Maldives and Canada in diplomatic spat

Foreign minister Dunya Maumoon has accused the Canadian government of hypocrisy after it called on the Commonwealth Ministerial Action Group (CMAG) to place a deteriorating human rights situation in the Maldives on its formal agenda.

“Canada should address the cultural genocide it is alleged to have committed against native Canadians before trying to teach other nations about values of democratic principles and human rights,” Dunya said in a statement on Tuesday.

Canada has condemned the imprisonment of ex-president Mohamed Nasheed and police crackdown on several mass protests organized by the allied opposition parties.

In a statement on Tuesday, Canada said it supported the June 12 protest in which protesters called for the release of political prisoners, an independent judiciary, and respect for freedom of expression.

Dunya said Canada’s “selective application of [democratic] principles is a highly hypocritical approach to adopt” after a Canadian truth and reconciliation commission said rules that required Canadian aboriginals to attend state funded church schools was responsible for “cultural genocide.”

Prime Minister Stephen Harper issued a historic apology in parliament in 2008, acknowledging the physical and sexual abuse that took place in the schools.

Dunya said the Maldives welcomes constructive engagement and acknowledged that democratic principles, including accountability, is an obligation on all states.

“We would encourage Canada to show good faith and engage positively with the government,” she added.

The CMAG in 2012 suspended the Maldives and placed it on the body’s formal agenda over Nasheed’s ouster in 2012. A Commonwealth inquiry later concluded that the transfer of power was constitutional, but the opposition now says the inquiry was flawed.

Dunya in March slammed unnamed foreigners for working with local opposition politicians of pushing for CMAG action against the Maldives over Nasheed’s terrorism trial.

She has previously said Canadian statements on the ongoing political crisis are “blatantly untrue.”

The Maldives is grappling with increasing international criticism over the prosecution of opposition politicians. In addition to Nasheed, ex-defence minister Mohamed Nazim is also in jail over charges of weapons smuggling.

Rights organizations have said the trials lacked due process.

Earlier this month, Dunya criticised the EU, UK, Canada and US over tweets in which diplomats raised concern over fresh terrorism charges against three more opposition leaders.

The European parliament in April adopted a resolution condemning the “serious irregularities” of Nasheed’s terrorism trial while US secretary of state John Kerry said during a visit to Sri Lanka that Nasheed was “imprisoned without due process”.

“This is an injustice that needs to be addressed soon,” he said.

Last week, US senators John McCain and Jack Reed urged their government to press for the release of all political prisoners in the Maldives.

President Abdulla Yameen has called for separate talks with the three opposition parties. The Jumhooree Party has held two meetings with government representatives, but there has been no progress with the main opposition Maldivian Democratic Party and the religious conservative Adhaalath Party.

In October 2013, then-President Mohamed Waheed wrote a letter of complaint to Canadian Prime Minister Stephen Harper, accusing Canada’s Foreign Minister John Baird of posing “several harshly worded questions… concerning domestic politics in the Maldives” during a CMAG meeting on September 27.

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The Supreme Court’s ‘power grab’

The Supreme Court issued 11-point guideline dictating the human rights watchdog’s roles and responsibilities will force it to “work like a ministry or an extension of the government instead of an independent body,” a commission member who wished to remain anonymous has said.

The apex court yesterday declared a rights assessment submitted by the Human Rights Commission of the Maldives (HRCM) as unlawful and barred the office from communicating with foreign organizations without government oversight.

The 11-point guideline also orders the HRCM to protect unity, peace and order, and uphold Maldivian norms, faith, etiquette and the rule of law.

The main opposition Maldivian Democratic Party (MDP), civil society organizations and lawyers have also said the guideline undermines the commission’s independence, and have said the Supreme Court has infringed on the parliament’s mandate by “writing laws” for the HRCM.

The MDP noted the ruling was issued under controversial suo-moto regulations that allow the Supreme Court to prosecute and pass judgment.

