ACC, Civil Court orders Islamic Ministry to halt bidding process for Hajj groups

The Anti-Corruption Commission (ACC) has ordered the Ministry of Islamic Affairs to halt the bidding process for selecting Hajj Groups to accompany Maldivian pilgrims and to revise the criteria for awarding quotas.

Following an investigation into alleged corrupt practices, the ACC revealed in a press statement today that it identified nine issues with the regulations (Dhivehi) formulated by the ministry for evaluating bid proposals, which was published in the government gazette on February 12.

The ACC investigation was prompted by a complaint lodged at the commission alleging that the regulations were being used to unduly benefit certain parties.

The ACC decision came on the heels of a stay order (Dhivehi) issued by the Civil Court this morning ordering the ministry to halt the bidding process pending a ruling on the validity of the regulations.

The stay order or injunction was granted in a lawsuit filed by two Hajj groups – the Abatross and Minaa groups – contending that the bidding process was unfair.

Among the issues identified by the ACC was a new requirement for interested parties to submit bank statements – dating back six months – of the company’s management account and money depositing account.

Companies were also required to submit details of employees who would be accompanying pilgrims as well as documents proving their experience.

While 15 percent of marks were to be awarded for experience, the ACC noted that the regulations did not specify how experience would be measured or graded.

Moreover, while companies were required to submit details of ticket prices along with their proposal, the ACC noted that it would depend on the quota, which was to be decided by the ministry following evaluation of bids.

In addition, the commission found that there were no guidelines to evaluate the proposed price (45 percent of marks) and the quality of service (30 percent), whilst the ministry had not set a ceiling for the quoted price.

Based on its findings, the ACC ordered the ministry to revise the issues identified in its investigation report – shared with the ministry today – before resuming the bidding process.

Of the 800 pilgrim quota afforded to the Maldives by Saudi Arabia, 400 were reserved by the government’s Hajj Corporation while the rest were to be divided amongst companies chosen from the bidding process.

The proposals were to be submitted to the Islamic Ministry at 10:30am today.

The bidding process for Hajj groups was marred by controversy in 2013 as well. In May, the High Court overturned a Civil Court ruling in which the trial court ordered the Islamic Ministry to reevaluate several unsuccessful bids presented by local Hajj groups.

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Finance Ministry restrictions will not obstruct Majlis polls, says EC

The Elections Commission (EC) has said that recent financial restrictions in acquiring the election budget will not have any impact on the upcoming parliamentary elections.

In all elections following the cancelled first round of last year’s presidential elections, the Ministry of Finance and Treasury have not released in bulk the total budget required for each election.

The ministry has instead been required to pays bills and release funds for individual requests after having reviewed if the expenditure fits the criteria of the programme.

Following yesterday’s second EC advisory committee meeting in preparations for the March vote, Maldivian Democratic Party (MDP) Spokesman Hamid Abdul Ghafoor said that the commission owed MVR12 million in pending bills after delays at the Finance Ministry.

A ministry official explained to Minivan News that, if the ministry is convinced the money is required for elections, there will not be any restrictions in releasing the funds. Though the decision was made at policy level, he acknowledged that  it might have been due to budget shortages.

EC President Fuwad Thowfeek has said that, even with these difficulties, the commission is able to mange the expenditures with cooperation from the ministry.

“We are managing. I can assure that these restrictions will not obstruct the election. It will be carried out as planned,” said Thowfeek.
Fuwad was also of the view that the restrictions could be the result of budget shortage.

“Now we are using the office budget mostly. But the Finance Ministry is releasing funds as we spend,” he noted.

Meanwhile, the parliament’s government accountability committee is planning to question the finance ministry regarding the issue. A committee member confirmed today that a request has been made.

The EC is currently on trial at the Supreme Court on contempt charges. After using newly introduced procedures to both initiate and oversee contempt of court charges against the EC, the court has subsequently deemed privileged Majlis testimony to be admissible in the case.

The EU, the Maldivian Democratic Party, and local civil society groups have all expressed concern over the case’s effect of the EC’s independence ahead of the March 22 Majlis elections.

The commission members have now been asked to attend the Supreme Court this Saturday (March 1) at 1:30pm to sign their statements.

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Maldives National Oil Company seeks assistance with oil exploration

The Maldives National Oil Company (MNOC) has revealed that it will begin advertising the country as a destination for oil exploration as early as April, local media has reported.

