High Court rules MIRA has authority to confiscate documents

The High Court has ruled that the Maldives Inland Revenue Authority (MIRA) has the authority to seize documents during investigations of tax evasion or fraud carried out under an order by the tax appeal tribunal.

The High Court on Thursday (August 21) overturned a Civil Court ruling to the contrary in a case lodged by a company called Treasure Biz International Pvt Ltd after MIRA sent in auditors and confiscated documents from the company’s offices in December 2012.

The Civil Court in May 2013 ordered MIRA to hand over the documents and electronic equipment to the company within seven days.

A three-judge High Court panel, however, ruled (Dhivehi) that taxation laws empower MIRA officers enforcing a search order by the tax appeal tribunal to confiscate relevant documents or financial records. A specific order would not be required for seizing documents, the judges noted.

In May this year, Fuad Zahir, managing director of Treasure Biz, set up a trade union to advocate for the rights of small and medium-sized enterprises (SMEs).

MIRA has meanwhile filed tax evasion charges against Treasure Biz.

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Kodey councillors sworn in seven months after election

Three councillors-elect for the island council of Gaaf Alif Kodey took their oaths of office on Thursday (August 21) seven months after the local council elections in January, reports local media.

Independent members Murthala Saleem and Ahmed Ibrahim along with Adhaalath Party member Siyam Mohamed were sworn in by Gaaf Alif Villigili Magistrate Azeem Hassan at a ceremony at the Kodey school.

A fourth councillor-elect, Shan Mohamed, meanwhile informed the Local Government Authority (LGA) that he no longer wished to serve on the council.

Shan told Sun Online that he has moved to Malé since January’s polls and begun practicing law in the capital.

Elections Commission (EC) Director Ahmed Abubakur, however, insisted that Shan must first take the oath of office and then resign if he did not want the seat.

He added that the EC would make a decision once the LGA informs the commission of Shan’s letter.

Earlier this month, the Supreme Court overturned the High Court’s annulment of the Kodey island council election.

In February, the High Court ordered a revote for the five-member island council. The decision was, however, appealed at the Supreme Court by the EC.

In its verdict (Dhivehi) – delivered more than four months after the appeal was filed – the apex court ordered a revote to be held among the two fifth-placed candidates and the sixth-placed candidate.

The fifth-placed candidates received 88 votes while the candidate in sixth place received 87 votes.

As the margin between the candidates for the last seat was just one vote, the High Court had invalidated the election after it emerged that an elderly Kodey man residing in Dhaandhoo had cast his ballot in the wrong box.

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Gayoom warns of spread of “secular ideology”

Former President Maumoon Abdul Gayoom has warned of the spread of “secular” or “irreligious” ideology in the Maldives, reports local media.

Speaking at a ceremony held last night to hand over funds to the Progressive Party of Maldives’ (PPM) branches, the ruling party’s leader was quoted as saying that “our responsibility should be to protect the country and uphold the principles and tenets of Islam.”

Gayoom warned of “an ideology to allow other religions on Maldivian soil” as well as efforts to instil values or practices that were contrary to Maldivian traditions and culture.

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Comment: #findmoyaameehaa

This article first appeared on Dhivehi Sitee. Republished with permission.

Thursday night, two weeks ago, was the last time anyone saw Ahmed Rizwan Abdulla, 28-year-old journalist, blogger, human rights advocate and all-round great person.

A lot—yet nothing—has happened since Rizwan was reported missing to the Maldives Police Service (MPS) on 13 August.

On 15 August Rizwan’s family and friends organised a search of Hulhumalé, the island neighbouring Male’ on which Rizwan lives on his own. Starting with the desolate, deserted areas—-of which there are many—-the search party combed the whole island. It was in vain.

On 16 August Rizwan’s friends and colleagues, who obtained CCTV footage from the Malé-Hulhumalé ferry terminal from the night he was last seen, identified him on camera buying a ticket and going into the waiting area to board the 1:00 a.m. ferry on 8 August. This footage has since been made public. For the next twenty minutes or so—-the amount of time it takes for the ferry to reach Hulhumalé—-Rizwan was on Twitter. Between 1:02 a.m. he sent out 11 (mostly re-) Tweets, beginning with this one, which said he had just boarded the ferry:

His last Tweet was at 1:17 a.m three minutes before the ferry would have reached Hulhumalé.  According to Rizwan’s employer, Minivan News, he sent a Viber message at 1:42 a.m. The newspaper further reports that according to Rizwan’s telephone service provider that his mobile phone was last used at 2:36 a.m. at a location in Male’. Since then, nothing.