“While the guardian of independent institutions is the parliament, the Supreme Court created a guideline and gave the verdict on charges the court itself brought against the HRCM, we note with concern that this verdict allows an independent institution created by the constitution to lose its independence,” the MDP said in a statement today.

Charges of treason were first pressed in September 2014 after the HRCM publicized a report it had submitted to the UN human rights council for the Maldives’ Universal Periodic Review.

Chief Justice Abdulla Saeed said the report was biased, encouraged terrorists and undermined judicial independence in the Maldives.

MDP MP Imthiyaz Fahmy said: “This is very concerning; this whole case was based on threatening an independent institution with unconstitutional charges because the commission fulfilled its constitutional and international obligations.”

Only the parliament can formulate guidelines for the state’s offices, he said. The guideline will bar the HRCM from investigating human rights violations without state approval as it requires the commission to cooperate with government offices and orders the HRCM not to overstep its mandate or “disrupt” the work of government offices.

Mohamed Thoriq Hamid, the program manager of advocacy NGO Transparency Maldives, said the verdict is part of “a continuing trend” in which the Supreme Court is undermining the work of the state’s independent institutions.

In March last year, the apex court sacked the Election Commission’s president and vice-president when they criticised a 16-point electoral guideline issued by the Supreme Court after annulling the first round of presidential elections in September 2013.

In 2012, the Supreme Court ruled that the Anti-Corruption Commission was not authorized to suspend contracts even if they suspected corruption. The ACC president Hassan Luthfee at the time said the ruling rendered the ACC powerless to stop corruption even if it was carried out on a large scale.

Shahindha Ismail. the executive director of Maldivian Democracy Network, said the Supreme Court is “imposing more serious problems” on HRCM rather than “allying with the commission to overcome existing challenges”.

“This verdict just destroys all the work done for the promotion of democratic principles and the protection of Human Rights all over the world,” she added.

A lawyer who wished to remain anonymous said the Supreme Court’s verdict was an “unconstitutional power grab.”

“What we see in other democratic countries is judicial activism, but this case shows that what is going on here is judicial extremism,” he said.

The guideline has sparked outrage on Twitter.

The former speaker of Majlis, MP Abdulla Shahid said: “Another sad and horrifyingly wicked day for democracy and Human Rights in the Maldives.”

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Underage murder suspect transferred to house arrest

The juvenile court has transferred a suspect in the murder of 19-year-old Ahmed Aseel to house arrest after the minor’s family said he has depression.

The court had previously ordered the minor to be kept in police custody until the murder trial ends.

The minor’s family submitted documents to prove he has depression, local media said.

Aseel was attacked in Malé in August last year and died as a result of his injuries. He was stabbed near Iskandhar School in the Machangolhi ward of the the capital on August 23 along with two others – aged 20 and 13-years-old – whose injuries were not critical.

Doctors had removed Aseel’s right leg in an attempt to save his life after he was stabbed six times.

Eyewitnesses said a group of masked men stabbed the two men in the back and struck the minor on the head before fleeing on motorbikes.

Some eight suspects, including two minors, have been charged over the murder.

 

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Sacked TVM reporter to be reinstated

The employment tribunal has ordered the state TV to reinstate a reporter who was sacked unlawfully in February and ordered a payout of MVR 100,800 ($6536) as compensation.

Nasrulla Haadhy, a long time employee of Television Maldives (TVM), was dismissed when he refused a transfer to a bureau in southern Addu City.

“I was sent to the Addu City bureau, but there was no office there. They also did not give me food and salary allowances that were provided to others who worked out of Male’ City. Their reason was that my wife is from Addu City. I refused, and then they dismissed me,” he said.

Nasrulla now works at privately-owned Channel 13.

“I intend to return to the job. I worked there because I loved to work there and I have no problem with the management. I just disagreed with two people from the senior management,” he said.

In March, a TV Anchor Ali Shamin was dismissed from TVM after he alleged the station was biased in its coverage of political unrest triggered by the jailing of ex-president Mohamed Nasheed.

