Climate institutions in “flux”, consolidation needed for Maldives Green Fund success: leaked Transparency report

The Environment Ministry claims climate mitigation and adaptation projects have not been affected by government instability, however leaked draft Transparency Maldives reports indicate that climate governance institutions are in a state of “flux” and suffer from a lack of accountability, including the proposed Maldives Green Fund.

Currently, the Ministry of Environment and Energy (MEE) is implementing MVR 3.1 billion (US$201,298,810) worth of climate projects, which does not include donor funded programs implemented by “other sectoral agencies” and NGOs, MEE Environment Analyst, and contributor to the MGF’s establishment, Aishath Aileen Niyaz told Minivan News.

In an effort to merge all the currently established trust funds in accordance with the government’s Biosphere Reserve sustainable development policy, President Mohamed Waheed Hassan Manik’s cabinet recently proposed the establishment of a Maldives Green Fund (MGF).

“The Maldives Green Fund is designed to work as a national entity that would comply with international fiduciary standards for enabling, appraising and financing projects,” explained Niyaz.

“The MGF will act as both a funder and guarantor of projects in the areas of renewable energy and energy efficiency, biodiversity conservation, water management, waste management and capacity building and research in these areas,” she continued.

The current US$9.5 million Climate Change Trust Fund (CCTF) and US$138 million the Sustainable Renewable Energy Project (SREP) have been designed to complement the MGF, with both projects allocating resources for MGF capacity building, according to Niyaz.

“It is envisaged that by the time these projects are concluded, the MGF will be in a strong enough position to take manage such funds and take on the lead responsibility for such projects and in the Maldives,” said Niyaz.

She further explained that to protect climate funds from fraudulent practices “checks and balances” are in place, such as government anti-corruption procedures derived from financial laws and regulations, as well as rules of the implementing international organisation.

Niyaz also claims that government instability has not affected climate finance in the Maldives.

“Since most of the [climate change related] projects were ongoing at the time of [the 2012 government] transition, there was no real impact on their implementation. Furthermore, the negotiations for pipeline projects continued on pace,” she stated.

Meanwhile, “It is a general concern from Transparency Maldives’ studies that institutions in the Maldives, including climate institutions, are in a state of flux and not consolidated. New ones are being created and existing ones inactive or ineffective. This results in confusion, waste, delays, and duplications,” states a Transparency Maldives (TM) MGF Policy Brief dated December 17, 2012.

TM estimates that approximately US$160.5 million is being spent on various climate adaptation and mitigation projects through externally funded grants and loans, while an additional US$ 279,480,275 is required for short-medium term (10 years) adaptation and a further US$ 161,500,000 will be needed for long-term (40 years) adaption, states a Transparency Maldives Climate Governance Integrity Mapping of Climate Finance draft report.

“The fact that the state is a transitional democracy, with only emergent institutions of horizontal and vertical accountability, has posed significant challenges to climate change governance. The lack of a legislative framework for the sector also exacerbates the situation,” said the report.

“Moreover, the country is grappling with corruption and lacks effective governance mechanisms to address the issue. In 2010, Maldives was placed at 143rd on Transparency International’s Corruption Perception Index, with an average score of 2.3, indicating that perceived levels of corruption in the country are very high,” it continued.

The Maldives lacks a comprehensible overall institutional framework and comprehensive policy for addressing climate change, which adds to the confusion of the existing climate change mandates, TM identified. Additionally, no comprehensive database of climate projects currently exists.

This has resulted in ad hoc monitoring and evaluation of climate projects and institutional rivalry between ministries, according to TM.

“Another major challenge in climate change governance is the lack of experts in this area. The key climate experts of the country have multiple responsibilities and a very demanding schedule to fulfill their obligations. They are on multiple governing bodies…,” noted the report.

TM also highlighted the challenges that exist for ordinary citizens to gain access to information, including climate change related projects, despite the existence of a regulation on the right to information.

