Month: September 2014

Man found dead in Haa Alif Ihavandhoo

A 67-years-old man was found dead today on Ihavandhoo island in Haa Alif Atoll.

Abdullah Abubakr had been reported as missing yesterday evening (September 17).

Speaking to local news outlet Raajje.mv, Ihavanndhoo Atoll council member Abdullah Husain said that the man had been missing since 5pm yesterday.

“After an extensive search he was found inside a well at an abandoned house. He was already dead by the time we found him,” said Husain.

The man was found by his son at around 6:30am after a search coordinated by Ihavandoo police station and the island council.

Police said that they did not notice any physical harm to the body.

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High Court orders JSC to stop headhunt for High Court Judge

The Judicial Service Commission (JSC) has revealed that it has stopped its search for a High Court judge after receiving an order from High Court.

In an announcement released yesterday (August 17), the JSC said that it received the order on Monday (September 15) from the court instructing it to stop its headhunt until a decision is reached on the court case seeking the annulment of current selection regulations.

The final hearing of the case, submitted by lawyers Anas Abdusattar and Hassan Fiyaz, was completed on September 10. The lawyers claim that the regulations are in contradiction of Articles 17 and 20 of the Constitution.

Articles 17 and 20 concern non-discrimination and equality, respectively.

Nine people have applied for the post of High Court judge including judges from the Criminal Court, Family Court, and Civil Court.

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Potential of Islamic finance yet to be fully explored in Maldives, suggests MMA governor

The scope and potential of Islamic finance, insurance, and banking in the Maldives is “yet to be fully explored”, suggests Maldives Monetary Authority (MMA) Governor Dr Azeema Adam.

Speaking at the opening ceremony of the first ‘Maldives Islamic Banking and Finance Industry Conference’ yesterday, Dr Azeema said Islamic finance “provides a springboard” to generate innovative ideas to cater to the financing needs of the domestic economy.

“The phenomenal growth of Islamic insurance and Islamic banking in the Maldives in the last few years suggest that there is still significant market to capture,” the central bank’s governor said in her keynote address at the conference.

“There is a need for financial institutions in the Maldives to strive to reach to every corner of the Maldives; every island in the country. There is a need to provide banking services to the unbanked,” said Azeema.

Islamic banking and capital market services were introduced in the Maldives in 2011, with the opening of the Maldives Islamic Bank (MIB).

Providing banking services to all inhabited islands “might not always be profitable,” Azeema continued, requiring innovation within the Maldivian financial sector.

“Financial products in the Maldives need to transcend the oceans and reach each and every person in the country, including those in the most isolated and remote islands.”

To support the growth of Islamic finance, Azeema recommended development of a “comprehensive legal and regulatory framework specific to Islamic finance”.

The MMA has formed a ‘Shariah Advisory Council’ to ensure Shariah compliance, she continued, while legislation on Islamic banking and Takaful has been drafted.

The governor expressed hope that laws on the “two key components of Islamic finance” could be enacted before the end of the year.

“Viable alternative”

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

Conventional insurance is also prohibited in Islam because of forbidden elements such as riba.

Azeema observed that from a modest beginning in the 1970s Islamic finance was now a global industry with a total asset value of US$2 trillion.

“At its current pace, the growth in Islamic finance stands sharply ahead of conventional finance which experienced significant de-leveraging and slowdown in the wake of the global financial crisis,” she noted.

“One of the reasons for the phenomenal growth of Islamic finance is the perception that it is more ethical, compared to conventional finance, which is traditionally viewed as predatory when needed.”

While the industry represented a niche market for Muslims, Azeema said it has since “transformed to a viable alternative for consumers of convention finance, irrespective of their religious beliefs.”

“The basic tenets of Islamic finance, like the idea of sharing profits and losses, investments only in ethically permissible areas, and the inseparable link of finance with real and productive economic activities, are understandably appealing to all,” she explained.

“It is this humane face that is required to encourage and reward those Maldivians who work hard. The individual and self-employed entrepreneurs who needs a financier to realise their dreams; the creative youth who need a bank to fund their ideas; the small and medium enterprises who need access to easy financing; and the large enterprises who need a wide range of investment and financial products.”

In addition to its ability to cater to the diverse groups in the Maldivian economy, Adam suggested Islamic finance could “bring about a more equitable society; a responsible and hardworking society; a society where individual creativity and free enterprise thrive.”

“Long journey”

The governor suggested that competition among financial products could help correct “market failures” and was welcome in the Maldives.

Islamic finance could also be “a reliable alternative source of funding” for investors, she added.

The introduction of Islamic finance has been “a long journey,” Azeema said.

