Day: April 7, 2015

Amal Clooney and other heavyweights to represent jailed ex President Nasheed

Jailed opposition leader Mohamed Nasheed has unveiled an international legal team including heavyweight human rights lawyers such as Amal Clooney.

Clooney, who has advised the UN and is the wife of Hollywood actor George Clooney, is accompanied by Jared Genser, the founder of the renowned campaign group for political prisoners Freedom Now, and Ben Emmerson, former UN rights chief on counter-terrorism and human rights.

Nasheed was sentenced to 13 years in jail last month on terrorism charges in a trial heavily criticised by observers including the UN and Amnesty International for its apparent lack of due process.

The former president hopes to increase international pressure on President Abdulla Yameen, who has so far remained silent in the face of the opposition’s daily protests, and calls for dialogue and a presidential pardon.

“I am very pleased to have such an extraordinary team agree to take up my legal defence internationally,” he said in a statement today.

Nasheed said he is determined to “ensure the world understands the injustice of my detention and the broader suffering of the Maldivian people under President Abdulla Yameen.”

President Yameen maintains he has no role in the trial, but called on the international community to respect the Criminal Court’s verdict.

The international team will push for Nasheed’s “freedom from arbitrary detention” through international lobbying and legal mechanisms such as the UN working group on arbitrary detention, the former president’s domestic legal team says.

The working group’s decision on Nasheed’s detention will affect the international community’s policy towards the Maldives, and would inform decisions on possible sanctions, they added.

Genser has represented Nobel Peace Prize laureates Aung San Suu Kyi and Liu Xiaobo, while Clooney has counseled political prisoners such as the former Prime Minister of Ukraine, Yulia Tymoshenko and Al Jazeera journalist Mohamed Fahmy.

Emmerson, meanwhile, is currently the British judge on international tribunals on Rwanda and the former Yugoslavia.

Nasheed on March 19 announced he would not seek an appeal after the Criminal Court failed to release required case documents on time, and said he is now seeking a political solution involving president Yameen.

The High Court still says Nasheed can appeal, claiming judges are authorized to accept late appeals if a “reasonable justification” is given, but Nasheed’s lawyers say Supreme Court has taken away the discretionary powers to judges in a new ruling in January.

Nasheed’s Maldivian Democratic Party describes Nasheed’s conviction as part of a broader government plan to silence dissent, a claim Yameen denies.

Since Nasheed’s conviction, former defence minister Mohamed Nazim has been sentenced to 13 years in jail on smuggling weapons and ruling party MP Ahmed Nazim was yesterday sentenced to 25 years in prison on corruption charges.

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Government proposes $5m resort lease extensions

The government is seeking legal changes to allow the extension of resort leases to 99 years for a lump sum of US $5m, and to expand the powers of the tourism ministry.

The lease extension scheme, which would represent the first time they have been lengthened beyond 50 years, aims to raise money for the government.

The bill submitted by government-aligned MP Mohamed Ismail would also transfer to the tourism ministry the power to authorise developments at resorts and conduct environmental assessments.

The changes aim to incentivise investors, make it easier to obtain financing from international institutions, and increase revenue for the government, the proposed law states.

To be eligible for a lease extension, a resort property must be operational with an existing lease period of 50 years and must not owe money to the government.

If the amendments pass, resorts will have to seek authorisation from the tourism ministry for any development on a resort that could “permanently alter” the island, plot of land, or lagoon’s environment. The ministry must compile an environmental impact assessment before issuing permission.

“Making the services available under one roof would ease the burden on investors, speed up services, and improve investor confidence,” the introduction to the legislation says.

Under existing laws, the Environment Protection Agency conducts assessments and authorises projects such as land reclamation. The agency functions under the environment ministry.

However, the new amendments state that “only the tourism ministry will have the authority” to conduct assessments and authorise developments.

The tourism ministry will also have the power to impose fines not exceeding US$5 million for violations.

The introduction says that the involvement of other ministries and institutions in resorts hinders the tourism ministry and “lowers investor confidence”.

“Flip-flopping”

Under the current Tourism Act, the maximum lease period for resorts or hotels is 50 years. However, the constitution allows leases up to 99 years.

