Maldives backs UN HRC probe into claims of Israeli violations in Gaza

The Maldives has voted in favor of a UN Human Rights Council independent inquiry into Israel’s violations of international humanitarian and human rights laws in Palestine, particularly in the Gaza strip

The council resolution passed on Wednesday with the support of 29 of the 46 member council. The US voted against the resolution, while seventeen countries, including many European states, abstained from the vote.

The inquiry’s aim is to “establish the facts and circumstances of such violations and of the crimes perpetrated and to identify those responsible,” as well as to find ways to protect civilians.

The HRC condemned “the widespread, systematic and gross violations of international human rights and fundamental freedoms”  and called for and end to all attacks against civilians.

Calling for an immediate end to the illegal closure of the occupied Gaza Strip, the council called on the international community to provide urgent humanitarian assistance and expressed concern over the condition of Palestinians in Israeli detention centers.

Timely Action

During the special session, the Maldives criticised the HRC, arguing that “more timely action should have been taken on this issue by this council.”

The Maldives representative Ambassador-at-large Abdulla Hameed said the country strongly condemns the Israeli “mass killings and the daily massacre of innocent civilians” and called on Israel to “immediately stop the killing and start respecting human life and human dignity and immediately withdraw from the Gaza strip.”

Without naming specific states, the Maldives also criticised “the countries that provides arms and finances that enables Israel to carry out the killings.”

Such  weapons and funds are “taking away the lives of pregnant women, infants and babies,” said Hameed, who said the Maldives demanded an end to such assistance.

The Maldives expressed concern over a “mellow reaction” from larger states, urging the international community to put all its efforts toward a long term resolution to the Middle-East conflict.

Accusing Israel of deliberately targeting hospitals and ambulances, the Maldives demanded that humanitarian agencies be provided unfettered access to Gaza.

At the UN Security Council’s July 22 session, the Maldives suggested a resolution calling for an immediate ceasefire, stating that the realisation of peace in the region will not be achieved “until bold decisions are made” in the council to “fulfill its mandate as outlined in the charter of the United Nations in protecting the vulnerable.”

At the council meeting yesterday, the Maldives called for a de-escalation of hostilities, restoration of calm , and the reopening of the Gaza strip based on the 2005 agreement on movement and access.

“The Maldives reiterates its enduring support for the legitimate and inalienable right to the Palestinian people to freedom, justice and dignity,” its representative said.

Donations

Meanwhile, the Gaza Fund established by the religious Adhaalth Party (AP) and civil society groups had received over MVR1.4 million (US$95,600) by Wednesday (July 23), a party representative told Minivan News today.

Opposition Maldivian Democratic Party (MDP) leader Mohamed Nasheed has now called on Maldivians to donate to the fund after previously suggesting it was “unwise” to donate to a fund established by the AP -questioning the party’s previous use of the Mosque Fund.

Saying that the organisers has assured the funds would be utilised to help the people of Gaza, Nasheed called on everyone to donate whatever is possible.

“We should always aim to assist those who are less fortunate than us, we must help those Muslims who are living under worse conditions than we are. We should always consider their situation,” he said speaking at a collection box in Malé.

The Maldivian Red Crescent (MRC) also began a fund raising programme this week, responding to an emergency appeal for US$14.7 million by the Palestine Red Crescent Society (PRCS).

Collections for the programme will continue until August 15 through MRC bank accounts and donation boxes at public spaces. MRC branches outside Malé will also collect donations, which will be used provide medical supplies and shelter in Palestine, said the PRCS.

The Dhivehi Language Academy has organised a debate on the Palestinian issue, to be aired on local channels on the Independence Day (July 26). The topic for the debate is ‘A permanent solution to the Palestinian issue have not been reached because the Muslims are not united’.

Lasr Friday’s national sermon also concentrated on the Gaza crisis, lamenting the loss of “Muslim holy lands” and destruction of Muslim lands by “enemies of Muslims.”

“Great crimes which was never seen before in the history of humanity are being carried out by the Zionist system against the beloved people of Palestine. Violent acts are being carried out against them after keeping them under occupation for several years and depriving them of many human rights,” read the July 18 sermon.