While Amana Takaful started selling insurance in 2003, the Maldives Islamic Bank commenced operations in March 2011.

“The strong mobilisation of deposits that followed the commencement of MIB confirmed the latent demand for Islamic finance and the need for an institution offering Islamic financial services,” she observed.

Since 2011, she noted, housing finance based on Shariah principles have been made available while Allied Insurance was offering takaful products through their window named Ayady Takaful.

The Bank of Maldives has meanwhile been given approval to establish an Islamic banking window, she added.

“The development of an Islamic Capital Market has also been initiated with one listed Shari’ah compliant equity,” she said.

In March, Deputy Islamic Minister Dr Aishath Muneeza said that, in addition to the introduction of Islamic fund management this year, the government planned to “introduce an Islamic finance centre that will not only provide offshore Islamic financial services, but this centre will act as the Islamic finance hub for the whole South Asia region.”

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Malé City Council holds first public consultation

Malé City Council held a meeting with the general public last night (September 17) to discuss its progress over the last six months.

The meeting, which was the first of its kind, consisted of a presentation from the council detailing the many projects undertaken followed by a general question and answer session during which the public was allowed to raise any concerns they had about the council and to voice their opinion on different issues.

Speaking at the meeting, Mayor Mohamed Shihab said that the main difficulty faced by the council at the moment is obtaining the resources required to manage the rapidly expanding city.

“The official population of this city is sixty thousand. With the census happening next week we will be able to get the new figure which is estimated to be around two hundred thousand.”

The meeting concluded with the council promising to hold many meetings of the like in the future.

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Fisheries minister urges others to follow Maldives in banning shark fishing

Fisheries Minister Dr Mohamed Shainee has urged participants of a one-day international workshop on ‘Conservation and Management of Shark Fisheries in Pakistan’ to follow in the footsteps of the Maldives and ban shark fishing.

Shainee inaugurated the conference at the Marriot Hotel in Karachi on Monday (September 15), which was organised by the World Wide Fund for Nature-Pakistan (WWF-Pakistan) in collaboration with the Marine Fisheries Department of Pakistan.

“Shark fishing is completely banned in the Maldives in order to recover the declining population of sharks due to uncontrolled fishing methods,” Shainee was quoted as saying by the Express Tribune.

Shainee reportedly advised formulation of a ‘National Plan of Action’ regarding conservation and management of sharks in Pakistan.

According to Muhammad Moazzam Khan – former director-general of Marine Fisheries Department and WWF-Pakistan technical advisor – export of shark fins and meat from Pakistan declined from 50,000 tonnes in 1980 to 5,000 tonnes at present due to the decrease in shark population.

“Khan said that there are 144 shark species in Pakistan, adding that a few of them are endemic but their status is unknown. He said that the biology of about 35 species is regularly studied and there is an immediate need to declare at least some of the area as a shark sanctuary along the coast,” the Tribune reported.

“Hussain Sinan, of the Maldives Fisheries and Agriculture Ministry, discussed the ban on shark fishing in the Maldives and its impact on tourism. He claimed that shark population is increasing due to the ban in his country, adding that the same needs to be done in Pakistan.”

In 2012, the Maldives government assisted in a programme designed to retrain former shark fishermen in marine farming and aquaculture.

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President Yameen to attend International Conference of Asian Political Parties

President Abdulla Yameen is due to depart to Colombo, Sri Lanka today to attend the 8th General Assembly of the International Conference of Asian Political Parties (ICAPP) at the invitation of President Mahinda Rajapaksa.

“The General Assembly is scheduled to be held at the Nelum Pokuna Mahinda Rajapaksa Theatre, on Thursday, 19th September 2014,” explained the President’s Office in a statement.

“Following his visit to Sri Lanka, President Yameen will make an official visit to Singapore, at the invitation of Singaporean Prime Minister, Lee Hsien Loong. During his visit, the President will meet with the Prime Minister.”

President Yameen would be accompanied by Minister at the President’s Office Mohamed Hussain Shareef, and Minister of Tourism Ahmed Adeeb Abdul Ghafoor during his visits to Sri Lanka and Singapore.

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Maldives slams Human Rights Council critics after death penalty remarks

The Maldives has accused critics in the UN Human Rights Council of making statements “rooted on misrepresentation and media speculation”.

The response followed comments made by the Swiss delegation criticising the Maldives for its decision to allow the death penalty for minors.

“Switzerland condemns the recent decision of the Maldives Government to amend its legislation to permit the death penalty for children as young as 7 years old – this is a grave contravention of international law,” said the Swiss during yesterday’s session.