MNOC Managing Director Ahmed Muneez told the press yesterday that the recent release of a seismic reports – initiated in 1991 by Royal Dutch Shell – had prompted the state-owned company to seek further foreign assistance.

“We have contacted a Norwegian company and a German company to help us better understand the findings of the study. Based on this report, we’re hopeful of advertising the Maldives as a new destination of oil exploration,” Haveeru quoted Muneez as saying.

He explained that an outside company would be hired to conduct a global advertising campaign in order to market the country as an oil source.

Prior to last year’s presidential elections, both the Jumhooree Party candidate Gasim Ibrahim and – eventual victor – Progressive Party of Maldives Abdulla Yameen promised oil exploration to supplement the country’s tourism industry.

The national oil company was formed in 2003 in order to assist the government’s attempts to diversify the economy, which still relies on tourism for 70-80 percent of GDP. The company’s activities include making preparations for the country’s third attempt at oil exploration.

“The fact that two leading oil exploration companies in the world had invested in exploration drilling in the Maldives, keeps up the glimmer of hope for commercial success of oil and gas exploration in the Maldives,” explains the MNOC.

“Today, with the remarkable improvement of technology in the area of oil and exploration such as three or four dimensional seismic survey systems etc., the Maldives National Oil Company is hopeful that oil or gas can be discovered in Maldives.”

Better known for its pristine beaches and clear waters – and more recently its vulnerability to climate change and commitment to carbon neutrality – the search for oil in the Maldives predates its famous tourism industry.

Information available on the MNOC website explains that the French oil company Elf Aquitaine embarked on exploratory projects in the Maldives as early as 1968. After experimental wells were drilled in 1976, it was discovered that the deposits at the site were not economically viable.

A second attempt at exploration came fifteen years later, with Shell conducting seismic surveys and drilling an exploration well in Ari atoll. Again, current market prices meant that the project was deemed financially unappealing.

Tourism Minister Ahmed Adeeb has previously told Minivan News that Maldives’ environmental image and commitments are no obstacles to developing of an oil industry.

The Maldives is “a big nation, and places not in marine protected zones or tourism areas could be explored for oil, like in the less developed north,” he explained.

The Maldives has previously been listed by the UN as one of the world’s most oil-addicted nations,  importing US$488 million in petroleum products in 2012 – equivalent to around one fifth of GDP.

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Criminal Court acquits MDP MP Jabir of cannabis possession charges

The Criminal Court has ruled that the Maldivian Democratic Party (MDP) MP Abdulla Jabir was not guilty of possessing cannabis when police raided his uninhabited island – Hondaidhoo in Haa Alifu atoll – in November 2012.

Jabir is currently in Malé jail after the court sentenced him to twelve months after finding him guilty of refusing to provide a urine sample for police to run a drug test.

A total of 10 people were taken into police custody on November 16 after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of “suspected” drugs and alcohol upon searching the island.

Seven of the suspects, including the MDP MPs Hamid Abdul Ghafoor and Jabir were among those charged.

At the time, police submitted cases against former SAARC Secretary General and Special Envoy to the former President Ibrahim Hussain Zaki, former President’s Office Press Secretary Mohamed Zuhair and his wife Mariyam Faiz. The manager of Jabir’s resort J Alidhoo Jadhulla Jaleel and Zaki’s son Hamdan Zaki also face charges.

Yesterday Jabir’s legal team appealed his recent conviction at the High Court, claiming that the trial had violated the MP’s constitutional rights.

Meanwhile, Jabir is still facing as additional trial for possession of alcohol relating to the Hondaidhoo incident.

According to the constitution, any additional time added to Jabir’s sentence will result in the MP being stripped off his seat in parliament and barred from running in the upcoming parliamentary election. After surviving disciplinary proceedings within the party, Jabir had been scheduled to re-contest his Kaashidhoo seat next month.

Article 73 of the constitution states that a person shall be disqualified from election as a member of the People’s Majlis – or a member of the People’s Majlis immediately becomes disqualified – if he has been convicted of a criminal offence and is serving a sentence of more than twelve months.

Additionally, the same article states that if a person has been convicted of a criminal offence and sentenced to a term of more than twelve months – unless a period of three years has elapsed since his release – or he has been pardoned for the offence for which he was sentenced, he will also be disqualified.