“Given that most official institutions are based in the capital island of Male’, accessing these information is especially challenging for the majority of the population who reside in other islands,” the report stated.

“In principle establishing a ‘green fund’ to consolidate climate change mitigation and adaptation money is ‘ok’ as long as it adheres to international best practices and good governance standards,” Transparency Maldives Climate Governance Senior Project Manager Azim Zahir recently told Minivan News.

Transparency Maldives had not responded to enquiries at time of press.

MGF plan

“One of the aims of the Maldives Green Fund is to roll out the Baa Atoll Conservation Fund – the funding arm supporting the Baa Atoll Biosphere Reserve – model to the entire country,” said Niyaz.

“The MGF will provide access to funds in simpler procedures for the private sector,” she added.

Essentially the MGF will function “largely as a co-financier of projects, and will work diligently to engage the financial support of other sources”, states a December 2012 draft 2 of the MGF triennial spending strategy 2013-2015.

MGF financial support – in the form of direct grants, interest rate subsidies and soft loans – will be available to “public institutions (including schools, hospitals, etc), small and medium sized enterprises, NGOs, government institutions at all levels, and natural persons,” notes the document. However, it “should be additional to other available sources of finance and not a replacement for them”.

The Maldives government is to provide the initial capital for the MGF, totalling MVR 3 million (US$194,805).

“The Fund’s limited resources will not be used to finance projects or activities that should normally be undertaken by government institutions and financed by government budgets, e.g. compensation and salaries of government authorities, trips of governmental officials to conferences, development of laws and policies, etc.,” both the December draft spending strategy and October 2012 draft 1 operational manual specify.

Despite these proposed regulations for project funding, the December 2012 MGF draft 5 legislation, provides MGF board of directors members remuneration in the form of a “fee for their work” and “reimbursement of expenses” to attend board meetings.

“The level of fees for participation in the work of the Board of Directors shall be defined by the Board of Directors itself, taking into account compensation fees for Board of Directors members of similar government companies established in the Republic of Maldives and complying with the provisions of the President’s Decree as regards maximum permissible levels of administrative costs,” as stated in Fund Governence, section 2 article 12 of the MGF draft legislation.

Compensation for board of directors members is also included under administrative costs in the fund spending policy section four, article 12.

The MGF board of directors will be comprised of a chairperson from the MEE and representatives from the Environmental Protection Agency, Ministry of Finance and Treasury, Local Government Authority, Maldives National Chamber of Commerce and Industries, as well as Maldives Association of Tourism Industry and a non-governmental environmental organisation.

The 2013 budget will allocate US$166,320 for personnel compensation and US$7,000 for administrative expenditures.

However, the MGF education and research priority area will receive US$66,690.

As a supervisory mechanism, the MGF will establish an independent integrity unit and redress mechanism that will report to the board of directors, as specified in the draft legislation section 5 article 16.

“In line with the provisions of the President’s Decree, the Ministry of Environment and Energy [providing a chairperson for the MGF board] shall receive full and unrestricted cooperation from the Fund in order to exercise adequate administrative control and supervision of the Fund’s operations,” reads draft legislation section 2 article 43.

The draft legislation, operations manual, and triennial spending strategy documents were prepared by Æquilibrium Consulting for the MEE.

MGF recommendations

MGF documents, including the Operations Manual and Legislation were not provided to stakeholders like Transparency Maldives prior to the stakeholder conference on 11 December finalising MGF documents, TM claimed in their Maldives Green Fund Policy Brief.

Despite being given “insufficient time (a week)… to comment more specifically and comprehensively on documents of such a technical nature,” TM highlighted a number of MGF issues.

They recommend that the MGF be established through People’s Majlis (Parliament) legislation, notPresidential Decree, given that the “MGF is created to handle large sums of public money and projects and programme implemented for the public”, said the policy brief.

