Day: December 18, 2014

Transparency Maldives launches Majlis-civil society ‘Dialogue Group’

Transparency Maldives (TM) has launched a Dialogue Group between members of parliament and civil society organisations, aimed at increasing public participation in decision making.

In a press release to mark the first meeting today, TM noted that the group has been established “to foster a culture of openness and transparency in the Parliament”.

Recent decisions in the Majlis regarding the reappointment of the prosecutor general and the removal of two Supreme Court judges this week prompted the anti-corruption NGO to express “grave concerns” about undemocratic trends in the country.

The Dialogue Group – which comprised three Majlis members and seven civil society groups – also discussed signing an MoU to clarify the group’s mandate and show commitment to further engagement.

Representing the Majlis in today’s meeting were Maldivian Democratic Party MP Imthiyaz Fahmy, Adhaalath MP Anara Naeem, and Jumhooree Party MP Ali Hussain.

Civil society was meanwhile represented by TM, the Society for Health Education (SHE), the Care Society, the Islamic Foundation, Advocating the Rights of Children (ARC), and Hope for Women, as well as a group from Hirilandhoo in Thaa Atoll.

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ICJ says Majlis has “decapitated the country’s judiciary”

The International Commission of Jurists (ICJ) has called this week’s removal of two Supreme Court judges an assault on the independence of the judiciary.

“The Maldivian parliament and executive have effectively decapitated the country’s judiciary and trampled on the fundamental principles of the rule of law and separation of powers in a democratic State,” said Sam Zarifi, ICJ’s Director for Asia and the Pacific.

Zarifi went on to call for the reinstatement of Chief Justice Ahmed Faiz and Justice Muthasim Adnan, labelling their removal by the People’s Majlis “astonishingly arbitrary”.

The two judges were removed following amendments to the Judicature Act passed last week, requiring a reduction of judges on the Supreme Court bench from seven to five.

After the Majlis approved the changes, the Judicial Services Commission (JSC) recommended the following day (December 11) that Faiz and Adnan be removed. The reasons for the decision have yet to be made known to either the public or the Majlis, which nevertheless voted to remove the judges on Sunday (December 14).

Article 154 of the 2008 Constitution says a judge can only be removed if the JSC finds them guilty of gross incompetence or misconduct.

Established in 1952, the ICJ is formed of 60 judges from around the world who utilise their legal expertise to develop and strengthen national and international justice systems.

“The superficial legislative and administrative maneuvers used to get rid of them [the judges] were grossly unfair and in flagrant violation of the Maldivian Constitution, UN and Commonwealth standards on independence of the judiciary, and the obligations of the Maldives under international law,” read today’s ICJ statement.

Both the Civil Court and private lawyers have unsuccessfully attempted to block the judges’ removal, with the Civil Court saying that the “unconstitutional” decision had the potential to “destroy judicial independence” in the Maldives.

While the Supreme Court ordered that the Civil Court hand over any files related to the opposition Maldivian Democratic Party’s complaint, the High Court has told private lawyers that it does not have the jurisdiction to rule on the matter.

Meanwhile, Commonwealth institutions have released a statement saying that judicial independence and the rule of law had been “severely jeopardised” by the decision.

Locally, the Maldivian Democracy Network has called the decision “a travesty in the guise of upholding the Constitution”, while Transparency Maldives also expressed concern:

“The impartiality and independence of the Supreme Court is not solely decided by the number of Supreme Court Justices but rather by the upholding of judicial integrity and principles,” said the anti-corruption NGO.

Immediately following his dismissal, Faiz – previously a stern critic of international commentators on judicial reform – said the move raises doubts over the separation of powers and the continuation of judicial independence in the Maldives.

“Today will be written down as a black day in the constitutional history of the Maldives. I state this is a black day for the constitution. Taking such a vote against the constitution is, I believe, disrespectful to the constitution,” he told local media.

The ruling coalition maintains the amendments – which include the breaking up of the High Court into regional bodies – will strengthen the judiciary and facilitate judicial reform.


Related to this story

Majlis removes Chief Justice Ahmed Faiz, Justice Muthasim Adnan from Supreme Court

Judicial independence, rule of law “severely jeopardised” in the Maldives, says Commonwealth organisations

Civil Court condemns move to dismiss Chief Justice Faiz and Justice Adnan

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MDP calls on six MPs absent from Supreme Court vote to answer disciplinary charges

The opposition Maldivian Democratic Party’s (MDP) disciplinary committee has ordered the six MPs who violated the party’s three whip-line against dismissing two Supreme Court judges to answer to charges on Friday evening (December 19).