The sermon also expressed grief over the failure of major global powers to end the attacks and called on Maldivians to protest “without disturbing foreign institutions within the country” and in accordance to the laws. It stated that  working to end “the brutal war against Gaza” is a religious obligation and trying to “stop those atrocities is something every Muslims must do.”

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Court overrules government on lagoon development joint venture

The Civil Court has ruled in favour of Prime Capital Maldives Pvt Ltd in a contract dispute with the government over a joint venture agreement to develop a special tourism zone in Kaafu Atoll Fushidhiggaru lagoon.

In September, Prime Capital sued the government after the Ministry of Economic Development refused to register the joint venture company (JVC) citing lack of authorisation from the president as required by law.

In a verdict (Dhivehi) delivered on July 15, Civil Court Judge Ali Naseer ordered the government to register the JVC within a seven-day period, sign a master lease agreement within five days of registration, “and [to] make all arrangements undertaken by the government in accordance with the agreement”.

An agreement was signed between Prime Capital and the Maldivian government on January 18, 2013 – under the administration of former President Dr Mohamed Waheed – to lease the Fushidhiggaru lagoon for a 50-year period to a JVC with a 25 percent stake for the government.

According to local media, the government was to receive 30 percent of the profits from the tourism venture in the lagoon south of the capital Malé.

Prime Capital is reported to be a Singaporean company.

Denials

Following media reports last year suggesting that the JVC agreement was signed secretively, both Finance Minister Abdulla Jihad and Tourism Minister Ahmed Adeeb initially denied the existence of an agreement to lease the lagoon.

Less than two weeks before the first round of last year’s presidential election on September 7, Jumhooree Coalition campaigner Umar Naseer – now Home Minister – leaked documents to the media purported to be an agreement to sell the lagoon.

Naseer was campaigning for candidate Gasim Ibrahim, while Adeeb was deputy leader of the Progressive Party of Maldives whose candidate – now President Abdulla Yameen – was facing severe criticism from the Jumhooree campaign.

Yameen eventually won the race with Gasim’s endorsement in a run-off with former President Mohamed Nasheed.

The documents leaked by Naseer showed that Finance Minister Jihad had signed the agreement on behalf of the government while Adeeb – also Tourism Minister under President Waheed – had signed as a witness on behalf of Prime Capital.

Naseer alleged at the time that the economic development ministry stopped the project as the cabinet had not officially approved it.

Moreover, the agreement was signed without seeking legal advice from the attorney general, he claimed.

Adeeb denied the existence of an “official” lease agreement and dismissed the allegations as a “political assassination” attempt in the days preceding the presidential election.

He did say, however, that the Waheed administration was in talks with a foreign company as the previous administration had decided to lease the lagoon.

The Anti-Corruption Commission was meanwhile asked to investigate the deal.

Adeeb also suggested that Naseer was upset after the government refused to lease a lagoon called “Gaafalhu” for his whale submarine business.

In its lawsuit, Prime Capital had reportedly submitted a letter signed by Tourism Ministry Deputy Director Hassan Zameel sent to the economic development ministry requesting approval of the JVC registration.

The Civil Court ruled that registering a joint venture with a government stake was the legal responsibility of the government and ordered the relevant ministries to fulfil all contractual obligations.

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Home Minister Umar Naseer’s trial concludes at Criminal Court

Home Minister Umar Naseer’s trial at the Criminal Court on charges of disobedience to order after calling for protesters in January 2012 to storm military barracks has concluded today.

After hearing closing statements, Chief Judge Abdulla Mohamed reportedly said the verdict would be delivered at the final hearing if there were no further matters for clarification.

The Prosecutor General’s (PG) Office is charging Naseer with violating Article 8 (a) of the General Laws Act of 1968 for calling on anti-government protesters in January 2012 to storm the military headquarters with 50 ladders.

The clause prohibits speech or writing contravening Islamic tenets.

According to local media, the prosecution presented video footage of Umar’s remarks as evidence at today’s hearing, while Naseer contended that his remarks were open to interpretation and could not therefore be the basis for pressing charges.

If convicted under Article 88 of the penal code, Naseer faces imprisonment, banishment or house arrest not exceeding six months or a fine not exceeding MVR150 (US$10).

Judge Abdulla Mohamed had taken over the case after Naseer requested a change of judge in letters to both the chief judge and Chief Justice Ahmed Faiz.