Former Economic Development Minister Mahmoud Razee told Minivan News today that from “a commercial investment point of view it’s a good move,” but questioned the government’s “sincerity”.

“Because when they were in opposition they made a big hoohaa about it,” he said, with reference to current ruling party MPs protesting against the then-Maldivian Democratic Party (MDP) government’s plans to extend resort leases from 25 to 50 years.

The move shows the government is trying to make up revenue shortfalls, said Razee, who was part of the MDP government. He said the current administration was “not curtailing expenses” but increasing the number of political appointees.

This year’s record MVR24.3 billion (US$1.5 billion) state budget includes MVR3.4 billion (US$220 million) anticipated from new revenue raising measures.

The measures include revisions of import duty rates, the introduction of a “green tax”, acquisition fees from investments in special economic zones, and leasing 10 islands for resort development.

Razee also suggested that the administration might allow resorts to pay the extension fee in instalments if the tourism industry lobbies the government.

When the MDP government offered extension of leases for 50 years in exchange for an upfront fee, Razee said resort owners were “not so eager” and “relatively few” paid the fees.

In January 2014, Maldives Association of Tourism Industry secretary general Ahmed Nazeer questioned the practicality of collecting resort lease extensions in a lump sum.

Nazeer told a parliamentary committee reviewing revenue raising measures that only 17 out of the more than 100 resorts had paid lease extension fees upfront.

Razee meanwhile criticised the government’s “flip-flopping” on economic policy, referring to its reversal of a decision to impose higher import duties on garments and motorcycles.

He noted that customs authorities are promising to reimburse importers who are paying the higher tariffs that came into force on April 1, even before amendments reversing the hikes have been passed.

In December, the government also reversed a decision to impose a 10 percent import duty on staple foodstuff such as rice, flour, wheat and sugar.

“There’s no clear-cut, defined, long-term policy,” Razee said.

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Politicians line up to replace jailed MP

Would-be candidates are already setting out their stalls for the parliamentary by-election in Meemu atoll Dhiggaru after the seat’s previous incumbent was jailed for 25 years yesterday.

Ruling party MP Ahmed Nazim, a former deputy speaker of parliament, was found guilty on Monday of defrauding the state of MVR 1.4 million (US $91,400) and sentenced to 25 years.

Members of both the ruling Progressive Party of the Maldives (PPM) and the opposition have expressed an interest in replacing him in the Majlis (parliament).

Among these are Maldivian Democratic Party (MDP) member and Meemu atoll Muli island councillor Ibrahim Zaki, ruling party member and Meemu atoll councilor Moosa Naseer, and Adhaalath Party spokesperson Ali Zahir.

“I have decided to run for Dhihgaru constituency and I will apply as soon as the elections commission gives notice,” said Ali Zahir.

Elections must be held to fill parliamentary vacancies within 60 days under the constitution.

Meanwhile, the MDP has condemned Nazim’s conviction, saying several aspects of the process violated his rights.

“The lower court and the High Court threw out the case. So the state had appealed to the Supreme Court to overturn the ruling. But instead the Supreme Court ruled on the case,” said MDP MP and spokesperson Imthiyaz Fahmy.

“So literally Nazim did not have a chance to defend himself,” Imthiyaz added.

He noted that former defence minister Mohamed Nazim, accused of plotting to assassinate President Abdulla Yameen, and ex-president Mohamed Nasheed, accused of terrorism over the arrest of a judge, received shorter sentences than Ahmed Nazim.

“[They] were charged with more serious crimes. So I don’t see the fairness in this conviction,” he said.

“It seems that the courts had all ruled in favor of Nazim when he was in favor with the government. But after his spat with [Tourism Minister Ahmed] Adeeb, the courts had turned against him,” Imthiyaz said.

Nazim, an ex-deputy speaker of parliament, was found guilty of defrauding the state by submitting bids on behalf of non-existent companies to supply 15,000 national flags to the now-defunct atolls ministry.

He faces three more outstanding corruption charges.

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Mahloof censured over areca nuts as charges loom

Detained parliamentarian Ahmed Mahloof has been denied family visits over the discovery of areca nuts in his pocket, as police prepare to bring charges against him.

