Day: July 7, 2015

New bill sets jail term up to 20 years for ‘Jihad’

The Attorney General’s Office has overhauled a first draft of a draconian anti-terrorism bill and specified some 14 offences as acts of terror, including joining or attempting to leave the Maldives to join a war in a foreign country.

The new draft, submitted to the People’s Majlis on Monday, proposes a jail term of 17-20 years for joining a foreign war. Any individual caught attempting to leave the Maldives with the same intent could be jailed for 10-15 years.

The bill also permits extensive surveillance of terror suspects.

More than a hundred Maldivians are thought to have left the Maldives to fight with Islamic State and Jabhat Al-Nusra in Syria and Iraq. The two groups are designated as terrorist organizations by the U.S.

The government has been struggling to stop the steady outflow of Maldivians joining Jihad.

A previous draft of the bill, obtained by Minivan News, granted the president the exclusive authority to declare groups as terrorist organisations. Acts of terror were previously loosely defined. Inciting violence at demonstrations, threatening the country’s independence and sovereignty, and promoting a particular political or religious ideology were considered terrorism.

The new bill, however, defines some 14 offences committed with the intent of unduly influencing the government, creating fear, or promoting ‘unlawful’ political and religious ideologies as terrorism.

These offences include murder, causing bodily harm, disappearances, kidnapping, damaging property, hijacking vehicles, endangering public health or security, damaging public infrastructure and suspending public services.

The president must consult with the national security council in designating groups as terror organisations. The list must be publicised within 15 days of the ratification of the law.

Using explosives, bullets or other weapons to cause harm, even if committed without the three motivations of terrorism, is an act of terror. This means gang violence will be considered terrorism. More than 30 people have died in gang violence over the past seven years.

Punishments range from 20-25 years for perpetrators. Planning an act of terror is punishable by 17-20 years in jail. Encouraging terrorism with direct or indirect statements is punishable by 10-15 years in jail.

Training to commit acts of terror, including learning how to use weapons or joining training camps, is punishable by 12-15 years in jail.

“We condemn terrorism. The government aims to mete out the harshest punishments for those who commit such crimes,” the AG office said in a statement.

The bill also criminalises possession of dangerous weapons, distributing publications of a terrorist organisation, and forming gangs or groups to commit acts of terror.

Fundamental rights, including the right to remain silent and access to a lawyer, can be restricted for terror suspects. Between 6-12 hours is provided to appoint a lawyer before interrogation. Meanwhile, any communications between a suspect and a lawyer for the first 96 hours after arrest must take place in the presence of a police officer.

The bill authorises the home minister to apply for a monitoring and control or ‘monicon’ order from the appellate High Court in order to tag, intercept communications and conduct surveillance on suspects.

Unlike the first draft, the new bill provides measures that the High Court must consider in issuing a monicon order and establishes some safeguards.

Judges must determine if there is sufficient evidence in a police’s intelligence report against a terror suspect and must determine if the monicon action desired is proportionate to the evidence. If the evidence is insufficient, the court must refrain from issuing the order, the bill states.

The minister does not have to inform the suspect and the court is not obliged to summon the suspect before issuing the order. However, the order must be presented to the suspect before it can be enforced.

The bill grants a suspect a 90-day period to appeal the monicon order at the High Court. The court is obliged to accept appeals of monicon orders and hold hearings.

Monicon orders last for a year and can be extended every year. Orders can be issued against minors.

The government can restrict a suspect’s place of residence, freedom of movement and monitor bank account transactions and order a suspect to undergo a rehabilitation programme under a monicon order.

If a suspect violates a monicon order, a court can jail or place them under house arrest for 18 months.

If the law is passed, the Anti- Terrorism Act of 1990 will be dissolved.

Former president Mohamed Nasheed and ex-defence minister Tholhath Ibrahim were charged under the terrorism law over the military’s detention of a judge and sentenced to 13 years and 10 years in prison, respectively, in March.

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MDP required to re-register half of its members

The Elections Commission (EC) has ordeeed the main opposition Maldivian Democratic Party (MDP) to re-register some 23,058 of its members with fingerprinted forms.

