Month: July 2014

Majlis accepts two government-sponsored bills for further review

The People’s Majlis yesterday accepted two pieces of legislation submitted on the behalf of the government and sent the bills to committee for further review.

An amendment proposed by Progressive Party of Maldives MP Abdulla Rifau to a 1976 law governing mandatory national service for students of public schools as well as private schools operating with state financial assistance was accepted unanimously with 75 votes.

Amendments to the Lagan, Derelict, Flotsam and Jetsam Ownership Act of 1998 was meanwhile accepted with 67 votes in favour and one against. The amendment bill was sent to the economic affairs committee for further review.

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Parliament endorses nominees for four diplomatic posts

The People’s Majlis approved four nominees of President Abdulla Yameen to top diplomatic posts at yesterday’s sitting following evaluation by the national security committee.

All four nominees were endorsed with unanimous consent of all MPs in attendance.

Dr Mohamed Asim, of Galolhu Vaijeheyge, was approved as non-resident high commissioner to the People’s Republic of Bangladesh while Ahmed Shian, of Galolhu Samantha, was appointed ambassador of Maldives to Belgium and the European Union, and non-resident high commissioner to the United Kingdom.

Fathmath Inaya, of Manchangoalhi Resting House, was approved as non-resident high commissioner of Maldives to Singapore and Abdulla Hameed, of Maafanu Crescent Wood, was approved as the non-resident ambassador of Maldives to United Arab Emirates and the State of Kuwait.

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Seleznyov’s Guam hearing delayed as defence claims Maldives’ arrest was illegal

The lawyer of alleged Russian hacker Roman Seleznyov has alleged his client’s detention in the Maldives was illegal, calling for the termination of his case based on “outrageous governmental misconduct” by the United States.

“The U.S. agents disregarded the U.S. law which prohibits the execution of warrant of arrests on foreign soil, disregarded Maldives law which affords fundamental legal protections, and disregarded well-established principles of international law which prohibit government-sponsored abduction of non-combatants,” Defence Attorney Patrick Civille was quoted as saying by local media in Guam.

Seleznyov was taken to the US territory after being detained at the Maldives’ Ibrahim Nasir International Airport on July 5. Outraged Russian authorities have described his arrest as “kidnapping”.

A removal hearing scheduled in Guam today has been delayed while Guam Chief Judge Frances Tydingco Gatewood determines whether she has jurisdiction over the case.

Seleznyov’s attorneys are reported as saying their client was detained by US rather than Maldivian personnel, as well as questioning the validity of the Interpol red notice used to detain him, claiming the notice was only issued on the day of the arrest.

An initial US press release revealed no details of the location of the arrest, though it was clearly stated as having taken place on July 5. A subsequent statement by the US Attorney’s Office in Guam said that Seleznyov had been arrested in Guam on July 6.

Arrested by US personnel

Civille’s motion is reported to have argued that  his client was “in fact taken into custody by agents of the United States Secret Service while physically present in the Republic of the Maldives,” said Kuam News.

“While on foreign soil, Seleznev [sic] was detained, handcuffed and questioned by U.S. law enforcement agents who then quickly spirited Seleznev away from Maldives to Guam on a private jet chartered by the United States,” continued Civille.

“His arrest therefore occurred on foreign soil, not upon the territory of the United States, and thus his presence before this court has been procured in an unlawful manner.”

Assistant US Attorney Marivic David is reported to have argued that the Guam court’s role is simply to positively identify the suspect in order to issue an order for his removal to the Western District of Washington in the US where Seleznyov was indicted in March 2011.

In a statement provided for the District Court of Guam, Seleznyov has described his arrest by US personnel on July 5.

“One of the three Americans screamed loudly that he was with the United States Secret Service and that I was under arrest. When I asked why I was under arrest, a paper was aggressively dangled in front of my face,” Marianas Variety reported Seleznyov as saying.

“None of these individuals was a Maldives law enforcement agent as far as I could determine,” Seleznyov is quoted as saying.

While Russian media have also quoted eyewitnesses who reported non-Maldivians detaining the Seleznyov, President Abdulla Yameen has previously dismissed claims of a US Secret Service operation on Maldivian soil as baseless.