There was a shocking development to the story a few days after the search for Rizwan began. On the night he was last seen, two witnesses saw a man being abducted from outside Rizwan’s apartment around 2:00 a.m. Minivan News, which withheld the information until it was made public by other news outlets, published details of the abduction on 18 August. The witnesses heard screaming and saw the captive, held at knife point by a tall thin man, being bundled into a red car which drove away at speed. The witnesses contacted the police immediately. They also recovered a knife from the scene. The police took a statement and confiscated the knife.

And that was that.

It is mind-boggling that there were no searches in Hulhumalé after eye-witness reports of an abduction, no sealing off of exits to and from the island, no investigation in and around the area of the abduction to at least ascertain who had been bundled into the car. If the police had done any of this, Rizwan’s family would have been aware of his disappearance so much sooner. Two weeks on, the police still don’t seem to have managed to locate the red car—-this on a 700 hectare island with the total number of cars totalling around fifty, if that.

Outrage at police ‘incompetence’ has grown steadily as days turn into weeks without news of Rizwan’s whereabouts. MPS’ reaction to the criticism has been petulant, like an offended prima donna. It issued a long statement demanding that the public stop criticising police given how brilliant they obviously are; and, unbelievably, proceeded to hold a press conference about Rizwan to which all media outlets bar his own Minivan News was invited.

Speculation that MPS does not want Rizwan found is becoming fact as time passes with no leads. How incompetent does a force have to be to remain clueless about how a person was abducted from a small island? How many red cars can be hidden on such a small piece of land, surrounded by the sea? How difficult would it be to locate the individuals caught on CCTV following Rizwan at the ferry terminal in Male’? It is common knowledge that life in Male’ is now governed by an ‘unholy alliance’ of ‘born-again’ fanatically ‘religious’ gangsters and thugs controlled by politicians and fundamentalists.

Whatever the police is driven by—fear, complicity, support—it is certain the government shares its ‘could not care less’ attitude. President Yameen’s callous response on 20 August to news of Rizwan’s disappearance confirmed this: ‘I cannot comment on anything and everything that happens, can I? The police are probably looking into it.’

It is as if the disappearance of a young man, a journalist and well-known human rights advocate—the first incident of its kind in the Maldives—is as routine as a mislaid shopping list. The President, who campaigned as saviour of the youth population, had not a word to say about the abduction and disappearance a young man of vast potential. Yameen chose, instead, to wax lyrical on his success at begging in China, having procured a 100 million US dollars in aid money for building a bridge between Malé and Hulhumalé, the island where Rizwan is feared to have been abducted from.

Who wants a bridge to an island that is so unsafe? An island where women are raped in broad daylight and young men disappear without a trace? Where gangsters and violent extremists rule, where the police turn a blind eye to crime and where the streets have no lights?

It is quite extraordinary that a president of a country sees no need to express concern for a citizen whose sudden disappearance has led to statements from international bodies ranging from the UN Human Rights Commissionerto media associations such as Reporters Without Borders, CPJ, IFJ and South Asia Media Solidarity Network as well as news outlets and human rights advocates in the region and across the world.

In some of this week’s news coverage, Rizwan’s name is on top of the world’s missing journalists’ list. According to Minivan News, many foreign diplomats based in Colombo have made the time to listen to its concerns about Rizwan’s abduction.

Perhaps prompted by diplomatic concern, over a week after Rizwan’s disappearance became public knowledge, the Maldives Foreign Ministry finally issued a hastily put together statement yesterday, full of factual and other types of mistakes, expressing a perfunctory concern hard to accept as sincere.

While the politicians, the gangsters and the religious fanatics with their support of Jihad, beheadings and other forms of killing trip over each other to ignore, laugh about, cover-up and prevent knowledge of what has happened to Rizwan, friends, family, and admirers of his deep humanity, are unflagging in their hopes and efforts to find him safe and sound.

It is on social media, where he is known as Moyameeha, that Rizwan has made his widest impact. The Maldivian Twitter community is especially bereft without his presence. It is not surprising. The off-line Maldivian society has been largely taken over by gangs, zealots and bigots. There is no safe place for people like Rizwan—with bold ideas, open minds and creativity—to come together in real life. So they gather on Twitter—the most free of modern media platforms—exchange thoughts, discuss politics, make poetry and music, argue, joke, laugh, and cry, become friends and form the kind of free, liberal and tolerant public sphere they cannot have off-line. Rizwan is a shining star of that community, one of its well-liked and giving members. The community wants him back.