Mahloof’s wife, Nazra Naseem, said police cancelled a family visit planned for Saturday on the discovery of the “illegal” areca nuts.

The most high-profile defector from the ruling Progressive Party of Maldives (PPM), Mahloof has been attending Majlis (parliament) because of a rule specifying that detained lawmakers must be brought to sessions.

“MPs have access to things like areca nuts in the Majlis during meal times. I think that if it is unlawful, it is the police’s responsibility to make sure these things are inaccessible to him,” Nazra said.

Police said they had sent charges of disobedience to order against Mahloof to the prosecutor general’s office relating to events at a protest on March 25, but said it would be for state prosecutors to decide whether to proceed with the case.

Mahloof, a close associate of former President Maumoon Abdul Gayoom, was expelled from the ruling Progressive Party of Maldives (PPM) in February after he publicly criticised President Abdulla Yameen and the government.

He is now part of the Alliance against Brutality, an anti-government coalition. He was arrested at an opposition protest on March 25 on suspicion of disobedience to orders after police said he had passed a barricade.

Mahloof has been repeatedly re-detained since then after refusing to accept a conditional release that would require him to stay away from protests for 30 days.

Other opposition figures have suggested that authorities may be planning separate charges against him.

Sheikh Imran Abdulla, head of the religious conservative Adhaalath Party, tweeted that the government was seeking to press terrorism charges against Mahloof.

After his latest court hearing, an altercation took place in which Mahloof’s wife said police pinched her, twisted her arm and tore buttons from her top. Police have denied this.

Nazra has filed complaints with the Human Rights Commission and Police Integrity Commission over the incident on Monday.

Jeehan Mohmood, a member of the Human Rights Commission, confirmed that it was investigating Nazra’s case, while Abdul Aziz Yoosuf, director general of the Police Integrity Commission, told Minivan News the PIC was also looking into the incident.

“My hope is that the independent institutions will look into my case as tomorrow another woman may be treated the same way,” said Nazra.

Separately, the Human Rights Commission is also reviewing 20 cases of protesters who were released from detention on condition they stay away from protests, Jeehan told Minivan News.

Photo of police forcing Mahloof into a police vehicle on April 3, taken by Munshid Mohamed. 

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MDP MPs suspend protest for talks with speaker

The main opposition Maldivian Democratic Party (MDP) has suspended protests in the People’s Majlis (parliament) chamber as it meets with the speaker to seek a negotiated solution to a standoff with the government.

Parliament resumed providing a live feed of sittings to television stations, a popular service which had been suspended for over a month while the MDP parliamentarians protested with whistles, sirens and megaphones in the chamber.

MDP spokesperson Imthiyaz Fahmy said the minority parliamentary group was awaiting a response to a letter sent to Speaker Abdulla Maseeh Mohamed expressing concern over parliament sittings allegedly taking place in violation of procedural rules.

“And as a meeting has been arranged between MDP parliamentary group leader and the Majlis speaker, the MDP parliamentary group has decided to halt the protest to give room for discussions,” the MP for Maafanu North said.

Imthiyaz told Minivan News that the MPs were not boycotting the sittings, as reported in other media. The MPs were inside the parliament building, but were not entering the chamber, he said.

“Because if we go inside we will have to protest,” he said.

Since parliament returned from recess in March, MDP MPs have been protesting on the Majlis floor with sirens, whistles and megaphones, calling for the release of former president Mohamed Nasheed, who was jailed last month for 13 years on terrorism charges.

However, Speaker Maseeh continued proceedings despite the disorder in the chamber.

Parliament also ceased providing a live feed of the sittings to television stations while the debate on bills was inaudible to the viewing gallery.

The parliament secretariat told local media that the actions and words of the MPs during the protests were “against societal norms and unfit for public viewing”.

MDP MPs

In the absence of the MDP MPs, debate and voting at today’s sitting proceeded without incident.

However, amendments submitted to the constitution by government-aligned MP Ahmed Amir were not put up for a vote at today’s sitting due to the lack of a quorum.

Amending the constitution requires the support of a three-quarters majority of the 85-member house.