The party’s national council on Monday asked the committee to take disciplinary action against Vaikaradhoo MP Mohamed Nazim, Velidhoo MP Abdulla Yamin Rasheed, Mulaku MP Ibrahim Naseer, Felidhoo MP Ahmed Marzooq, Kurendhoo MP Abdul Bari Abdulla, and Hulhuhenveiru MP Reeko Moosa Manik within seven days.

Disciplinary committee Chair Mohamed Shifaz said the committee would only decide on penalties after reviewing why the six MPs failed to turn up for the vote.

The MDP’s parliamentary group had issued a three-line whip ordering all 23 MPs to be present at the Majlis to vote against dismissing former Chief Justice Ahmed Faiz and former Justice Muthasim Adnan.

The two judges were removed with 53 votes at an extraordinary sitting on Sunday (December 14). Four Jumhooree Party (JP) MPs and 17 MDP MPs opposed the vote.

Bribed?

Opposition leader and former President Mohamed Nasheed has suggested MPs may have been bribed. Reliable sources told Minivan News that opposition MPs were offered MVR2.5 million (US$162,000) each to be absent from the Majlis during the vote.

MP Yamin has since apologised for his absence on Twitter, saying he had left the country for Thailand before the vote was scheduled.

The MDP secretariat, however, said Yameen had initially promised to make arrangements to be present for the vote, but later said he had not been able to get a seat on the flight.

The Judicature Act amendments which reduced the seven-member Supreme Court bench to five judges, and subsequently resulted in Faiz and Muthasim’s dismissal, was first proposed by MDP MP Ibrahim ‘Mavota’ Shareef.

The MDP immediately rejected the proposal, and Shareef voted with the party line against both the amendments and the dismissal of Faiz and Muthasim.

MDP members have urged the party to penalise Shareef for proposing the bill, but the disciplinary committee said it has not received a complaint requesting action on the matter.

Shareef was expelled from the MDP in 2007 on allegations of sexual harassment. He went on to join the Dhivehi Rayyithunge Party (DRP) before rejoining the MDP in 2013 when the DRP decided to back Nasheed during November’s presidential polls.

Reeko Moosa Manik – who has also declared he would contest MDP’s 2018 presidential primaries – said the MDP must first take action against the national council members who voted for a previous MDP resolution to help JP Leader Gasim Ibrahim assume the presidency.

Speaking to Haveeru, Moosa said he would accept any disciplinary action taken against him “with respect” but said the party must treat all members equally.

History of disciplinary action

In January, the MDP’s disciplinary committee suspended MPs of the former Majlis Zahir Adam and Abdulla Abdul Raheem for three months for contravening a three-whip line against approving President Abdulla Yameen’s cabinet.

Four other MPs who breached the whip – MPs Mohamed Rasheed, Ahmed Rasheed, Abdulla Jabir, Ali Riza, and Ahmed Easa – were also penalised. Easa later told Minivan News that his vote in favour of tourism minister Ahmed Adeeb had been the biggest mistake of his political career.

Riza was reprimanded and asked to issue an apology by January 30, and the party decided not to take any action against Easa, stating that his actions on December 30 only constituted a first offense.

Mohamed Rasheed and Ahmed Rasheed, who had left the party at the time, were told that if they intended to rejoin MDP, they must apologise to the party’s membership and submit 50 new membership forms each.

Jabir was stripped of his position as deputy parliamentary group leader, while the party retracted his ticket for the Kaashidhoo constituency and asked him to issue a public apology.

The party’s appeals committee later re-awarded Jabir the MDP ticket claiming the the disciplinary committee could only issue a warning, levy a fine, and suspend or revoke party membership. It could not revoke a party ticket, the ruling said.


Related to this story

MDP votes to discipline MPs absent from Supreme Court vote

Abdulla Saeed appointed as new Chief Justice, dismissed Justice Faiz laments “black day”

MDP suspends MPs Zahir and Abdul Raheem

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President Yameen appeals for volunteers to tackle gang, domestic violence

President Abdulla Yameen has called on the Maldivian Red Crescent (MRC) and youth volunteers to take the initiative in tackling violence against women and gang violence.

Speaking at a function held by MRC at Dharubaaruge last night to mark the International Day of Volunteers, President Yameen said the country would be “eternally grateful” to volunteers if the two “serious issues” were solved through their efforts.