TM also identified the potential for MGF board members to have conflicts of interest which would “compromise independence of the directors” and recommended the government reconsider appointing an independent board.

They also “encourage that declarations of financial interests and disclosure of conflicts of interest be made public,” noted the policy brief.

Given that “minimal reference” is made to or incorporated from the Code of Corporate Governance, TM also recommended a code of conduct be established for all MGF employees which elaborates mechanisms, responsibilities, operations, and practices.

“Bringing forward” educational awareness and research activities is also emphasised, to ensure these activities “have the necessary impact during project cycles”.

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Comment: Small island state to superpower

“I would like to reassure all our friends in India, what it is and what it isn’t. We have status of forces agreements with more than 100 nations around the world. And these are basically agreements we have with partners where we have significant military activities, typically exercises.

“So for example, with Maldives we have coconut grove, which is an annual marine exercise. So the status of forces agreement helps to provides framework for those kinds of cooperative activities.

“And they are desirable things to have. But it does not in any way signify an expansion of our military presence or some major new development in the US-Maldivian military co-operation. It’s simply more of a framework to provide for (ongoing) co-operation…”

That was the US assistant secretary of state for South and Central Asia, Robert Blake, speaking to the Press Trust of India (PTI) on the question of a SOFA to be signed between the US and the Maldives.

In an interview on May 7, 2013 widely reported around the world, Blake is reported to have said; “I haven’t seen the draft agreement. So I can’t comment,” before confirming that the US is “in the process of negotiating one now”.

“These are standard texts round the world, nothing very secret about them,” Blake is reported to have said, adding; “I do not foresee that this (SOFA) is going to be difficult negotiations (with Maldives). These are the things we do with partners around the world,” he said adding that it might be very well should be able to signed very soon.”

Emphasis, here is my own, to highlight a confounding sentence which appears not only in the Zee News report shared by US @StateDept with Maldivian tweeps, but is reproduced in almost all media reports. Petty as this may be, but really, what does it mean?

(a) Maldives-US SOFA might be signed very soon.
(b) Maldives-US SOFA should be signed very soon.
(c) Maldives-US SOFA might very well be signed very soon.
(d) Maldives-US SOFA might be very well.
(e) Maldives-US SOFA it might be very well should be able to signed very soon.”

It might very well be simply an editor’s miss, reproduced by all.

Of more significance to me, is the fact that Blake could not verify the authenticity of the alleged draft of the SOFA agreement published on www.dhivehisitee.com.

“I haven’t seen the draft agreement. So I can’t comment,” Blake is reported to have said. Yet, instead of stopping at that, Blake went into a detailed explanation quite outside the real questions the leaked draft raises.

The US Embassy in Colombo had earlier confirmed to Minivan News that they are in discussion with the government of Maldives to sign a SOFA, but had not confirmed or denied the leaked draft is the draft under discussion.

The Maldives government has been far more elusive, the Minister for Defence Mohamed Nazim denying it all in an interview to local daily Haveeru published after the US Embassy had confirmed discussions were ongoing. But then Defence Minister Nazim is not known for his forthrightness or honesty in the Maldives or Sandhurst, from where he is reported to have been expelled for dishonesty.

All in all, what we have learnt so far is:

(a) What a SOFA is.
(b) What a SOFA is not.
(c) That there are US plans to sign a SOFA with the Maldives “very soon”.
(d) Maldives government is not comfortable acknowledging plans to sign a SOFA with the US.

Courtesy Ahmed Abbas (@Qaumuge Mehi on Facebook)

Very little has been said on the real subject of concern – the terms and conditions in the leaked draft SOFA – that gives US absolute access and free run in the Maldives, without check or restraint. The US can place boots on the ground if, when, where and how the US deem necessary at any given time during agreement period.

No?