A quorum of 64 MPs was needed to call the vote, but only 45 MPs were in attendance. The MDP has 21 MPs while at least 13 more are opposition-aligned.

Amir had proposed removing two clauses from article 231 of the constitution, clauses which specify that local councils shall be elected for a three-year term and that chairs and deputy chairs shall be elected through a secret ballot by councillors.

The Maldives Development Alliance MP for Dhaal Kudahuvadhoo proposed specifying both the terms and process of electing chairs and deputy chairs in the Decentralisation Act.

Earlier in the sitting, preliminary debate began on a public service media bill, during which several ruling Progressive Party of Maldives MPs expressed gratitude to the minority party MPs for ceasing their disruptive protests.

The government-sponsored legislation seeks to replace the current state broadcaster – the Maldives Broadcasting Corporation (MBC), which operates a television station and radio channel – with a new public service media company.

The company is to be operated by a seven-member governing board appointed by the president and approved by parliament. If the law is passed, the MBC and its executive board would be dissolved.

During the debate, pro-government MPs criticised the state broadcaster for not providing enough coverage of the government’s services, programmes, and development projects.

Several MPs also accused the state broadcaster of focusing too heavily on the capital and ignoring events and developments in the atolls.

Following the debate, the bill was accepted for consideration with 43 votes in favour and one abstention, and was sent to committee for further review.

Debate also began on amendments submitted to the Elections Commission Act by Deputy Speaker ‘Reeko’ Moosa Manik, who proposed mandating the commission to oversee and conduct presidential primaries of political parties.

Separately, the former MDP chairperson – who was expelled from the party last year after repeatedly defying three-line whips – declared that he will be the main opposition party’s presidential candidate for 2018, although the party says its candidate is former president Nasheed.

The Independent MP for Hulhuhenveiru told parliament that he was ousted for announcing his intention to challenge Nasheed for the party’s ticket, claiming that that the opposition leader’s family controls the MDP.

He also criticised the MDP’s new alliance with the religious conservative Adhaalath Party and the Jumhooree Party. Both parties were responsible for the fall of the MDP government in February 2012, Moosa said.

Moosa’s bill was accepted with 44 votes in favour and sent to committee.

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Maldivian student evacuated from war-torn Yemen

A Maldivian student has been evacuated from Yemen’s capital along with hundreds of Indian nationals fleeing air strikes in an escalating sectarian conflict.

The student was flown from Sana’a to Djibouti yesterday and is now in India’s Mumbai, his family has confirmed. He is to arrive in Maldives tomorrow morning.

The student had gone to Sana’a in December last year to study the Qur’an.

The Foreign Ministry last week said families of two more students had asked to be evacuated.

But deputy minister for foreign affairs Fathimath Inaya told Minivan News the government the other two students, who are safe, had chosen not to leave the country yet.

According to Yemeni media, at least 500 foreign nationals have been evacuated from Sana’a since Thursday. The UN and diplomatic missions pulled their staff out last week.

A Saudi-led coalition has been bombing Yemen for nearly two weeks in an attempt off an insurgency led by Shia Houthi rebels.

The rebels took control of Sana’a earlier this year, forcing Yemeni President Abdabbauh Mansour Hadi to flee the country in February.

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Maldives ‘open for Japanese investment’

Foreign minister Dunya Maumoon said today that the Maldives is open for Japanese investments, as the east Asian country donated MVR 64 million (US $4m) of “disaster reduction equipment”.

“The Maldives is open for Japanese investment. Be it airport development, or tourist resort development, or transportation sector development, the Japanese investors will have the full guarantee that their investment will be fully protected,” Dunya said.

She was speaking at a ceremony at the Ministry of Foreign Affairs today for the signing of the Japanese aid deal.

The foreign ministry had not specified what the equipment consisted of at the time of going to press.

The government said in June last year it was in talks with the Japan Bank to secure a loan of US $200m to help redevelop the country’s main international airport, but this month it said it was looking to the Saudis for the cash.

In her remarks, Dunya expressed appreciation from the Maldives to Japan for nearly four decades of support, which have included providing the sea wall around Malé and constructing primary schools.

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