“Volunteers must step forward, youth leaders should be formed amongst us, to advocate, raise voices, and put a stop to things,” he said.

Maldivian youth should be led away from violent assault and activities of criminal gangs through preventive efforts, he added.

As no family member would wish for a young man to be “brutally murdered,” Yameen said the “viciousness” in Maldivian society should be eradicated.

Similarly, no family member would wish for any harm to come to their mothers, daughters, and sisters, he said.

Yameen suggested that advocacy, awareness raising and an “education process” was needed to stop violence against women.

He urged the MRC and volunteers to assume a role in tackling the two issues.

Earlier this month, a 28-year-old man stabbed to death in Malé became the fifth murder victim during the year.

At a rally held last month to celebrate the current administration’s first year in office, President Yameen pledged to crack down on violent crime and implement the death penalty.

“We have peace and order in Malé and all regions of Maldives. We have peace. However, this is not to say that isolated and significant dangerous crimes do not occur,” he said.

President’s Office Spokesman Ibrahim Muaz assured local media today (December 18) that the government would not hesitate to implement the death penalty, once those sentenced to death had exhausted all of their legal appeals.

Earlier this week, President Yameen welcomed restrictions on the constitutional right to remain silent and right to retain a lawyer for suspects arrested for violent assault.

President Yameen meanwhile went on to quote Hubert Humphrey on volunteerism.

“The moral test of a society is on how that society treats those who are in the dawn of life, that is children, those who are in the twilight of life, those are the elderly, and those who are in the shadows of life, and those are the sick, the needy, and the handicapped,” he said.

Yameen observed that the Maldives led other countries in the region in volunteerism in terms of man hours, noting that the majority of volunteers were youth.
Yameen also praised the MRC’s key role in relief efforts during the recent water supply crisis in the capital.

At last night’s event, President Yameen presented commemorative plaques and certificates to exemplary volunteers from each branch of the MRC, five exemplary national volunteers of the year, and the most proactive volunteer of the year.

Established in 2009, the MRC was recognised by the International Committee of the Red Cross as the 187th National Society of the International Red Cross and Red Crescent Movement in November 2011.

The MRC’s Strategic Plan for 2011–2015 encompasses disaster management, health and social care, youth, and institutional development as its main strategic objectives.


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Domestic violence accepted and justified in the Maldives, says report

Government uses gangs for its ends, alleges former President Nashed

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MACL chief says airport dependent on foreign workers

The managing director of the Maldives Airports Company Ltd (MACL) has told a Majlis committee that difficulties with local staff have resulted in a dependence on foreign employees, and even military assistance, to keep the airport running.

Bandhu Ibrahim Saleem told the government oversight committee yesterday that over 500 employees were currently on leave, and that 199 had been dismissed, reported Haveeru.

Progressive Party of Maldives MPs had called Saleem to the committee, suggesting that the company had ignored requests for further information regarding the replacement of Maldivian staff with foreigners.

“We loaded and unloaded cargo three times with assistance of army personnel. I don’t think any of you know this. Our employee attendance is low. The process of letting go an employee, so complicated. The foreigners are there to bridge all this,” explained Saleem.

He noted that Maldivians were difficult to recruit, and were often unwilling to carry out the work required.

“Maldives yellowfin tuna export now stand between 20-25 tons per day. These are packed in one ton containers. The youth of today don’t want to load and unload those containers. They will not do it,” he is reported to have told the committee.

“Now when you get older, you can’t do it at 40. Therefore we are forced to bring in people from Nepal,” he said.

The MD said that 3000 passengers and 500 tonnes of cargo were passing through the airport every day.

Additionally, MACL Human Resource Manager Ali Huzeim is reported to have told the committee that foreigners were significantly cheaper and more efficient than local staff.

Source: Haveeru

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Judicial independence still an issue in Maldives, says US assistant secretary of state

US Assistant Secretary of State Nisha Biswal has said that judicial independence and politically-motivated threats remain an issue in the Maldives, despite the young democracy’s accomplishments.

“The United States remains committed to supporting Maldives as it works to consolidate the independence of its core governing institutions and establish democratic norms that respond to the will of its people,” said Biswal.

The assistant secretary of state for south and central asian affairs released a statement following her visit to Malé, during which she met with President Abdulla Yameen, senior cabinet members and civil society groups.

Biswal’s visit came soon after the controversial removal of two Supreme Court judges earlier this week, with numerous MPs reporting personal threats and physical assault in the hours preceding the Majlis vote.