Strained relations

After a high-level government delegation met with Russian diplomats in an attempt to smooth relations, Home Minister Umar Naseer last week said that Maldivian authorities would have acted differently had they know the suspect was the son of a Russian MP.

“Had it been known that he was a high-profile person in Russia, we would have discussed with Russia. We would have talked and found out what they thought of the matter. We don’t want at all to do anything to displease Russia,” Naseer said on TVM’s Raajje Miadhu (Maldives Today) programme Thursday night (July 17).

Selezynov’s father Valery Seleznyov has called on Russian authorities to impose economic sanctions on the Maldives and reportedly offered US$50,000 for evidence proving his son was detained by US intelligence agents.

US officials in have maintained that Maldivian authorities acted under their own laws, expelling Seleznyov from the country before his subsequent arrest.

Seleznyov is accused of bank fraud, identity theft, and other cyber crimes. The US have described him as “one of the world’s most prolific traffickers of stolen financial information”.

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Immigration deports 6,400 undocumented workers, holds 159 in detention

The Department of Immigration and Emigration deported 6,400 migrant workers between January and July and is currently holding 159 workers in detention.

According to the department, barring a handful arrested on criminal offenses, all were undocumented – some having worked illegally for up to 12 years.

“This is not just a programme we carry out for this period, it will be a continuous process,” said Controller of Immigration Hassan Ali, who also promises action against employers.

“We have been warning about this for several years now, but there will be no warning anymore. We are taking action.”

The controller has made assurances that immigration staff are aware of the risk of deporting trafficking victims, and said that no legal rights were being infringed upon during the detention of migrant workers.

He urged small businesses to ensure recruitment agencies provide the correct information to migrant workers prior to their arrival. He also revealed long term plans to check company immigration records before awarding government contracts.

The current special operation to deport undocumented workers was announced on April 24, with Minister of Defence and National Security Mohamed Nazim – also in charge of the immigration department – promising “the whole Malé will be cleaned [of migrant workers]” within three weeks.

In December 2013 the department also conducted a voluntary repatriation program to allow for the regularisation of workers through easier documentation processes and the option to return legally after six months.

Those detained under the current programme are deported as soon as possible, and will be unable to return to the Maldives within the next ten years.

Their documents are arranged through their respective foreign offices and the travel fare is arranged with money deposited at the department prior to their arrival, or through their employers.

Trafficking risk

The Human Rights Commission of the Maldives (HRCM) has previously expressed concern over the programme, stating that victims of human trafficking may also be deported.

While the national anti-trafficking steering committee established under the new Anti-Trafficking Act has drafted a national guideline of internationally accepted standards, it is yet to be approved and used at a national level.

“No, we do not have such a standard at the moment,” Hassan Ali told Minivan News this week.

“However, our staff have taken part in programmes conducted by organisations like IOM [International Organization for Migration] and ILO [International Labor Organization] on human trafficking. They are well aware of indicators of trafficking and have identified some cases and forwarded those to the police,” the controller continued.

The 2014 US State Department’s Trafficking In Persons Report highlighted lack of procedures to identify victims among vulnerable populations, and inadequate training for officials.

The report stated that “the government penalized some victims for offenses committed as a result of being trafficked and also deported thousands of migrants without adequately screening for indications of forced labor.”

Detention

Until deportation, most workers are detained at Hulhumalé prison, or sometimes in the police custodial centers, the immigration department explained.

Hulhumalé prison, which also holds a number of convicted criminals, is being used as a detention facility for undocumented workers as the immigration department lacks its own facility.

Article 48 of the Constitution outlines rights of a person during arrest or detention – rights extended to immigrants – which include the right to an attorney, and to be brought before a judge within 24 hours to determine the validity of the detention.

Referring to the phrasing of the article, which states that only “a person detained for being accused of a crime” has the right be brought before a judge, Hassan said it does not apply to immigration detention of undocumented workers.

“I don’t even want to call this detention. We are sending them back as soon as we can, sometimes immediately, sometimes within a day. But sometimes it takes longer than that,” he said.

He added that the department was authorised under the Immigration Act and the Parole Act.