A senior journalist Mohamed Afsal was demoted in the same month after he criticized the criminal court for refusing to let journalists leave the court premises during a break in between hearings in Nasheed’s terrorism trial.

Minivan News understands Afsal was reinstated to his former position when he threatened to file charges at the Employment Tribunal.

The government in April seized control of the state TV and radio stations after dissolving the Maldives Broadcasting Corporation through a new law.

Ruling party MPs appointed five members proposed by President Abdulla Yameen to the new Public Service Media (PSM) board without interviewing them.

The International Federation of Journalists (IFJ) called a move an attack on press freedom and described the PSM as a “state mouthpiece.”

Umar Manik, the chairman of the former board, was the only incumbent who was appointed to the new board.

Staff at the PSM have long complained of favoritism and lack of independence in successive governments.

Some staff who spoke to Minivan News today said the new board had promised changes.

“We have always complained about favoritism and discrimination. The new board promised change but it is still the same,” a female reporter who wished to remain anonymous said.

Another senior journalist, however, said some journalists who were deliberately left without work are now included.

“The new board has included those who were isolated over disputes and is encouraging us to work together,” he said.

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MP Mahloof questioned over June 12 sit-in

Opposition MP Ahmed Mahloof was summoned today to the police headquarters for questioning over a sit-in organized by the Maldivian Democratic Party (MDP) on June 12.

Police arrested Mahloof at 3:30am on June 13 from Majeedhee Magu, but he was released by the criminal court the following day. He was was accused of obstructing police duty.

The opposition is protesting over the imprisonment of ex-president Mohamed Nasheed and ex-defence minister Mohamed Nazim. Some 2000 people took part in the June 12 sit-in.

Mahloof was not available for comment at the time of going to press.

A police spokesperson said Mahloof was summoned to police over an ongoing investigation, but declined to comment further.

A total of 12 people were arrested in the early hours of the morning, but were all released by the criminal court.

The police cracked down on the protest after protesters refused a police order to stop using megaphone and go home by midnight.

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Gasim to retire from politics

The leader of the opposition Jumhooree Party (JP) Gasim Ibrahim has announced he will retire from politics once his five-year term as Maamigili MP expires in 2019.

The philanthropist and tourism tycoon, who contested the 2008 and 2013 presidential polls, told newspaper Haveeru today that he plans to resign as the JP leader. He also said he no longer wants to run for the presidency.

“My experiences of the two [presidential] elections I’ve contested are clear. It has damaged my businesses. Now I want to step down and serve the people. There is a lot I can do to serve. I have served many people for the sake of humanity,” he said.

Gasim’s announcement comes weeks after the government slapped a US$90.4million fine on his Villa Group and froze the accounts of several subsidiary companies.

The claim was issued after the JP split from the ruling coalition and allied with the main opposition Maldivian Democratic Party (MDP) in a campaign against President Abdulla Yameen’s alleged authoritarianism.

The JP is meanwhile in disarray with two senior officials facing terrorism charges.

Gasim is in Germany at present, Haveeru said. He has been abroad since late April. In a tweet in May, he said he was in Thailand.

Party over

Gasim on Tuesday also appealed to the 10-member JP parliamentary group to support a ruling coalition-proposed constitutional amendment that would bar him from the presidency.

“The JP’s constitution states the leader of the party is its presidential candidate. I fill that position today. But with my decision to support that [the constitutional amendment] I cannot hold that position. So I will hold a congress and hand over the leadership to someone else,” he said.

The ruling coalition wants to set an age limit of 30 to 65 years for the presidency. The constitution at present says that presidential candidates must be 35 years of age.

Gasim will be 66 in 2018.

The MP said he would not abandon the party even if he stepped down from its leadership. “This is a party of 30,000 members. I do not want to destroy the Jumhooree Party. So I will settle the party debts to zero and hand over to a new leadership.”

The JP is currently the only opposition party in talks with the government.