Close friends have set-up a website, findmoyameeha.com, where everything that is officially  said and done in relation to Rizwan’s disappearance is gathered in one place. It also counts every passing second since he went missing. Friends have also set up Facebook pages dedicated to finding Rizwan while existing Facebook pages that support him have created a repository of online tributes:

Bloggers, who look up to him as one of the first to make an impact in the sphere, have been paying homage, re-finding and sharing some of his most moving posts. Rizwan’s friends discuss his poetry, his love of music (and obsession with Nusrat Fateh Ali Khan), his enthusiasm for Dhivehi language, folklore and history, and most of all his never-ending good nature and empathy. Even the deeply divided and highly politicised journalistic community appears to be waking from a deep slumber, and putting their differences aside to demand that efforts to find Rizwan be stepped up.

Over the past few years the Maldives Police Service has become highly adept at being ‘incompetent’, at being ‘unable’ to solve the crimes they don’t want solved while putting all their efforts into hunting down bootleggers, cannabis smokers and petty criminals. If they catch any major offenders, the corrupt judiciary lets them go; so why bother? This being police ‘best practice’, a majority of the Maldivian population now choose to ‘forget’ unsolved crimes, stop asking questions, and carry on as nothing happened.

Not this time. Rizwan’s family, friends, supporters and like-minded journalists are not going to stop asking questions and looking for answers. Because if they do, it is the last nail in the coffin of Rizwan’s vision—shared by those looking for him—of a tolerant Maldivian society in which people are free to think, embrace diversity and difference, be creative, live safely and have the right to peace and happiness.

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MDP slams president’s response to journalist’s disappearance

The Maldivian Democratic Party (MDP) has slammed President Abdulla Yameen for a perceived lack of empathy when questioned about the missing Minivan News journalist Ahmed Rilwan.

When asked by a journalist about the matter upon his return from China yesterday, Yameen refused to comment, saying that the police and Home Ministry had already spoken on the matter.

“A journalist is missing, I think. So work will be done to find the journalist, right? And, God willing, that will be successful,” said Yameen.

The President’s Office had previously noted that the government is “deeply saddened and concerned” over Rilwan’s disappearance 13 days ago.

An MDP statement today, however, accused the president of being “irresponsible” in his reply to the question, and criticised him for failing to publicly express concern over the disappearance, now believed to have been an abduction.

With international concern growing over the disappearance of Rilwan – 28-years-old – the opposition party noted the example of US President Barack Obama, who addressed the nation yesterday following the murder of journalist James Foley.

“We note this is how a president in a democratic state becomes accountable to citizens,” read the statement.

The Home Ministry yesterday revealed the the Maldives National Defence Force had joined a team of 40 police officers in a search which now included the Hulhumalé lagoon.

Rilwan was last seen on a ferry heading to Hulhumalé in the early hours of August 8, while neighbours reported a man being forced into a car close to Rilwan’s apartment less than an hour later.

Ascribing the case “top priority” status, Home Minister Umar Naseer acknowledged reports of the abduction incident, but said police had not yet been able to establish a link to Rilwan.

The Home Ministry failed to inform Minivan News of the latest press conference, with officials later explaining that the oversight had not been intentional.

International groups including Reporters Without Borders and the United Nations Office for the Commissioner of Human Rights have expressed concern over Rilwan’s disappearance, calling for a thorough investigation.

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Government reaffirms commitment to protect migrant workers

Speaking at the ‘Workshop on Migration Processes and Policies in the Maldives’ held yesterday (August 21) in Malé, Minister of Foreign Affairs Dunya Maumoon emphasised the importance of addressing the gaps in the law and issues in its implementation.

The minister reiterated the commitment of President Abdulla Yameen, to address the issues and challenges with regard to migration management in the Maldives.

She thanked the International Organisation for Migration (IOM) Development Fund for its assistance in protecting the rights of migrant workers and welcomed the recommendations detailed in the initial findings report, “A Review of Migration Management Processes and Policies in the Maldives”.

Ahmed Amjad of the Friendship Association of India and Maldives told Minivan News that the seminars hosted by IOM in January had been very effective.