Does “no boots on the ground” guarantee no boots on the ground in the future? What if America fears the rise of China and the advent of the “nightmare scenario”? How would the Maldives feature in such a scenario? What opportunity does SOFA provide if the US deems it necessary for the US to “be operational” in the Maldives to “watch terrorists,” “protect waters,” ensure regional security or any other such purpose necessary for “reasons of security”?

The United States, together with India, were the first to accept the February 7, 2012 transfer of power in the Maldives. They reacted even before the people of Maldives did, shocked as the public were by the scenes of February 6 and 7, 2012 and the weeks leading up to it, they had witnessed live on local TV. By the time public reacted on February 8, 2013, and the overwhelming public support for President Nasheed became too obvious to be dismissed, the coup had been stamped legitimate by both India and the US.

To their credit, both US and India did step back a bit, but the US has not only continued its support to the government but has worked closely with the coup leaders, strengthening the coup-backing military, bringing in PISCES, the border surveillance system, and now the SOFA.

The US has no diplomatic presence or shoes on the ground in the Maldives, but has been on the ground far more than usual, with diplomats from Colombo flying in regularly and US missions on the ground almost monthly.

So, what could be Dr Waheed’s game plan? Given that it is undeniable that Mohamed Nasheed would win the public vote and there are less than a 100 days to voting, why is Dr Waheed sitting so comfortable? What could be Waheed’s surprise manifesto?

The only thing left now for Dr Waheed to come up with is Green Cards for all!

Dr Waheed, who is himself said to be a US permanent resident or Green Card holder, might very well be planning a bigger surprise with his ‘Forward with the Nation” campaign; taking the Maldives all the way from a small-island-state to a superpower, in less than five years.

A novel strategic pivot for the US as it stands to gain not only the SOFA and retain Coconut Grove, but gets to have its very own 100 percent Islamic State within the United States which would no doubt please the Islamists in the Maldives, the US itself, and outside.

The greening of Male’ initiated just this week by the Maldives Police Services too, all suggest Dr Waheed may go green, and issue Green Cards for all.

Would the people of Maldives vote to be the 51st State?

Aishath Velezinee (@Velezinee on twitter) is an independent democracy activist and writer. She was the Editor of Adduvas Weekly 2005-07 and served on the Maldives’ Judicial Service Commission (2009-11). She claims the Commission she sat on breached constitution in transition; and advocates for redress of Article 285, and a full overhaul of the judiciary as a necessary step for democracy consolidation.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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MDP MP Imthiyaz to face charges of “disobeying orders” for criticising judiciary

Opposition Maldivian Democratic Party (MDP) MP Imthiyaz ‘Inthi’ Fahmy – who is also one of the party’s spokespersons – is set to face another criminal charge of “disobeying orders” over allegedly contemptuous remarks he made against the judiciary during a television show.

Earlier in April, Fahmy told Minivan News that Police had begun investigation of a case filed by the Department of Judicial Administration against him, over his allegedly “contemptuous remarks” against the Supreme Court and its judges.

Police Media Official Chief Inspector Hassan Haneef told Minivan News at the time he was “unsure” whether police were currently investigating the matter, but said cases concerning contempt of court had previously been investigated and sent for prosecution.

In June 2012, police sent a case concerning Imthiyaz Fahmy for prosecution, requesting he be charged with disobeying orders, obstructing police duty and physically assaulting a female police officer during an MDP demonstration on May 29, which had followed the dismantling of the party’s protest camp at Usfasgandu.

In a subsequent statement condemning “excessive use of force” against demonstrators, Amnesty International stated that according to Fahmy, “police in Dhoonidhoo told him he was arrested for ‘disrupting peace’.”

“The next day in court, police stated that he had been detained for ‘physically attacking a woman police officer.’”

Fahmy denied the charges pressed against him by the prosecution.

In the  latest case, Fahmy will be prosecuted under section 88 of the Penal Code for disobeying legal orders.