The figure amounts to nearly half of the MDP’s 46,608 registered members.

The EC has asked all parties, with the exception of the ruling Progressive Party of Maldives (PPM), to re-register members before December 31. The PPM was formed in late 2011 after the requirement for fingerprints on membership forms came into force the previous year.

The commission said in a statement on Thursday that the 2013 Political Parties Act requires all political parties to submit membership forms with fingerprints.

MDP spokesperson Imthiyaz Fahmy told Minivan News today that the list of members registered without fingerprints include ex-president Mohamed Nasheed and parliamentary group leader Ibrahim Mohamed Solih.

“The stupidity of this is that Nasheed, a person who is the president of MDP, who went on to becoming the president as the MDP’s candidate is no longer a member of MDP,” he said.

The MDP was registered in 2005 and is the first political party to be formed in the Maldives.

Fahmy contended that the EC’s intention is to reduce the MDP’s membership to allow the PPM to overtake the opposition party. The ruling party has 36,232 members.

“This is another attempt for the government to use another independent commission as a tool to work in favour of the government. It is because we have more members than them,” he said.

Political parties receive funds from the state budget every year. The amount depends on the size of the party membership.

The MP for Maafanu North accused the government of exerting undue influence over independent institutions and the judiciary “to get their way.”

Fahmy previously argued that the commission could not apply the 2013 political parties law retroactively.

“The MDP was formed before the new act. Back then, a fingerprint was not required, so the membership forms are valid,” he said.

He added that the requirement for fingerprints only applies to new membership forms.

“This is a clear obstruction of the people’s constitutional right to join political parties. It creates an unfair burden on political parties and is designed to reduce our numbers,” he added.

EC member Ahmed Akram meanwhile told Sun Online that members who do not submit forms with fingerprints will be removed from the political party registry.

The Dhivehi Rayyithunge Party (DRP), from which the PPM emerged as a splinter faction, has 14,750 members. The Jumhooree Party (JP) has 13,990 members.

The religious conservative Adhaalath Party (AP) has 9009 members.

The DRP is to resubmit 10,000 forms and the JP 2,764 forms. The AP also has to resubmit some 2,866 forms.

The EC has previously said it receives complaints from the public about being registered to political parties without their knowledge or consent.

The commission has set up mechanisms to check party registration either through text messages or on the official website.

A text message sent to 1414 with PPR space followed by the national ID card number would show if the person is registered to a political party. Alternately, the EC website has an online database to check party registration by entering the ID card number.

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Family requests Nazim’s transfer from jail to house arrest

The family of former defense minister Mohamed Nazim has requested his transfer from prison to house arrest with an appeal filed over the 11-year-jail term on weapons smuggling charges stalled indefinitely at the High Court.

Nazim’s brother, Adam Azim, said the family has written to home minister requesting the transfer. The appeal was stalled after the Supreme Court suddenly transferred two judges on the five-judge-panel to a newly created appellate branch in the south.

Nazim maintains he was framed by rogue police officers who planted the pistol and three bullets in his apartment during a midnight raid.

The trial was criticized for apparent lack of due process. Appeal hearings were set to conclude within a week in late-June. The transfer of judges was made in the middle of the appeal on June 23.

Nazim’s trial coincided with the terrorism trial of ex-president Mohamed Nasheed. The opposition leader was sentenced to 13 years in jail over the military detention of a judge during his tenure. The pair’s imprisonment sparked a political crisis with daily protests.

With mounting diplomatic pressure, Nasheed was transferred to house arrest. Talks have now commenced between the government and Nasheed’s Maldivian Democratic Party (MDP).

The MDP has requested Nazim be transferred to house arrest to allow political reconciliation. The largest opposition party has also requested the government withdraw terrorism charges against the Adhaalath Party president Sheikh Imran Abdulla.

Imran was charged with inciting violence at a historic anti-government protest on May 1. The Adhaalath Party allied with the MDP in March after President Abdulla Yameen told Imran he had no power to release Nazim.