The JP’s last-minute backing was key in President Yameen’s 2013 presidential win. The ruling Progressive Party of the Maldives (PPM) and the JP formed a coalition government, but tensions arose within months after JP accused the ruling party of failure to honor provisions in the coalition agreement including awarding JP members’ jobs.

Gasim had also backed ex-president Mohamed Nasheed in 2008 against the president of 30 years, Maumoon Abdul Gayoom.

The JP and Nasheed’s MDP had formed a coalition with several smaller parties, but the coalition, too, fell apart within its 100 days. Gasim went on to play a key role in Nasheed’s 2012 ouster.

Economic sanctions

According to Haveeru, Gasim is in Frankfurt to save his ailing company.

The Villa Group – which operates businesses in shipping, import and export, retail, tourism, fishing, media, communications, transport and education – has faced difficulties in paying its 5000 staff due to the tax authority’s decision to freeze company accounts.

The Villa Group is contesting the US$90.4million claim at the civil court.

The claim has cost the company a US$80million loan, Villa has said.

“We are in dire straits, unable to pay salaries. With the accounts freeze, we are facing difficulties in sending money to students we provide scholarships for. Tourism occupancy is also very low. So I am looking for ways to improve the company’s financial situation,” Gasim said.

The Villa Foundation is currently supporting some 350 students’ higher education in the Maldives and abroad. The foundation says it has provided some 5000 students with full or partial scholarships.

Since the tax authority issued the US$90.4million claim, Gasim has not been seen at opposition protests and has remained silent on the ongoing political crisis triggered by the jailing of several politicians including Nasheed.

MPs and senior officials of the JP, however, went on to form a new coalition with the MDP and the religious conservative Adhaalath Party in March.

Gasim served as Minister of Finance from 2005 – 2008 and served as the Speaker of the special parliament set up to draft the Maldives’ new constitution in 2008.

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Supreme Court renders human rights watchdog toothless

The Supreme Court has declared a rights assessment submitted to the UN by the human rights watchdog as unlawful, and has issued an 11-point guideline barring the independent body from communicating with foreign organizations without government oversight.

Chief Justice Abdulla Saeed delivered a verdict today, eight months after the apex court charged the Human Rights Commission of the Maldives (HRCM) with treason.

He said the September 2014 report submitted to the UN Human Rights Council was biased, encouraged terrorists and undermined judicial independence in the Maldives.

In the report, the HRCM had said the Supreme Court controlled and influenced the lower courts to the detriment of the Maldivian judiciary.

Days after the report was publicised, the Supreme Court brought charges against the HRCM under controversial suomoto regulations that allow the apex court to prosecute and pass judgment.

The case had remained stalled after just two hearings.

The 11-point guideline issued today orders the HRCM to protect unity, peace and order, and uphold Maldivian norms, faith, etiquette and the rule of law.

The Supreme Court said the HRCM must not overstep its mandate and ordered the independent body to cooperate with government institutions, communicate with foreign bodies through the relevant government institutions, and protect the Maldives’ reputation.

The written verdict was not available at the time of going to press.

In March last year, the apex court sacked the Election Commission’s president and vice-president when they criticised a 16-point electoral guideline issued by the Supreme Court after annulling the first round of presidential elections in September 2013.

Judicial control

The HRCM’s two-page report submitted to the UN’s Universal Periodic Review (UPR) said: “The judicial system is controlled and influenced by the Supreme Court, weakening judicial powers vested in other superior courts and lower courts.”

The UPR studies the human rights record of all 193 UN member states and is aimed at supporting and expanding the protection of human rights.

The Maldives was first reviewed in 2010 and underwent a second inspection in May.

During the review in Geneva, countries across the world blasted the Maldives for the ‘politicisation of the judiciary’ and raised concern over the Supreme Court’s prosecution of the HRCM.

Several countries then recommended that the Maldives ensure impartiality and independence of the judiciary and provide training to judges.

The foreign ministry has deferred accepting or rejecting the recommendations, pending “national level consultation.” A decision will be communicated before the 30th session of the human rights council in September or October 2015.