Commonwealth groups have since expressed concern that the sudden removal of former Chief Justice Ahmed Faiz and Justice Muthasim Adnan has “severely jeopardised” the independence of the Maldives judiciary and the rule of law.

The US has previously been critical of the Maldives judiciary, noting that it was “not independent and impartial and was subject to influence and corruption” in the State Department’s 2013 human rights report.

The report also described “charges of Supreme Court interference to subvert the presidential elections process,” as among the most significant human rights problems in the Maldives.

Biswal yesterday noted that the Maldives has proven itself to be an “able partner”, with “great potential to serve as a model of a democratic and tolerant Muslim society that can have enormous influence on countries around the world.”

“We look forward to continuing cooperative efforts to address the great challenges of our time –from mitigating the effects of global climate change, to combating piracy, to countering the rise of extremist ideologies,” read the statement yesterday.

An additional report on terrorism from the State Department in May this year reported the Maldives Monetary Authority (MMA) as saying that funds were being raised in the country to support terrorism abroad. The suggestions were subsequently denied by the MMA.

The Maldives’ leadership positions at the UN Human Rights Council and its recent appointment as chair of the Alliance of Small Island States was also noted in Biswal’s statement.

Trade and investment

The assistant secretary welcomed the broadening and deepening of trade with the US in the wake of the first bilateral trade talks in October – five years after the initial Trade and Investment Framework Agreement (TIFA) was agreed.

Despite this delay, total trade between the two countries has more than doubled between 2009 and 2013, though US tourists visiting the Maldives represented less than 2 percent of the market share last year.

2013 saw US private equity firm Blackstone acquire both the Maldives’ major seaplane operators for an undisclosed sum, as well as the introduction of the US designed PISCES border control system.

The PISCES system was utilised in the controversial arrest of alleged Russian hacker Roman Seleznyov by US security personnel while in the Maldives in July. Seleznyov was subsequently transported to the US via Guam where he awaits trial.

US engagement with the Maldives has traditionally concerned foreign assistance to enhance maritime security, counter terrorism, and counter narcotics cooperation with Maldivian security forces.

Rumours of a Status of Forces Agreement – opening up the possibility of US forces being stationed in the Maldives – surfaced in 2013, before the newly elected President Yameen announced that any such deal would be likely to damage relations with neighbouring countries.

The US has also pledged to help the Maldives adapt to the negative effects of global climate change, pledging US$7.2 million (MVR111 million) for a adaptation projects last year.

Assistant Secretary of State Biswal reiterated the US’s commitment to enhancing the Maldives’ resiliency and crisis-response capabilities, praising the government and the public for their response to the recent Malé water crisis.

“The United States will continue to work with the government of Maldives on long-term water production and distribution assessments, and to develop rain-water catchment and desalinization projects to ensure supply of clean drinking water,” said Biswal.


Related to this story


Majlis removes Chief Justice Ahmed Faiz, Justice Muthasim Adnan from Supreme Court

Corruption, religious freedom, and judiciary biggest human rights problems in Maldives, say US report


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Malé City Council helpless as housing ministry takes over all land, public services staff

The housing ministry has taken control of 13 plots of land belonging to the opposition dominated Malé City Council, and transferred the majority of the council’s public services division staff to the ministry.

According to a housing ministry announcement, all of Malé City’s streets, the Artificial Beach area, Plot 211, Usfasgandu, the T-Jetty area, Dharubaaruge Convention Center, Sultan Park, Maafannu round-about, Adi Park, Alimas Carnival, Fishermen’s Park and all other parks now belong to the ministry.

Any individual wishing to make use of these lands must now seek permits from the ministry. The State Electric Company (STELCO) and Maldives Police Services would not provide services for any events unless a housing ministry permit is obtained, the announcement said.

The move continues a steady removal of powers from the council, in what has been characterised by its officials as an attempt to destroy decentralisation in the country.

Malé City Mayor Mohamed Shihab has condemned the government’s systematic abrogation of the council’s powers and said it constituted a breach of the powers afforded to the council under the Constitution and the Decentralisation Act.

“We are now only in charge of facilitating construction in Malé, issuing death and birth certificates and cleaning mosques. But the constitution clearly states the Maldives must be administered through decentralised councils,” he said.

The government must respect Maldivian laws to attain development, he contended.

“The powerful are now abusing their powers in the Maldives. This is very sad. Ultimately, it is the ordinary Maldivian citizen who will suffer the most. Investors will not invest here. No one knows what will happen tomorrow or the day after. We have to uphold the law if we want to develop at the same levels as developing countries,” he said.