Article 21 of the Immigration Act states that it is unlawful for anyone without proper documentation to remain in the Maldives, authorising the controller to detain such persons, at a place of his choosing, until deportation.

Prominent lawyers have noted that, while the detention is valid, it is important to ensure it does not extend beyond a reasonable period of time and that the  HRCM should ensure their rights are guaranteed during that period.

Minivan News understands the Hulhumalé Prison was recently visited by HRCM, who are mandated to monitor places of detention under the Human Rights Commission Act, the Anti-Torture Act, and the UN Optional Protocol to the Convention against Torture.

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JSC denies reports of ethical misconduct case against new prosecutor general

The Judicial Service Commission (JSC) has denied allegations made by opposition-aligned private broadcaster Raajje TV that it had found Criminal Court Judge Muhthaz Muhsin guilty of ethical misconduct.

Muhsin was approved as the new prosecutor general by parliament yesterday following his nomination to the vacant post by President Abdulla Yameen and sworn in at a ceremony this morning.

In a press release on Sunday (July 20), the judicial watchdog body said it had not “concluded any complaints” against Muhsin.

“[T]he news reported by Raajje.mv and Raajje TV claiming that [Muhsin] has been found guilty of ethical misconduct is false and the commission regrets with concern that such false information has been disseminated,” the press release stated.

The JSC explained that complaints against judges are scrutinised by the commission’s complaints and investigation section, which submits a report to the ten-member commission for consideration.

The commission then decides to take disciplinary action following further investigation by a subcommittee after offering a 30-day period for the accused judge to respond.

JSC Spokesperson Hassan Zaheen told Minivan News yesterday that the commission could not confirm whether a complaint had been filed against a specific judge.

The JSC provides information to the public once an investigation has been completed and a decision made regarding a complaint, he explained.

“Anyone can submit complaints about judges, even if a person did not like the way a judge was walking on the street for example,” he said.

Judges “could not live in this country” if the JSC revealed to the media when a complaint has been lodged against a judge, Zaheen suggested.

Leaked report

Raajje TV reported this week that an investigative report into a complaint filed against Muhsin in April 2010 was completed on May 30 this year.

The leaked report showed that a subcommittee found Muhsin had violated ethical standards by allegedly attempting to prevent a suspect arrested for theft from being held in remand detention.

Muhsin allegedly called the investigating police officer and Criminal Court judges at the behest of the suspect’s wife.

In testimony to the JSC subcommittee, the police officer allegedly said that Muhsin had called him asking whether the suspect was in police custody and had sought information regarding the case.

The television station has stood by its news report, noting that the leaked investigation report bore the JSC letterhead.

Raajje TV also noted that opposition Maldivian Democratic Party MPs who evaluated Muhsin’s nomination in the parliament oversight committee had requested that information of the complaint be sought from the JSC.

However, the pro-government majority on the independent institutions oversight committee rejected the proposal.

Meanwhile, according to local media, the case in question involved former Chief Inspector Mirfath Faiz, whose husband was arrested for stealing a mobile phone in 2010.

In a Civil Court case over her subsequent dismissal from the Maldives Police Service, the Attorney General’s Office informed the court that Faiz had called Muhsin to save her husband from being taken to the Criminal Court to have his detention extended .

“Politicised”

The JSC is tasked by the constitution with investigating complaints and taking disciplinary action against judges.

According to the JSC’s annual report for 2013, the commission has yet to conclude investigations or make a decision regarding 106 cases, which were pending at the end of last year, including one complaint dating back to 2008 and four complaints from 2009.

Other pending cases included 13 complaints from 2010, 16 complaints from 2011, 17 complaints from 2012 and 55 complaints from 2013.

The complaints against judges involved allegations of bias, lack of integrity, behavioural misconduct, discrimination, incompetence, procedural violations, inordinate delays in concluding cases, and breach of law and the constitution.

In a comprehensive report on the Maldivian judiciary released in May 2013, UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, noted that there was consensus on the view that the current composition of the JSC was “inadequate and politicised”.

“Because of this politicisation, the commission has allegedly been subjected to all sorts of external influence and has consequently been unable to function properly,” she wrote.

