Maldives Police Service that law enforcement officials shall “as far as possible apply nonviolent means before resorting to the use of force and firearms” as per UN basic principles number four on use of force and firearms.

Festivalgoers told Amnesty that officers beat them up when asked to explain why they were being arrested.

One participant told Amnesty that she was kicked hard in the back by a policeman for not putting her hands up when ordered to, because in a state of shock she did not know what she was supposed to do.

Police officers also used pepper spray without provocation, they said.

Sexual abuse

Female participants told Amnesty of sexual abuse and humiliation. Police officers allegedly told female detainees they would “shove their batons up them.”

Another woman recounted: “We were separated from the men and then the police draped the women, some of whom were wearing shorts and shirts, with material because they said we were not decent.”

“They also filmed us. They meant to humiliate us and refused to say why we had been arrested. We spent the night in handcuffs, with little water and no food until morning,” she continued.

Police action seems to have focused on forcing women to cover themselves up, Amnesty said.

“Although there are no laws banning music in the Maldives and Islamic dress is not mandatory, police action appears to have focused on stopping the music festival and forcing women wearing skirts and shirts to cover themselves,” the statement said.

The last of the three Maldivians in custody were transferred to house arrest on June 2. A Malaysian national is still at the Dhoonidhoo Detention Center, Amnesty said.

Amnesty International has called attention to the police’s frequent use of excessive force against demonstrators, especially in the aftermath of the controversial transfer of power in February 2012.

A previous version of this article incorrectly said five of the Anbaraa detainees are still in custody.

Likes(0)Dislikes(0)

EU elections observers recommend legislation to improve future polls

The European Union’s Election Observation Mission (EOM) has recommended the Maldives take steps to clarify jurisdictional overlaps and to ensure the transparency of campaign finance.

“Our recommendations are focused on improving the environment for the next elections here in the Maldives,” said Chief Observer Edward Kukan.

“They are potential solutions, cornerstones for debate,” he added.

Presenting the final report of the mission conducted during the Majlis elections in march, the observers also advised further efforts to reduce vote buying and to guarantee secrecy of the vote.

As well as highlighting Supreme Court “interference” in the electoral process, the EU mission suggested that the dismissal of senior elections commissioners less than two weeks prior to polling violated both the constitution and the Elections Commission Act.

“Legislation should clearly define the division of the competencies of the courts, the Election Commission, the police and the Anti-Corruption Commission during the electoral process,” read the report.

The EOM also noted the lack of clarity surrounding the legal validity of the 16-point guidelines introduced by the Supreme Court during last year’s presidential elections.

“These guidelines did not appear to improve the elections process and they were not always practical or implementable.”

The mission – which also conducted media monitoring – called for an amendment to Article 27 of the constitution, which relates to freedom of expression that is not deemed contrary to the tenets of Islam.

The report recommended changing the article to bring it into alignment with the Maldives commitments under the International Covenant on Civil and Political Rights (ICCPR).

Article 19 of the ICCPR calls for everyone to have the freedom to “seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print.”

Additional recommendations made by the group included greater efforts to promote the participation of women, whom the report described as being “acutely under-represented in public life”.

The decrease in the percentage of female MPs elected in March was viewed in the report of growing conservatism and de facto discrimination across society.

Securing votes

Following suggestions of local civil society that the fairness of the poll had been threatened by ‘money politics’, today’s report called for the overhaul of campaign finance rules.

“The area of campaign finance is insufficiently regulated and there were widespread allegations that over-spending as well as vote-buying were common practice.”

Regulations regarding “third party spending and in-kind” contributions” ought to be implemented, said the mission, while there should be an effort to minimise the use of state resources and a moratorium on candidates’ opening public works during campaigning.

Mission members noted that road construction projects were inaugurated in Addu atoll in the presence of President Abdulla Yameen and Progressive Party of Maldives candidates – a task normally reserved for the city council.

“Numerous reports of excessive campaign expenditure, as well as abuse of state resources, suggest the playing field was not level.”

Observers noted receiving reports of widespread vote-buying, threats, and bribery – these included the distribution of TVs and washing machines, scholarships, loans, and medical treatments.

Representatives of all parties aired allegations of endemic corruption following the March 22 vote, which saw pro-government parties win a handsome majority

It was also noted that the deadline for the declaration of campaign spending by candidates currently comes 14 days after period for legally challenging results expires.

Further recommendations made today included measures to protect the secrecy of small numbers of voters casting their ballots outside of their constituency.

The report argued that people should be allowed to register as voters in the constituencies in which they permanently reside in order to be effectively represented by their MP. Currently, Maldivian citizens are permanently registered on the island on which they were born.