The Maldives has this year amended regulations regarding the death penalty as well as introducing a new Penal Code. Combined, the rules allow for the sentencing of a minor to death, though execution cannot be carried out until the offender is 18-years-old.

Using its right of reply, the Maldives pointed out that its new Penal Code – passed in April – granted the “immaturity excuse” to all those under the age of 15.

“The Maldives once again would like to state on record that this Council is mandated to do serious work and it is appalling that statements made here are rooted on misrepresentation and media speculation,” said the Maldivian delegation.

After announcing plans to end the 60 year moratorium on the death penalty in January, new regulations were finalised in April, enabling the state to carry out execution by lethal injection.

Legal sources have told Minivan News that, while the new Penal Code does include the “immaturity excuse” – removing criminal responsibility from those under 15, Article 15c still allows for minors to be held accountable for hadd offences.

The Maldives legal system follows a combination of common law and Islamic Sharia, with homicide considered a hadd offence warranting a sentence of death.

Informing the Human Rights Council of the new Penal Code, the Maldives delegation called it “a hallmark piece of legislation that is intended to modernise the criminal justice system of the Maldives and to bring it on a par with international best standards.”

In response to the Swiss remarks made during the general debate section yesterday’s session, the Maldives noted that it “holds the worlds longest moratorium on the death penalty”.

However, the government’s decision to end the unofficial moratorium on the practice has been met with global condemnation, with both the EU and the Office of the UN High Commissioner for Human Rights urging reconsideration of the decision.

“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 Ravina Shamdasani, spokesperson for the OHCHR.

Meanwhile, Amnesty International has called such moves a “retrograde step and a serious setback for human rights in the country”.

Following a wave of attacks in the country last month, resulting in three deaths, the Ministry of Home Affairs reiterated that it would not hesitate to implement the death penalty.

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GMR surprised with decision to give airport development to Chinese firm

Indian infrastructure company GMR has told media of its surprise that the development of Ibrahim Nasir International Airport (INIA) has been given to a Chinese firm.

“Sources in the GMR expressed surprise at the move by the Maldives government as it has entered in a new contract for construction work at airport without paying damages as suggested by the tribunal,” wrote the Economic Times today.

The preliminary contract agreement for the development of the airport was one of eight MoUs signed between the Chinese and Maldivian governments during the recent presidential visit by the Chinese President Xi Jinpeng.

The terms of the agreements have not yet been released to the media, though it was revealed that the new contract to develop the airport was given to Beijing Urban Construction Company Limited.

President Xi’s visit to the Maldives – part of his South Asia – tour was reported to have added to Indian concerns regarding Chinese ambitions in the region.

India’s GMR recently won the arbitration case filed against the Maldivian government claiming compensation for the premature termination of its airport development agreement made in 2012 during former President Mohamed Nasheed’s administration.

The company’s significant development plans included the construction of a new terminal and investment plans in excess of US$500 million.

The two phase arbitration case will now focus on determining the compensation owed by the government, with GMR claiming US$1.4 billion, a figure which amounts to around half the Maldives’ Gross Domestic Product (GDP).

Arbitration relations

Speaking about the arbitration case, Attorney General (AG) Mohamed Anil said that the compensation has been limited by a clause inserted during the original agreement, suggesting that the amount will not go up to the full amount being claimed.

Tourism Minister Ahmed Adeeb has since assured that the government has the capacity to pay the compensation.

“Our economy will grow with the special economic zone bill, and our government will become rich, we will overcome our budget deficit and god willing we will be able to pay any amount we have to,” he said shortly after the ruling in June.

GMR initiated the tribunal at a Singaporean Court after former President Dr Mohamed Waheed’s administration concluded that the GMR contract was void, giving the company seven days to leave the airport.

Speaking at a press conference, then AG Azima Shukoor stated that the decision to terminate the contract was reached after considering “technical, financial and economic” issues surrounding the agreement.

In response, GMR released a statement saying that the cabinet’s decision was “unilateral and completely irrational.”

The GMR case also appeared to prompt a cooling in diplomatic relations between India and the Maldives, with India tightening visa regulations for Maldivian travelers claiming that that decision had been made to draw attention to the treatment of expatriate workers within the Maldives.

While relations have improved during the presidency of Abdulla Yameen, Indian officials were reported to have expressed concern over President Xi’s visit this week – the first by a Chinese head of state to the Maldives.

“We’ve been off the ball a bit on the Maldives, and things are tricky again,” an official told the Telegraph. “The Chinese President’s visit to the Maldives is emblematic of that simmering unease.”