Moreover, the lack of transparency regarding proceedings over complaints, the criteria used to initiate proceedings, and JSC decisions “nourishes serious allegations of selectivity in the management of complaints.”

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Chinese envoy sees expanded China-Maldives economic cooperation: People Daily

Chinese Ambassador Wang Fukang has told Chinese news agency Xinhua that China and the Maldives are in a position to expand economic cooperation across wide areas.

“The ambassador said that the current Maldivian government is trying to diversify its single economic structure and is committed to attract more foreign investments, including those coming from China,” wrote the state news agency.

“Wang noted that since Maldives is located in the heart of the Indian Ocean, it is an ideal hub for trade between East and the West and that every year a large number of cargo ships pass through the Maldivian territorial waters.

Since Maldives is also a member of South Asian Association for Regional Cooperation (SAARC), it enjoys preferential tax in the region. With the help of these benefits, the Maldivian government aims to actively attract foreign investments, establish special economic zones and develop transshipment and manufacturing industries.

The Maldivian government organized the first “Maldives Investment Forum” in Singapore in April, promoting five mega- projects, including the special economic zones, expansion of Ibrahim Nasir International Airport, Hulhumale’ Phase II development, expansion of Male Harbor and oil exploration.

Currently, the Maldivian government is formulating a Special Economic Zone Bill which aims to provide more incentives to foreign investors in terms of tax breaks, relaxed financial requirements and preferential land use.

Ambassador Wang stressed that China and Maldives could focus on enhancing cooperation in three areas.

‘The first is tourism cooperation. Since 2010, China has remained the largest source of tourist arrivals in the Maldives. In 2013 alone, more than 330,000 Chinese tourists visited Maldives. In the future, both sides could encourage more Chinese tourists to visit Maldives. Maldives could attract potential Chinese companies to invest in the tourism sector of the country,’ Wang said.

The second area for cooperation between the two countries is infrastructure development.The new Maldivian government could initiate large-scale infrastructure projects where Chinese enterprises could participate, he said.

The third area is maritime cooperation. Wang said that China is willing to train maritime personnel, discuss and sign memorandums of understanding in the area of maritime cooperation, strengthening cooperation in fisheries, marine research, protection of ecology and environment as well as climate change.”

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Majlis passes amendment to Territorial Waters Act

The People’s Majlis yesterday passed an amendment to the Territorial Waters Act of 1996 following review by the national security committee with unanimous consent of 80 MPs.

The amendment (Dhivehi) was proposed on behalf of the government by Progressive Party of Maldives MP Ali Shah and sent to committee for further review on July 2.

The amendment state that a two-third majority of parliament would be required to make changes to the territorial waters of the Maldives.

The legislation was among a raft of amendments submitted by the government to bring outdated laws in line with the new constitution adopted in August 2008.

An amendment proposed to the Disability Act by Adhaalath Party MP Anara Naeem to raise the monthly allowance provided to persons with special needs was meanwhile accepted at yesterday’s sitting of parliament.

All 81 MPs in attendance voted unanimously to accept the bill, after which it was sent to the social affairs committee for further review.

Government-sponsored legislation on repealing a law governing government acquisition of private property with legal compensation was also accepted for review at yesterday’s sitting.

The bill was accepted with 79 votes in favour, one against, and one abstention, and sent to the independent institutions oversight committee for review.

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Majlis approves reintroducing car allowance for ministers

The People’s Majlis approved a revision to the state’s wage structure recommended by the public accounts committee (PAC) to reintroduce a discontinued car allowance for cabinet ministers.

The PAC report (Dhivehi) was passed with 58 votes in favour and 20 against.

On July 14, the PAC approved a request by President Abdulla Yameen to reintroduce the MVR6,500 (US$422) monthly salary for drivers of ministers’ cars as well as a MVR1,000 (US$65) allowance for petrol cost.

Parliament also granted an extension to an MVR50 million (US$3.2 million) overdraft facility provided to the State Electricity Company (STELCO) by the Bank of Maldives.

A recommendation by the PAC (Dhivehi) to extend the duration of the overdraft facility until March 2015 was passed unanimously with 80 votes in favour.