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Shihab elected mayor, Shifa deputy mayor

Former Home Minister Mohamed Shihab has been elected mayor of the capital by fellow councillors on the newly-elected Malé City Council.

Former Education Minister Shifa Mohamed was elected deputy mayor. Both were elected with unanimous consent of the 11-member council following its swearing-in ceremony last night.

In the January 18 local council elections, eight candidates from the opposition Maldivian Democratic Party (MDP) and three candidates from the ruling Progressive Party of Maldives were elected to the council.

Abdulla Sodig was meanwhile elected mayor by the six-member Addu City Council while Abdulla Thoyyib was elected deputy mayor. All six councillors were elected on opposition MDP tickets.

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Haveeru journalist released without charges

A journalist from newspaper Haveeru based in Addu City who was arrested yesterday has been released without charges.

According to the local daily, Ahmed Adshan was released after five hours in police custody. He was told that there was “nothing to investigate” while keeping him in custody.

Adshan was detained allegedly for taking photographs of police officers in plainclothes who were frisking people at the Feydhoo harbour.

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Nasheed warns Supreme Court against interference in Majlis elections

Former President Mohamed Nasheed warned Chief Justice Ahmed Faiz Hussain last night against Supreme Court interference in the upcoming parliamentary elections scheduled for March 22.

Speaking at a campaign launching ceremony for two Maldivian Democratic Party (MDP) candidates, Nasheed said last year’s presidential election was “taken away from us by the Supreme Court.”

“The island council, atoll council, and city council elections have slipped from their fingers by God’s will while they were unaware. Now we are coming to the People’s Majlis elections again. If the People’s Majlis election is stopped, you could not place a bigger obstacle to the country’s development,” he said.

Supreme Court Justices “should know very well that the people of the Maldives will not forgive,” Nasheed said.

“And do not think that the courage of the Maldivian people has flagged. No, when they have to take to the streets, they will,” he said.

“If you decide to halt our elections, remember that we live on this land too. Keep in my mind, our Chief Justice Ahmed Faiz, know that we too grew up in this island. As long as we are on this soil, you cannot keep perpetrating injustices against our people.”

The Maldivian people were not indifferent or willing to “remain in a state of shock or fear,” Nasheed continued, adding that the people have “found courage from one another and moved past their fear”.

“We cannot remain still, we cannot give up the hope of our children and children’s children, we cannot give up the Maldives,” he said.

Suo motu

The Supreme Court summoned members of the Elections Commission (EC) on February 12 and began a surprise trial on charges of contempt of court. The apex court invoked new ‘Sumoto’ or ‘Suo motu’ regulations that allow the court to initiate hearings and act as both prosecutor and judge in a trial.

The court contends that criticism by EC members of its decision to annul the first round of last year’s presidential election – citing a secret police report that has since been dismissed by a UN expert review and questioned by the Human Rights Commission of Maldives – constituted contempt of court.

Nasheed meanwhile declared last week that the MDP will boycott the parliamentary elections if the Supreme Court removes EC members ahead of next month’s polls.

Speaking at a campaign event on the night before EC members were summoned, Nasheed accused parties in the ruling coalition of colluding with the Supreme Court to delay the Majlis elections as they were “certain of defeat.”

“In my view, an election conducted with the Supreme Court exerting influence over the Elections Commission to deliberately commit electoral fraud or rig the vote will not be a legitimate election – in my view, MDP should not participate in such an election,” Nasheed said.

Neither the international community nor the Maldivian public would accept general elections boycotted by the MDP, he insisted.

In his speech at a campaign launching ceremony on Monday night for MDP MP Imthiyaz Fahmy, Nasheed said judicial reform was the most pressing issue facing the Maldives at present.

Neither the chief justice nor other judges should think that the public would cease calls for reform or stop criticising the judiciary “out of fear,” he said, declaring that the party would “not back down in the slightest”.

Referring to the alleged sex tape of Supreme Court Justice Ali Hameed, Nasheed said the party’s concern was not with Hameed’s indiscretions but with the presence of “compromised” judges on the bench who were susceptible to “blackmail”.

While the new constitution was adopted to move away from the autocratic and unjust practices of the past, the Supreme Court has taken on powers to investigate, prosecute, conduct trial, and deliver verdicts on their own accord, Nasheed said.