The request came after Judge Abdulla Didi refused to accept a procedural point raised by Naseer in the previous hearing in June.

Naseer had asked Judge Didi to annul Article 8 (a) of the General Laws Act on the grounds that it contradicted the right to freedom of expression guaranteed by the constitution.

Didi ruled, however, that Naseer’s claim does not classify as a point of procedure. Naseer’s lawyer Adam Asif meanwhile refused to proceed with the trial until Didi’s decision on the procedural matter was issued in writing. Didi then said he took Naseer’s refusal to proceed with the trial as a refusal to speak in his own defence.

He adjourned the hearing after allowing the state to present video evidence of Naseer’s speech, and said he would hold one more hearing for concluding statements and issue a verdict in a final hearing.

On June 12, Didi had also issued an arrest warrant ordering the police to present Naseer at the court after he missed three consecutive hearings while overseas on official business.

A similar request for a change of judge was granted to Maldivian Development Alliance (MDA) Leader Ahmed ‘Sun’ Shiyam in May after the resort tycoon objected to the manner of the presiding judge in his alcohol smuggling trial.

Disobedience charges

On January 23, 2012, Naseer told anti-government demonstrators in front of the Maldives Monetary Authority building that they should use tactics to tire out the soldiers on duty before climbing into the military barracks, at which point “the people inside will be with us.”

“From today onward, we will turn this protest into one that achieves results,” Naseer had said.

“We know how people overthrow governments. Everything needed to topple the government of this country is now complete.”

After he was questioned by the police in September 2012, Naseer told the press that “there will be no evidence” to prove he committed a criminal offence.

Naseer was appointed Home Minister on a cabinet slot allocated for the Jumhooree Party (JP) on a now defunct coalition agreement with ruling Progressive Party of the Maldives (PPM).

Two other ministers appointed on JP slots have switched to the PPM and its ally MDA following the dissolution of the coalition.

Meanwhile, following this defeat in the PPM primary to Yameen last year, Naseer held a rally in which he alleged widespread vote rigging and accused the PPM presidential candidate of illicit connections with gangs and the illegal drug trade.

Naseer also implicated Yameen in MP Dr Afrasheem Ali’s death, claiming he had witnessed a meeting between Yameen and an individual who was under investigation for Afrasheem’s brutal death.

The PPM expelled Naseer after he refused to apologise for his comments.

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Army ordered the use of expired tear gas and pepper spray on protestors, says dismissed captain

The Maldives National Defense Forces (MNDF) ordered soldiers to use expired tear gas and pepper spray on protestors during the presidential polls of November, dismissed Captain Abdul Muizz Musthafa told the Civil Court on Tuesday.

In a third hearing into an unfair dismissal case, Musthafa claimed he had been dismissed from the army for exercising a constitutionally enshrined right to refuse obedience to unlawful orders.

Musthafa is the first of the nine officers dismissed after President Abdulla Yameen assumed power in November to press charges against the dismissal. The nine were fired for allegedly sowing discord within the military.

The former captain said he had sent photos proving expiration of the tear gas and pepper spray canisters to his superiors via instant messaging service Viber.

But the photos were deleted immediately and the canisters were sent to the armory where razor blades were used to scratch off the expiration dates. The canisters were then sent back for use, Musthafa claimed.

He also claimed he was dismissed in a personal dispute between former Vice Chief of Defense Forces Brigadier General Farhath Shaheer and Chief of Defense Forces Major General Ahmed Shiyam.

MNDF Lawyer and First Lieutenant Mohamed Naseem said the MNDF does not trust Musthafa. The former captain does not uphold military obedience and had spoken out against his superiors on social media, said Naseem.

In response, Musthafa noted the MNDF has not carried out any investigations into misconduct against him to date.

He is seeking reinstatement and has asked the Civil Court to order MVR6 million (US$389,105) in compensation for damages.

In June Brigadier General Ahmed Nilam – dismissed along with Musthafa – also filed a case with the Human Rights Commission (HRCM) relating to his suspension and eventual dismissal from service.

Upheaval and dissent

In a statement on Musthafa’s dismissal, the MNDF accused the captain of collaborating with former Brigadier General Abdulla Shamaal in collecting signatures from MNDF officers on a letter which had been prepared “in the guise” of supporting the Chief of Defense Forces Major General Ahmed Shiyam.