Speaking at the event, Dunya stressed the importance of striking the right balance between excessive permeability of the borders, with excessively regulated migrant labour markets and having safeguards to prevent exploitation of the system by both employers and migrant workers.

Furthermore, Dunya emphasised the importance of distinguishing illegal migrants and undocumented workers, and orienting policies accordingly.

Highlighting the fact that the majority of migrant workers in the Maldives are from Bangladesh, Dunya stated that the study tour to Bangladesh, conducted in May this year for Maldivian Government officials, contributed immensely towards the work of the government with regards to migration management.

Earlier this year the Department of Immigration and Emigration deported 6,400 migrant workers between January and July and was holding 159 workers in detention as of July 22.

According to the department, barring a handful arrested on criminal offenses, all were undocumented – some having worked illegally for up to 12 years.

The current special operation to deport undocumented workers was announced on April 24, with Minister of Defence and National Security Mohamed Nazim – also in charge of the immigration department – promising “the whole [of] Malé will be cleaned [of migrant workers]” within three weeks.

The 2014 US State Department’s Trafficking In Persons Report highlighted lack of procedures to identify victims among vulnerable populations, and inadequate training for officials.

The report stated that “the government penalized some victims for offenses committed as a result of being trafficked and also deported thousands of migrants without adequately screening for indications of forced labor.”

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China pledged assistance for bridge project, says President Yameen

The Chinese government has pledged assistance in building a bridge connecting the capital Malé and Hulhumalé, President Abdulla Yameen told the press last night upon returning from a visit to China.

“[Chinese President Xi Jinping] said let us form an economic council or committee. So we have come after determining representatives from our side on the joint committee,” Yameen told reporters at the airport.

Once the high-level joint commission is set up, Yameen said a feasibility study would be conducted with a team of Chinese engineers due to arrive this year.

The team would study the strength of ocean currents, he explained, which was necessary to determine the “strength of the structure” of the bridge as well as an estimated cost.

“When that is completed, the Chinese government informed us during the meetings that one of the contractors [that have expressed interest] would then begin work,” he said.

“So God willing, we hope work could begin very soon.”

The Chinese ambassador is due to arrive in the Maldives in a few days with a list of Chinese representatives on the joint commission, he revealed.

Yameen also said the likelihood of the bridge project being awarded to a Chinese company was “99 percent” and that “a large portion” of the project would be financed through free or concessional aid from China.

The Chinese president was meanwhile briefed about other ‘mega projects’ the government plans to commence, Yameen said, adding that “major Chinese contractors” would undertake the projects.

The Chinese government could ensure that loan facilities sought from the Chinese EXIM bank would be provided at a very low interest rate, he explained.

Meetings also took place between the Maldivian delegation and “large Chinese civil works companies,” Yameen noted.

Based on assurances from Xi Jinping, Yameen expressed confidence of receiving significant assistance from the Chinese government for the bridge project.

The Chinese government also provided MVR250 million (US$16 million) as grant aid during the president’s trip.

Diplomatic cooperation

Discussions also focused on “important matters for China in international diplomacy,” Yameen revealed, referring to the the Chinese ‘New Silk Road’ project, which he said was intended to foster economic relations and increase trade between China and Asia-Pacific nations.

“We requested participation in the Silk Road initiative and were immediately welcomed,” he said.

Yameen said he also invited the Chinese president to visit the Maldives for next year’s 50th anniversary of independence and Xi Jinping “promptly” accepted the invitation.

“So we believe [Sino-Maldives] relations are very good and [the Chinese government] was very well-prepared for our visit,” he added.

Yameen said the Maldives would back China in the international arena as the two countries shared “the same principles on a number of issues, especially concerning the Indian Ocean region, human rights and many such matters.”

He stressed, however, that the “main focus” of the discussions was the development projects envisioned by the government.

Asked if closer ties with China would adversely impact relations with India or Japan, Yameen said Sino-Maldives economic cooperation would not affect “the very friendly, close relations with India”.

“All these projects are also open to India and we are doing a lot of diplomatic work with India,” he said, referring to his administration’s decision not to sign a Status of Forces Agreement (SOFA) with the United States as an example of cooperation.

On relations with Japan, Yameen noted that a project for the construction of a new terminal at the Ibrahim Nasir International Airport (INIA) would be jointly undertaken by the Maldives Airports Company Ltd (MACL) and two Japanese companies.

“No country has expressed concern so far and I don’t believe they will either,” he said.