Parliamentary approval for the extension was required under the Public Finance Act.

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Maldives to boycott Israeli products, annul bilateral agreements

The Government of Maldives has today announced the boycott of Israeli products and the annulment of bilateral agreements with the country.

“President Yameen and the Maldivian citizens are with the Palestinian people”, said Foreign Minister Dunya Maumoon at a press conference this afternoon.

Dunya also announced that the Maldives would join other Arab nations in co-sponsoring a resolution at this week’s special session of the UN Human Rights Council (HRC) calling for the protection of an independent Palestinian state and the extension of humanitarian aid.

As well as an admittedly “symbolic” boycott of Israeli products, three agreements – signed in 2009 under the administration of President Mohamed Nasheed – would now be annulled, explained the foreign minister.

The agreements involved cooperation in areas of health, culture and education, and tourism.

“I do not think Maldivians want any help from Israel or want to keep up relations with Israel. So from now on, the agreements have been annulled,” she said.

While she noted that neither that former President Maumoon Abdul Gayoom nor the current government believed in maintaining such relations, she stopped short of announcing the severing of diplomatic ties.

Criticising Nasheed for having established diplomatic relations with Israel, Dunya said that his current statements in support of the Palestinians could not now be accepted.

Addressing the UN General Assembly in 2009, Nasheed argued that renewed diplomatic relations with Israel would be used to reiterate the Maldives’ support for a two state solution.

Boycott

Acknowledging the impact of the Maldives’ boycott would be small, Dunya today noted that other small nations had done likewise with symbolic acts that had been appreciated by the Palestinian government.

“Even though what we give is small or symbolic, the way it is received is important. The message we want to give is we are with the Palestinian people,” said Dunya.

Explaining the boycott, Mohamed Hussain ‘Mundhu’ Shareef, minister at the President’s Office, said the government would soon announce a moratorium on the import of Israeli goods into the country after discussions with the Ministry of Economic Development and Maldives Customs Services.

While the government is calling on businessmen to join the boycott, it will still be possible for some Israeli products to enter the Maldives as the country does not check for the country of origin or manufacturers of imported products. Even so, the government will remove such products from shops in accordance with the Customs Act.

Shareef said that the Maldives may consider lifting the moratorium if the Israeli government’s violation of international resolutions stop.

Regarding other economic links, he noted that there were few tourists arriving in the Maldives from Israel and that there were no Israeli investments in the country.

“Israeli investment is not important for us. We want investments from countries with human rights practices that are acceptable to us,” said Shareef.

Israeli tourists – numbering 2,569 in 2013 – constituted 0.3 percent of total tourist arrivals. In June 2014, 254 Israeli tourists visited Maldives, a 72 percent increase from 12 months earlier.

Domestic pressure

At home, the government remains under pressure from both the opposition and civil society who have called for bolder action concerning the recent escalation of violence in Gaza.

After the opposition leader Nasheed called on human rights defenders to raise their voices against “indiscriminate killings in Gaza”, his Maldivian Democratic Party (MDP) held a rally on July 12 in Malé criticising the government’s initial silence.

On the same day, President Abdulla Yameen phoned Palestinian President Dr Mahmoud Abbas to condemn “Israel’s inhuman actions”, and pledged to do everything necessary in the international arena to aid Palestinians.

Days later, thousands of Maldivians from all sides of the political spectrum gathered across the country to rally in protest against the Israeli offensive.

Nasheed has since called on MDP members to take the initiative and go to Gaza in order to act as a “human shields” protecting Palestinians.

Those who organised the nationwide rally are currently circulating a petition to be submitted to the People’s Majlis calling for a resolution to be passed by MPs.

Speaking to Minivan News, a member of the group said that over 8000 signatures had been collected in just two evenings. Working alongside civil society organisations in the atolls and local councils, many more were expected.

A second online petition has also been launched calling on the government to use Maldives’ seat in the UN HRC to request an investigation into human rights violations in Israel and Palestine and to hold discussions to find a peaceful resolution to the conflict.

The religious conservative Adhaalath Party, along with 11 civil society organisations, had established a donation fund to assist Palestinians affected by the ongoing conflict.

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