Section 88(a) states – “It is an offence to disobey an order issued lawfully within the Shari’ah or Law, person guilty of this offence shall be subjected to a punishment of exile or imprisonment or house detention not exceeding 6 months or fine not exceeding MVR 150.00 (US$9.73)”

Speaking to Minivan News earlier regarding the charges, Fahmy claimed the judiciary was attempting to silence elected members of the public, and that allegations of contempt of court were a facade.

“People elected me to find faults in institutions such as the courts and find ways to reform them, to correct those faults. I have been elected as a member of parliament by the people to talk about such issues and that is my responsibility. It is a duty vested in me by the people and I will remain firm in executing that duty,” Fahmy said at the time.

He further claimed that discrepancies and flaws within the courts were already being widely discussed by the general public.

“The courts themselves do not comprehend the real meaning of the concept of judicial independence,” he claimed.

“They should also understand that dignity and honour is not a one-way train. It goes both ways. Their actions should be of a standard and performed in a transparent fashion so as to have dignity,” he said.

“The first thing is that the judges were wrongfully reappointed. The constitutional provisions indicate that the judges were appointed by the Judicial Service Commission (JSC) wrongly without proper consideration being given to Article 285 of the constitution. That is unconstitutional.”

Fahmy – who is a lawyer himself – claimed that other powers of the state including the legislature and the executive had been set up in accordance with the 2008 constitution and that it was only the courts and the judiciary that had failed to be established in accordance with the new constitution.

“Am I being punished for coming out and speaking the truth? What is so wrong about reiterating the same facts that are being highlighted by several respected international authorities on the same issue?” he questioned.

Apart from Fahmy, cases against several other MDP MPs are either being currently investigated or being heard in the courts including that of MP Ali Waheed (the party’s Deputy Parliamentary Group Leader), MP Hamid Abdul Ghafoor (the party’s spokesperson for international affairs), MP Abdulla Jabir, MP Mohamed ‘Matrix’ Rasheed and MP Ibrahim ‘Bondey’ Rasheed.

Charges faced by the MPs include contempt of court, obstruction of police duty as well as the offence of consumption of alcohol.  According to the constitution, a member of parliament loses his seat should he be convicted of a criminal offense that requires serving a sentence longer than a period of 12 months.

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Journalists important for consolidating democracy: Parliament Speaker Shahid

Journalists play an important role in consolidating democracy in the Maldives, said Parliament Speaker MP Abdulla Shahid.

Shahid made the remarks while speaking at the official inauguration of Channel News Maldives (CNM) held last night (June 3) at Trader’s Hotel in Male’.

CNM Chairman Mohamed Ali Janah, senior dignitaries of the state, reporters from various media outlets, as well as members of the Maldives Media Council and Maldives Broadcasting Corporation also attended the launch ceremony.

CNM was registered as a newspaper on 3 May 2011 at the former Department of Information.

“The saddest thing that can happen is for the legislative body to try to tie down the journalists,” said Shahid.

Shahid emphasised that the country needs journalism that adheres to proper ethical standards and conduct. He also stated that journalists must remember they have to present themselves to the public daily and the public will not accept false information.

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Two Bangladeshis caught naked, arrested for alleged prostitution

Two people allegedly engaged in prostitution were arrested yesterday (June 3), reports local media.

The 19 year-old male and 25 year-old female Bangladeshi nationals were caught naked, police told local media.

After a supposed tip-off the individuals were arrested at approximately 1:30pm in Male’s Heinveiru ward from Kandufinige house, located opposite the Shaheed Ali Mosque.

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Maldives turning into ‘terrorist haven’: Eurasia Review

A Nasheed government would “need external assistance to keep this strategic island nation out of the hands of Islamic extremism Wahabism and Salafism,” writes Bhaskar Roy for the Eurasia Review.

“It is known that an increasing number of youths are going to Saudi Arabia and Pakistan to study in Madrassas, which impart extreme religious education and encourage jihad.