Home minister Umar Naseer told the press on Sunday that the government is open to exploring avenues to release jailed politicians and withdrawing charges. The government will present a paper at a third meeting on Wednesday night.

While there has been progress on government’s talks with the MDP and the Jumhooree Party, talks with the Adhaalath Party has been stalled, with the party insisting Imran should represent it at talks.

Ibrahim Muaz, the president’s office spokesperson, said the Adhaalath Party cannot present demands before sitting for talks. “There cannot be demands to start the discussions. Decisions can only made after discussing at the table.”

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New regulation issued on import duty waivers

President Abdulla Yameen has issued a new regulation for businesses seeking to waive import duties on a variety of capital goods and has waived duties on some goods imported to address “special circumstances.”

The revised Maldives Import Export Act gives the president the authority to waive import duties for “items imported to commence, undertake and operate activities that are beneficial to the Maldivian economy.”

According to the new regulation, businesses seeking the duty waiver should fit on the following criteria:

  • Businesses seeking to increase Maldives’ exports and reduce imports.
  • Businesses introducing a new technology
  • Economic activities which will increase living standards and employment opportunities.
  • Increase foreign currency revenues
  • Diversify the Maldivian economy.
  • Encourage small and medium sized enterprises.

The decree states that such imports can only be expensive machinery, capital equipment, infrastructure material, aircrafts and aircraft spares. The total value of items imported must be above US$2million. Duty can be waived for a period between 3 to 15 years depending on the investment of the business.

Depending on the business sector, companies seeking duty exemption should request the waiver from either the economic development ministry, the tourism ministry or the fisheries ministry. The waiver must be requested 14 days before the goods arrive in the country.

President Yameen also waived import duties for goods used in special circumstances.

These are:

  • Goods imported treat people during an epidemic.
  • Goods imported to address a decline in living standards or food supplies because of a failure to provide education, healthcare, electricity, water, sewerage and other such basic services.
  • Goods imported to address the impact of a natural disaster.
  • Goods imported on free aid to provide basic services, infrastructure development and environmental conservation projects.
  • Goods given as gifts or free aid to the people of the Maldives or to a specific island.

Goods brought under special circumstances do not need to provide the 14 day notice.

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Cause of seaplane crash remains uncertain

The civil aviation authority is yet to determine what caused a Trans Maldivian Airways (TMA) seaplane to crash land near the Kuredhu Island Resort last week.

The accident investigation coordination committee said in a statement last night that the investigation will continue once the seaplane is resurfaced. The coastguard, police, and TMA are assisting the investigation.

The Twin Otter seaplane sank within minutes of crash-landing around 5:30pm last Tuesday. A speedboat rescued the 11 tourist passengers and three crew members within minutes.

The investigation committee said it has retrieved the seaplane’s records, recovered some of the seaplane’s parts with help from the army, and interviewed passengers and crew.

The MNDF and TMA have made a plan to recover the submerged seaplane, the committee said.

Seaplane accidents are rare in the Maldives. In February 2012, an Maldivian Air Taxi aircraft crash-landed on the water runway at Ibrahim Nasir International Airport with nine passengers due to poor weather conditions. None of the passengers or crew sustained injuries.

A TMA flight crash-landed near Biyadhoo Island resort in February 2011.

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PPM seeks to limit elected councils to populous islands

Progressive Party of Maldives (PPM) MP Abdulla Khaleel has proposed changes to the decentralisation law to not elect local councils in islands with a population lower than 500 people.

Presenting the amendment bill at today’s sitting of parliament, Khaleel said the Local Government Authority (LGA) in consultation with the atoll council will make administrative arrangements to provide municipal services in islands without elected councillors.

The administrative arrangements can be made in accordance with the wishes of the community, Khaleel said.

“So I don’t believe it will cause too many problems for populations lower than 500,” he said.

During the ensuing debate, opposition MPs argued that the proposed change amounted to discrimination against small island communities.

If the amendments are passed, Jumhooree Party MP Moosa Nizar Ibrahim said small communities would become marginalised, neglected and deprived of basic services.