Deputy Mayor Shifa Mohamed said the council has challenged the transfer of council staff to the housing ministry at the Civil Court.

In addition to transferring council staff, the ministry had also illegally taken over the council’s assets, including dustbins and trees for a greening programme, in the public services section, she said.

Shifa has described the government’s actions as a plot “to destroy decentralization”.

On November 26, the council declared it was close to shut-down after the Maldives Police Services confiscated documents and computer systems at the Malé City Council offices under a court warrant on allegations of corruption.

The warrant, signed by the Criminal Court Chief Judge Abdulla Mohamed, said that “some council staff had shared and gained unlawful advantages from some PDF files sent to the council by Maldives Land and Survey Authority.”

The survey authority and the land registration project fall under the authority of the Ministry of Housing and Infrastructure.

The council has denied receiving such files, stating that any surveys on Malé lands would have originated from the council.

The cabinet in early November announced it had removed the council’s jurisdiction over the city’s roads after disagreements over the replanting of vandalised trees.

Opposition leader and former President Mohamed Nasheed has said the trees were uprooted by masked policemen. Police have dismissed the claims.

Local media have since reported that the ruling Progressive Party of the Maldives believes the trees were being used to curse President Abdulla Yameen.

The roads are now under the control of the housing ministry and the Maldives Road Development Corporation (MRDC) which has started cleaning the drains, bringing some alleviation to persistent flooding.

The government had suggested that the council had failed to adequately maintain both Dharubaaruge Convention Center and the roads of the capital, though the council has maintained that state funds allocated for the work was not released by the finance ministry.

The government in October also scrapped an agreement made with India–based Tatva Global Renewable Energy to provide waste management services in the capital Malé and nearby areas.


Related to this story

Malé City Council close to shut-down after police confiscate documents and server system

Newly planted areca palms uprooted on housing ministry orders

Government terminates Tatva waste management deal

Can decentralisation take root in the Maldives?

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Funds for water crisis relief continue to pour in

The Government of Malaysia has pledged US$200,000 to the ‘Malé Water Crisis Management Fund’, while Japan is also reported to have given MVR13.9 million (US$903,000) to the Malé Water and Sewerage Company (MWSC).

The Maldives Ministry of Foreign Affairs has announced the Malaysian contribution via Twitter.

The government hopes to raise US$20 million to protect against future incidents, though the opposition and civil society groups have raised questions over the transparency of the fund.

China has already donated US$500,000 to the fund, while an anonymous Saudi donor immediately pledged US$1 million during the crisis, which left 130,000 residents of Malé without running water for seven days this month.

From within the Maldives, Universal Chairman Mohamed Umar Manik, Champa Brothers, Trans Maldivian Airways, and the Maldives Tourism Development Corporation have all donated US$100,000, while telecoms company Ooredoo has donated US$200,000.

Haveeru has reported that Japan has gifted the MVR13.9 million to fully repair the damage caused by the December 4 fire, though it is not yet clear whether the money has been given to the government’s fund or directly to the state-owned MWSC.

“Japan hopes that because of its donation, the residents of Malé City will have continuous access to clean drinking water,” Haveeru quoted a Japanese statement as saying.

Additionally, US Assistant Secretary of State Nisha Biswal has this week said the US intends to work with the Maldives on “long-term water production and distribution assessments” and to develop rain-water catchment and desalinisation projects to ensure clean drinking water.

Relief efforts included the arrival of fresh water supplies in multiple Indian military aircraft as well as passenger aircraft from China and Sri Lanka. Additionally, India sent two naval vessels, with China and Bangladesh also sending ships.

Both the UN in Maldives and the Human Rights Commission of Maldives praised domestic relief efforts during the crisis, which were led by the Maldives National Defence Force, alongside volunteers from the Maldives Red Crescent, who distributed free water throughout the capital.

Singapore provided technical assistance in repairing the damaged panels in the MWSC’s desalination plant.

Malaysia was among the countries thanked by Minister of Foreign Affairs Dunya Maumoon earlier this week.

“The people and the Government of Maldives are heartened by the strong show of solidarity and humbled by the generosity of our friends,” wrote Dunya.


Related to this story

Government seeks US$20 million in donations to repair Malé’s desalination plant

Both Transparency Maldives and MDP call for greater transparency in water crisis fund

Water distribution to stop as Malé water crisis nears end

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