“The fundamental basis of the reform that the Maldivian people wanted was ensuring that the prosecutor and the court that hears the case are separate. Persons must have the assistance of a lawyer to defend themselves from accusation of a crime,” he said.

“It is the prosecutor general who should prosecute on behalf of the state. We wanted to see separated powers of state [but] today we are seeing the Supreme Court negate the character of the constitution we wished for.”

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Haveeru journalist arrested in Addu City

A journalist from newspaper Haveeru has been taken into custody in Addu City today allegedly for taking photographs of police officers in plainclothes who were frisking people at the Feydhoo harbour.

The local daily quoted a Feydhoo resident as saying that that the officers approached Ahmed Adshan – who is based in Addu City – and insisted that the reporter could not take pictures.

“They did not have police tags or names. So Adshan asked them to show their police cards. They asked Adshan to show his card. [But] because they didn’t show their cards, Adshan didn’t show his,” the Feydhoo resident said.

Police have meanwhile insisted that Adshan was arrested for both driving without a license and obstructing police duty.

However, a source from the island told the newspaper that he was unable to meet Adshan at the police station and was told that the journalist was not in custody for a traffic violation.

A friend of Adshan who was with him at the time of the arrest said that Adshan attempted to take photos after parking his motorcycle and that he had a valid driving license.

In September 2012, Reporters Without Borders (RSF) condemned the growing number of arbitrary arrests of journalists by the Maldives Police Service.

The press freedom NGO said in a statement that it “deplores the repeated obstruction of media personnel in the course of their work and urges the government to put a stop to arrests designed to intimidate journalists and encourage self-censorship.”

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Civil society joins criticism of Supreme Court’s actions against EC

Read this article in Dhivehi

Civil society groups in the Maldives have added their voices to the growing concern over the Supreme Court’s actions against the Elections Commission (EC).

“The Maldivian Democracy Network and the Maldives NGO Federation are gravely concerned by the recent proceedings initiated by the Supreme Court of the Maldives against the members of the Elections Commission of the Maldives,” read a joint press release today.

After using newly introduced procedures to both initiate and oversee contempt of court charges against the EC, the court has subsequently deemed privileged Majlis testimony to be admissible in the case.

Today’s statement closely follows that of the EU’s Sri Lanka delegation which yesterday called upon the government to ensure the commission’s independence ahead of the March 22 Majlis elections.

Recalling the recent controversies surrounding the 2013 presidential election, the NGO statement argued these events had come at a “great cost to the state and the people”.

“We strongly urge all parties to ensure that the upcoming parliamentary elections are efficient, independent and fair. Any hindrance by any party to this process would be undemocratic and unfair for the people of the Maldives.”

The court’s decision to bring the charges of contempt of court refer to criticism of the decision to annul last September’s presidential election first round. The annulment was followed by further cancelled and delayed polls after much wrangling over the court’s new election guidelines.

The EC has also been accused of disobeying a Supreme Court order by dissolving eight political parties earlier this month.

The NGO statement has today referred to the 16 point guidelines as “onerous” and “controversial”.

Supreme Court must earn respect, say NGOs

Describing the current court case as “unjust”, runner-up in the presidential poll Mohamed Nasheed has said that his Maldivian Democratic Party (MDP) will not compete next month’s vote should the four EC members be removed.

Following today’s second EC advisory committee meeting in preparations for the March vote, MDP Spokesman Hamid Abdul Ghafoor said that the commission owed MVR12 million in pending bills after delays at the Finance Ministry.

Hamid reported, however, that the EC was confident the elections would proceed as scheduled.

The civil society statement noted that the decision to use testimony protected under the constitution had overstepped the court’s boundaries as the ultimate interpreter of the constitution.

Claiming establishing justice to be a tenet of Islam, Supreme Court Judge Ahmed Abdulla Didi has said the EC’s testimony at the independent commissions oversight committee obstructed justice and could be used in a court.

The court has said that no party has the authority to question or criticise its decisions as per Article 145 (c) of the constitution.

“The Elections Commission has been established in very clear terms by the Constitution of the Maldives as an independent institution with its oversight assigned to the people through their representatives in the People’s Majlis,” read today’s NGO press release.

“Writing this criteria in the Constitution cannot bring independence to an institution if it cannot be practiced and fully respected. Similarly, respect for an institution is not inherent to being a part of the Constitution. The Supreme Court must, as every other institution, earn the respect of the people.”

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