Several pro-government MPs meanwhile said that the old system of island and atoll chiefs directly appointed by the president during the 30-year reign of former President Maumoon Abdul Gayoom was much better suited to the Maldives.

PPM MP Saudhulla Hilmy said the local government system introduced in 2011 has been a “bitter” experience and suggested removing the decentralisation provision from the constitution.

Amendments

Khaleel also proposed extensive changes to the composition of local councils. The amendments state that a four-member council will be elected in islands with a population between 500 and 5,000 people and a six-member council for islands with a population between 5,000 and 10,000.

Apart from the president and vice president of island, atoll, and city councils, Khaleel proposed making other councillors part-time members who would not be involved in day-to-day activities.

The part-time councillors will only attend meetings to finalise decisions.

Atoll councils will meanwhile be comprised of two elected members and a councillor from each island in the atoll. If the revisions are passed, Khaleel said the government would save MVR100 million a year.

Khaleel’s amendments represent a major overhaul of the law and comes after the pro-government majority in parliament passed a third and fourth amendment to the Decentralisation Act last month.

President Abdulla Yameen ratified the fourth amendment today.

The amendments passed by parliament on June 29 state that by-elections will not be held if an island, atoll, or city councillor resigns one year after the local council elections.

Local councils are elected for a three-year term. The resignation of councillors have triggered several by-elections since the local government system was introduced in February 2011.

However, by-elections must still be held for vacant seats if a council does not have a quorum to hold meetings or if a councillor resigns within the first year.

In late June, President Yameen also ratified a third amendment to the decentralisation law that authorised the president to determine the public services to be provided by the opposition-majority Malé and Addu city councils.

The amendments state that municipal services the president decides not to assign to the council will be transferred to government ministries.

During the parliamentary debate last month, MPs of the main opposition Maldivian Democratic Party (MDP) heavily criticised the proposed changes, contending that it would “destroy” the decentralisation system and reduce the city council to an “administrative desk at the president’s office.”

Overhaul

The current model of more than 1,000 elected councillors approved in 2010 by the then-opposition majority parliament was branded “economic sabotage” by the MDP government, which had proposed limiting the number of councillors to “no more than 220.”

The new layer of government introduced with the first local council elections in February 2011 cost the state US$12 million a year with a wage bill of US$220,000 a month.

Under the 2010 decentralisation law, a five-member council is elected in islands with a population of less than 3,000, a seven-member council for islands with a population between 3,000 and 10,000, and a nine-member council for islands with a population of more than 10,000.

City councils comprise of “an elected member from every electoral constituency of the city”, and atoll councils comprises of “elected members from the electoral constituencies within the administrative division.”

The presidents of island councils currently receive a monthly salary and allowance of MVR15,000 (US$973) while council members receive MVR11,000 (US$713). The mayor of Malé is paid MVR45,000 (US$2,918) a month.

Other changes proposed by Khaleel meanwhile include providing a seat on island councils for the chair of the island’s women’s development committee and forming advisory committees on economic, social, and environmental affairs.

The LGA – the oversight body tasked with coordinating with local councils – will be comprised of five members, including a cabinet minister, the chief executive for local government, and three members selected by parliament with experience in gender issues, business, and governance or public administration.

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Missing Maldivian pilgrim found after four days

A 75-year-old Maldivian pilgrim who went missing in Mecca has been found after four days, local media reports.

The government-owned Hajj Corporation said Ali Mohamed, from Haa Alif Baarah, was found this morning at the Masjid al-Haram or sacred mosque in Mecca that surrounds the Kaaba (House of God).

Mohamed had been praying at the mosque for the past four days and was unable to find his way out, Hajj Corporation managing director Yameen Idhrees told Haveeru.

Idhrees said Mohamed is in good health and that the corporation is making arrangements to send the pilgrim to join the rest of the group in Medina.

A total of 1,396 Maldivians are in Saudi Arabia to perform the Umra pilgrimage during the holy fasting month of Ramadan. Some 315 pilgrims are under the care of the Hajj Corporation while others are traveling with private Hajj groups.

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