During his visit President Xi urged the Maldives to become part of his 21st century maritime silk road project, as well as signing an MoU for the promotion of a bridge between Malé and Hulhulé islands. Xi expressed his hope that the bridge would be named the ‘China-Maldives Friendship Bridge’

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Police used excessive force against demonstrators, says HRCM in UPR report

Police used disproportionate force against demonstrators during street protests in the aftermath of the transfer of power in February 2012, states the Human Rights Commission of Maldives’ (HRCM) Universal Period Review (UPR) report.

“HRCM observed during dispersal of demonstrations [Maldives Police Service] used disproportionate force which was at times discriminatory towards political parties, excessive and disproportionate use of pepper spray at protestors, inconsistency in issuing warnings before dispersal and obstruction of media,” reads the report.

“It was evident that some demonstrators were subjected to torture at the time of arrest.”

In June 2012, the Maldives Police Service (MPS) denied allegations of police brutality by Amnesty International, which had condemned the “excessive use of force” against demonstrators.

Amnesty’s statement followed its investigation of a police crackdown on a Maldivian Democratic Party (MDP) protest against the dismantling of the opposition party’s Usfasgandu protest camp on May 29 – a crackdown which included “beatings, pepper-spraying, and arrests”.

“Those attacked include peaceful demonstrators, members of parliament, journalists and bystanders,” said Amnesty.

The HRCM meanwhile recommended “action against officers who violate the laws, eliminating room for impunity.”

Last month, Attorney General Mohamed Anil told parliament that five police brutality cases from February 2012 were ongoing at court.

While it had concluded that the transfer of presidential power was constitutional, the Commonwealth-backed Commission of National Inquiry had found that “there were acts of police brutality on 6, 7 and 8 February 2012 that must be investigated and pursued further by the relevant authorities.”

Anil explained that the Police Integrity Commission (PIC) had investigated 45 cases of alleged police brutality and made a recommendation to the home ministry to dismiss six police officers.

After the ministry instructed police to take disciplinary action against the officers, the police disciplinary board sacked one officer.

However, the disciplinary board decided there was insufficient evidence to prove wrongdoing by the other five officers and decided not to dismiss them pending the outcome of a trial.

On February 8, 2012, thousands of MDP supporters took to the streets of Malé in a protest march after former President Mohamed Nasheed declared his resignation the previous day had come “under duress” in a “coup d’etat” instigated by mutinying police officers of the Special Operations (SO).

Following an investigation, the HRCM concluded that the heavy-handed police crackdown on the MDP walk was “brutal” and “without warning.”

Torture and prisons

The HRCM revealed in the UPR report that a total of 304 torture allegations were filed at the commission, “of which 74 allegations have been investigated from 2010 to July 2014.”

“However, none of these cases were sent to prosecution due to lack of enough evidence to prove them in a court of law,” the report stated.

On pressing issues concerning the prison system, the report highlighted “the lack of categorisation, unavailability of rehabilitation and reintegration programs, unnecessary strip‐search and disproportionate disciplinary measures towards male prisoners and minors.”

“In custodials, issue of overcrowding, handcuffing for indefinite periods, extended detention for investigation purposes and failure to collate data in a systematic way are areas suggested for improvement over the years,” the report noted.

“In the only psychiatric institution of state, despite continuous recommendations for change, geriatric patients and patients enduring mental illnesses and [persons with disabilities] are accommodated without proper categorisation. Institution for children under state care is heavily under‐staffed. Inappropriate disciplinary measures against children under de facto detention persist in most institutions sheltering juveniles.”

Gang violence and juvenile justice

The HRCM also noted that gang violence and murders “increased at an alarming rate” in recent years.

“A study shows that many of these gang related violence are linked to politicians or business persons who pay gangs to carry out violent acts. Yet, state has been unsuccessful in effectively addressing this issue. So far 21 murder cases were recorded since 2010, most of which were gang related,” the report explained.

The reasons why youth join gangs include the “search of identity and protection” and unemployment, the report noted.

“With criminal records or inability to exit gang life makes it difficult for youth to find employment, rehabilitation opportunities and remain stigmatised by society,” the report stated.

“Although, human resource, rehabilitation and support programs remain limited for proper functioning of a juvenile justice system; the lack of political will along with resource constraints impacts addressing these issues.”

Referring to new regulations on enforcing death penalty, which allow minors convicted of murder to be executed once they turn 18, the HRCM called on the state to “abolish death penalty for minors.”

“The age of criminal responsibility is 15 years and minors can be held for hadd offence,” the report explained.

“Bills such as Criminal Procedure Code, Evidence Bill and Witness Protection needs to be enacted and state is yet to establish an independent forensic institution to provide accurate information to make an impartial decision on matters concerning administration of death penalty.”
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