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Bill proposed to transfer land from local councils to central government

Progressive Party of Maldives (PPM) MP Riyaz Rasheed has proposed transferring land and lagoons under local council jurisdiction or ownership to the housing ministry.

“I am proposing amendments to the Decentralisation Act to the [People’s] Majlis today because of the disputes concerning land between councils, city councils and the housing ministry, and because the existing land law and decentralisation law does not make clear enough to us who has ownership of land,” said Riyaz while presenting the legislation (Dhivehi) at yesterday’s sitting of parliament.

“Therefore, I certainly believe that the state’s property should be under one institution.”

In the ensuing debate, MPs of the opposition Maldivian Democratic Party (MDP) and Jumhooree Party (JP) accused the government of attempting to “destroy” decentralisation and render councils powerless.

The amendments would defeat the purpose of devolving decision-making powers, they contended, noting that articles 234 and 235 of the Constitution state that local councils shall have the authority to “raise funds” and “own property and incur liabilities”.

Riyaz  meanwhile argued that state assets should be under the control of the executive, alleging that councils with opposition majorities were deliberately obstructing development projects by refusing to provide land.

The deputy leader of the PPM’s parliamentary group claimed that some island councils have yet to arrange land for the fisheries ministry and youth ministry to build ice plants and sports arenas, respectively.

The current administration was “facing serious difficulties” in implementing its policies, he contended.

Following disputes between the housing ministry and councils, Riyaz noted that councils have recently been informed not to conduct transactions involving state-owned land or lease property without obtaining permission from the president.

In June, the Ministry of Housing and Infrastructure removed two parks from the jurisdiction of the MDP-majority Malé City Council, while Dharubaaruge convention centre was reclaimed by the government in May.

Riyaz also criticised the city council for leasing parks in the capital for restaurant businesses. While councils should have authority over land, Riyaz said the law should not allow that power to be misused.

“It should be done in accordance with the government’s policies,” he insisted.

“Toothless”

During the debate, MDP MP Abdul Ghafoor Moosa said the amendments would make councils “toothless” and the decentralisation law “useless.”

Ghafoor denied Riyaz’s allegations of non-cooperation from MDP-majority councils, adding that the claims were intended to “mislead” the public.

JP MPs also noted that property and lagoons under council ownership were the only significant means available for generating an income.

MDP MP Rozaina Adam said the government was trying to “cut off the arms and legs” of councils as they would not be able to do “any work when the government steals land from small islands.”

Several MPs suggested that there were many island councils doing exemplary work for the benefit and development of their islands or atolls. All local councils should not be punished or blamed for the actions of a few, the MPs said.

JP MP Hussain Shahid suggested amending the law to allow councils to function more efficiently, arguing that the number of councillors in each island were excessive.

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.”

Following the release of the UNDP’s second Human Development Index report in June – which found the rest of the country lagging behind the Malé area with its ‘highly developed’ score – Salma Fikry, a prominent campaigner and proponent of decentralisation, told Minivan News that lack of political will was to blame for the disparity.

“The whole point of decentralisation is scary for the Maldivian government because they like to keep people dependent, they like to think of themselves as doing people favours,” she said.

She predicted that “three quarters of the population would probably move to the capital and the rest of the country will be taken over by the corporations.”

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Archaeological team from India concludes survey in Maldives

A delegation from the Archaeological Survey of India (ASI) visited Maldives from August 14-20 on the invitation of the Government of Maldives to conduct a detailed study for a project to undertake restoration of ancient mosques in Maldives.

The 4-member team, led by Dr BR Mani, additional director general, visited several mosques in various islands and held meetings with the Maldivian delegations in the Ministry of Islamic Affairs and the Department of Heritage led by Minister of Islamic Affairs Dr Mohamed Shaheem Ali Saeed and Deputy Minister of Education and Director of Heritage Department Yumna Maumoon.

Both sides welcomed the proposal for a MoU between ASI and the heritage department, and the renovation and preservation of ancient cultural heritage in the Maldives.

The ASI delegation visit is a follow-up of the visit of Shaheem’s visit to India in April 2014, during which co-operation between India and Maldives in this area was discussed.

India had previously assisted the Maldives in restoration of several ancient mosques including Hukuru Miskiy (1988), Eid Miskiy (2006), Dharumavantha Rasgefaanu Miskiy (2004) in Male and Fenfushi Hukuru Miskiy in South Ari atoll (2001).

Six of the country’s coral stone mosques are currently being considered for UNESCO world heritage site status.

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