A copy of the letter leaked on social media expressed concern over delays in the presidential elections in 2013, and the repercussions should a president-elect not be determined by the end of the presidential term on November 11.

A statement by the military said Shamaal had leaked the letter on social media “in order to reveal dissent within the military,” and accused Musthafa of aiding Shamaal and planning “to commit dangerous acts using the troops under his captainship”.

The presidential elections of 2013 were marred by repeated delays after the Supreme Court annulled the first round of polls held in September.

Following the MNDF’s first letter of concern, the force amended its regulations to punish officers who promoted “upheaval and chaos.” Several officers were suspended and Shamaal was removed from his position as the commandant of training and doctrine.

In mid-November, as the possibility of holding presidential polls by the end of the presidential term dimmed following police obstruction and Supreme Court orders to delay the second round of election, 73 mid ranking officers circulated an appeal calling on fellow soldiers not to obey any “unlawful” orders issued by then President Dr Mohamed Waheed and his political appointees.

Shortly after President Abdulla Yameen was inaugurated, nine senior-ranking officers were dismissed.

On November 25, Chief of Defense Force Major General Ahmed Shiyam called for “100 percent loyalty” from the MNDF.

“Soldiers must have absolute loyalty. Every single man and women working in this institution must have this characteristic. Otherwise, they are lacking the most important characteristic of a soldier,” Shiyam said.

In September 2013, the Civil Court ordered the Maldives Police Services to reinstate former Head of Intelligence Mohamed ‘MC’ Hameed who had been dismissed by the police’s disciplinary board for unspecified offenses.

Local media at the time said Hameed dismissal was related to a report published by the opposition on the controversial transfer of power in February 2012. The police have appealed the case.

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Maldives team take part in 20th Commonwealth Games

Athletes from the Maldives took part in the opening ceremony for the 20th Commonwealth Games in Glasgow yesterday.

The 23-strong team paraded alongside j ust under 5000 fellow competitors from 71 nations and territories.

The games were officially opened by Queen Elizabeth after singers Susan Boyle and Rod Stewart were joined by a giant kilt in a ceremony celebrating Scottish culture.

Following the conclusion of the official baton relay, Queen Elizabeth noted that the baton represented “a calling together of people from every part of the Commonwealth and serves as a reminder of our shared ideals and ambitions as a diverse, resourceful and cohesive family.”

Hassan Saaid – the holder of the Maldives’ record for the 100m – carried the national flag into Celtic Park where the team was greeted by a crowd of 40,000.

Saaid – a competitor in the London Olympics in 2012 – recently returned from a year of training in Jamaica, during which time he beat his personal best and again broke the Maldives national record.

Saaid and Hussein Inaas will compete in track events, while the Maldives will field six competitors in Badminton, six in table tennis, four in swimming, and five in shooting events.

Badminton player Maisa Ismail is the youngest member of the team, aged just 15-years-old while Ismael Shafeeq is the most senior Maldivian competitor and will take part in the rapid fire pistol shooting event.

17-year-old Mohamed Naseem, from Hithadhoo in Addu City, is the sole competitor from the southern atolls. Naseem will compete in both the men’s singles and doubles events in addition to the mixed doubles.

The Maldives’ swimmers were the first to compete today, with three national records falling.

Aminath Shajan broke her own national record in the 200m women’s freestyle event, Aishath Sajina set a record time for the 50m breaststroke, and Nishwan Ibrahim became the fastest Maldivian male in the 50m butterfly event

Despite consisting of 53 member states – which make up just under one third of the global population, the games include additional territories competing under their own flags.

The largest team sent to Scotland for games is Australia’s, made up of 417 athletes, while Brunei has entered just one competitor to compete in the games

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Maldivian jailed in Thailand for 14 months

A 44-year-old Maldivian man has been sentenced to 14 months in jail in Thailand for using counterfeit US dollars and overstaying his visa.

Nahula Ali, executive coordinator at the Foreign Ministry, told local media that the Maldivian citizen was indicted in June and had confessed to the crime.

Local media has identified the man as Abdulla Saeed from Raa Atoll Ungoofaru.

The Foreign Ministry has reportedly communicated the news to the man’s family and local authorities.

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