With regards to the media environment, the mission suggested a merger between the Media Council and the Broadcasting Commission in order to provide a “clear delineation of responsibilities” for oversight during future elections.

The EU’s mission involved 30 observers from 16 EU member states, observing the entire electoral process including the legal framework, campaigning, media conduct, voting, ballot counting, and the general electoral environment.

Likes(0)Dislikes(0)

Maumoon Hameed and Criminal Court Judge Muhuthaz Muhsin nominated for prosecutor general

President Abdulla Yameen has nominated his nephew Maumoon Hameed and Criminal Court Judge Muhuthaz Muhsin for the vacant post of prosecutor general (PG).

The 17th People’s Majlis had rejected Hameed for the position in March. However, he is expected to win the post as Yameen’s Progressive Party of the Maldives (PPM) holds a majority in the new Majlis.

The 18th People’s Majlis was sworn in on May 28.

Acting PG Hussein Shameem’s resignation in early May brought the criminal justice system to a halt after state prosecutors went on strike, citing concerns of a lack of accountability in the absence of a PG.

However, the Supreme Court ordered prosecutors to resume work “without any further excuse” and ordered the seniormost official at the PG office to assume the relevant responsibilities.

Yameen refused to submit a new nominee to the 17th Majlis during the crisis and opened up a third call for applicants.

In addition to Hameed and Muhsin, former Tourism Minister Mariyam Zulfa, state prosecutor Fazna Ahmed, and Drug Court Judge Mahaz Ali applied for the position.

Likes(0)Dislikes(0)

BML aims to provide basic banking services to all islands by 2017

The Bank of Maldives Pvt Ltd has announced it will provide basic banking services to all inhabited islands in the Maldives by 2017.

Speaking at the national bank’s annual general meeting on May 29, CEO Andrew Healy said these services would include cash deposits, cash withdrawals, transfers and payments.

By December 10, 50 islands that do not have banking services will receive cash withdrawal services. BML intends to install card machines in retail and other outlets on islands.

“Today’s announcement reflects our steadfast commitment to expand banking services to all parts of the country and in particular to reach out to the remote islands. This financial inclusion programme will take time to roll out but 50 islands will benefit this year and we will be in a position to announce more details on these over the next few months,” Healy said.

The bank’s three-year strategy, unveiled at the AGM, said it will focus on financial inclusion, customer service and support for businesses.

BML will introduce a new business banking unit where each business customer is to be assigned a dedicated relationship manager and dedicated counters are to be allocated for business customers.

The bank also plans to launch Islamic banking services by the end of this year.

If the targetted progress is made, BML will be in a position to consider international expansion in 2017, a press release by the bank said.

On May 27, the bank announced customers will no longer have to pay for cash withdrawals from its ATMs. Customers can withdraw MVR 10,000 using the Visa Classic and American Express Green debit cards, and MVR15,000 using the American Express Gold debit cards without the previous MVR2 transaction charge.

BML customers also no longer have to pay for transferring money between different branches or accounts across the country. Previously, a charge of between MVR25 and MVR3,000 was applicable, depending on the size of the transfer.

Likes(0)Dislikes(0)

MJA cancels executive council vote amidst chaos

The Maldives Journalist Association (MJA) has cancelled a vote to elect members to its governing executive council amid chaotic scenes.

Members disrupted the meeting over the secretariat’s decision to hold an open vote. Journalists called for a secret ballot claiming junior reporters would be compelled to vote for their employers in an open vote.

However, the secretariat decided to go ahead by counting hands in favor, but cancelled the vote when some members refused to back down.

This is the second attempt by the MJA – founded in 2009 – in the past year to elect its governing body.

Journalists also took issue with the absence of their names from the membership list.

Likes(0)Dislikes(0)

PPM and MDP elect parliamentary group leaders

The Progressive Party of the Maldives (PPM) and Maldivian Democratic Party (MDP) have elected leaders of their parliamentary groups.

Ruling PPM elected MP for Villimalé constituency Ahmed Nihan in an election held on Monday. MP for Vilifushi Riyaz Rasheed was elected as a deputy. Nihan is now the majority leader as PPM holds a majority in the parliament with 38 MPs.

MP for Hinnavaru constituency Ibrahim ‘Ibu’ Solih was elected uncontested to head the opposition MDP’s parliamentary group in an election on Sunday. He is now the Majlis’ minority leader.

MP for Meedhoo constituency Rozaina Adam was elected deputy PG leader of the 25 member MDP group.

The 14 MP Jumhooree Party (JP) also elected their MP Gasim Ibrahim as parliamentary group last week.

The 18th People’s Majlis convened on May 28.

Likes(0)Dislikes(0)