Trial summary

At the second hearing on September 30, 2014, the HRCM had denied charges and said that the commission’s observations on the judiciary were based on reports by the UN Special Rapporteur on Independence of Judges and Lawyers Gabriela Knaul, the International Commission of Jurists and the national chapter of Transparency International.

Then-Chief Justice Ahmed Faiz said the judiciary had rejected Knaul’s report as invalid and reprimanded the HRCM for alleged failure to consult the Supreme Court in writing the UPR submission.

Faiz and Judge Muthasim Adnan were removed from the seven-member bench in December.

The HRCM in March said the Supreme Court’s suomoto case was the biggest challenge the watchdog has faced in its 11-year history.

The HRCM Act grants members immunity from prosecution in relation to acts carried out as part of the commission’s duties.

Today’s ruling comes as the parliament prepares to appoint three new members to the HRCM as the five-year terms of three members are due to expire in August.

The three members are HRCM president Mariyam Azra, vice-president Ahmed Tholal and member Jeehan Mahmood.

President Abdulla Yameen has nominated a former ruling party MP to the position. The opposition has accused the president of stacking independent commissions through the ruling-party controlled parliament.

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19-year-old man stabbed to death in sixth murder in 2015

A 19-year-old victim of an assault in Addu City last night died this morning while undergoing treatment for injuries.

Local media has identified the deceased as Hussain Shiar from the Atheena house in the Hithadhoo ward. He was stabbed in the back and the head.

A police media official said the assault victim passed away around 10:45am. He was being treated at the intensive care unit of the Hithadhoo regional hospital.

The media official said the hospital had reported the assault to police.

No arrests have been made yet. According to local media, Shiar was attacked by masked men who entered his home around 11:00pm last night.

But the police media official said the assault occurred on the street.

In November last year, masked men forcibly entered a home in the Maradhoo ward of Addu City and assaulted a father and son. The incident followed the arrest of a 23-year-old from Maradhoo on suspicion of attacking a 34-year-old with a machete the previous night.

Shiar’s fatal stabbing meanwhile marks the sixth murder this year.

In late March, the police launched a joint security operation with the army following the the murder of a 29-year-old man in Malé.

Police officers and soldiers began patrolling the streets of the capital, checking vehicles, and stopping and searching individuals in an effort to curb gang violence.

A 23-year-old was stabbed to death outside his home in the Henveiru ward of Malé on February 21, whilst a 29-year-old was killed in Laamu Mundoo on March 20.

Two were Bangladeshis also murdered and four expatriates stabbed in a spike in violence against expatriates in March.

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First resort under luxury brand St. Regis to open in 2016

International hotel developer Starwood Hotels and Resorts has announced the opening of the Maldives’ first resort under its luxury brand world St. Regis next year.

The new resort  is being developed in Dhaa Atoll Vommuli Island, a 40-minute seaplane ride away from the capital Malé, by the Chennai-based Appaaswamy Group

Starwood Hotels currently operates the W Retreat & Spa and Sheraton Full Moon Resort & Spa.

The new Vommuli Resort will feature 77 luxurious private villas, a spa with six private treatment rooms, an infinity swimming pool, and a state of the art fitness centre along with a dive and activity center.

“This signing further fuels Starwood’s strong growth momentum in South Asia, where we continue to see strong demand for high-end hotel accommodations,” said Sudeep Jain – Starwood’s Vice President of Acquisitions and Development.

“The upcoming arrival of the St. Regis brand in the Maldives underpins our commitment to Starwood’s luxury portfolio in this dynamic market.”

The St. Regis brand operates more than 30 hotels and resorts around the world.

“We are pleased to partner with Starwood to bring this hotel to life: marrying the bespoke service of the St. Regis brand with the ‘barefoot luxury’ mentality of the Maldives,” said Ravi Appasamy Managing Director of Residency Resorts Male Private Limited.

“The brand’s allure, coupled with Starwood’s powerful loyalty program, is sure to entice affluent travelers to visit this enchanting destination.”

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