“Finances are also coming in from Saudi, Kuwaiti and other NGOs. This happened in Bangladesh in the 1990s and early 2000, leading to a burst of Islamic terrorism, which continues to haunt the country.

“A new group called the Hifazat-e-Islam, Bangladesh (HIB) recently tried to hold the government hostage, demanding Sharia Law. The Hifazat had backing from the Jamaat-e-Islami (JEI) and the main opposition party. But the government in Bangladesh was strong enough to put down the challenge. This is not over, however.

“What kind of chance do the moderates in Maldives have when the Wahabis and Salafis launch their siege? In Maldives, the women and girls are increasingly taking to burkha/hijab in fear of retribution. With bans on anything remotely seen as un-Islamic, there is no breathing space or food for the mind. The Maldives is a country of around 1,200 islands, reefs and atolls, with barely 400 of them inhabitated. Around 30 per-cent of the country’s foreign exchange comes from tourism. The tourism industry is under attack with alcohol being prohibited in most places, extending gradually to tourist resorts. When dress codes are extended to tourist resorts, this industry will die.

“The strength of religious extremist groups lies in keeping the people poor, uneducated and unenlightened. Men from such backgrounds easily become soldiers of religious jihad as is seen in Pakistan, for example.

“The Maldives, under the current disposition, has all the potential to become a sanctuary for jihadists. If Waheed wins the elections later this year, India will become one of the jihadi targets. People in Maldives have links with the Al Qaeda and Pakistani organisations, like the LeT. Islamic extremism today is no longer handled by individual organisations. They have become an industry with organisations supporting each other. Lone-wolf terrorism that was recently witnessed in UK and France is a new challenge.

Read more

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President meets Commonwealth special envoy, US ambassador in Male’ yesterday

The Commonwealth Secretary General’s special envoy Sir Donald McKinnon met President Dr Mohamed Waheed in Male’ yesterday as part of a “courtesy call” to discuss issues including efforts to ensure free and fair elections later this year.

The meeting was held the same day that the president also met with Ambassador of the United States accredited to the Maldives Michele J Sison to discuss political and economic stability, as well as the importance of having international election observers in the country.

According to the President’s Office website, during yesterday’s meeting with McKinnon, Dr Waheed also spoke of the need for “political reform” in the Maldives. The Commonwealth meanwhile said it would look to extend its support to the Maldives’ electoral process.

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Military dismisses alleged planner of Afrasheem murder

The Maldives National Defence force (MNDF) has dismissed Corporal Azleef Rauf over his alleged involvement in planning the murder of MP Dr Afrasheem Ali.

Azleef was dismissed for “disorderly conduct”, as well as “repeated actions that would harm the reputation and dignity of the armed forces”, according to the MNDF.

Azleef was arrested in relation to the Afrasheem murder case on May 23, and during a recent court hearing to extend his detention period, police accused him of terrorism, intimidation, gang crimes, operation of gangs, and using gangs to plan crimes, according to local media.

The prime suspect in the Afrasheem case, Hussain Humam Ahmed, accused Azleef of planning the murder of the MP during a recent Criminal Court hearing.

Additionally, Azleef was also previously apprehended for mugging, according to local media.

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MDP files motion calling government to address judicial issues highlighted by Special Rapporteur

The opposition Maldivian Democratic Party (MDP) has filed a motion calling the government of President Mohamed Waheed Hassan to address issues highlighted in the report by United Nations Special Rapporteur (UNSR) on Independence of Judges and Lawyers, Gabriela Knaul, concerning the country’s judiciary.

Knaul’s final report to the UN Human Rights Council extensively outlined the political, budgetary and societal challenges facing the judiciary and wider legal community, as well as the politicisation of the Judicial Services Commission (JSC) and its failure to appoint qualified judges under Article 285 of the constitution.

The Special Rapporteur also expressed “deep concern” over the failure of the judicial system to address “serious violations of human rights” during the Maldives’ 30 year dictatorship, warning of “more instability and unrest” should this continue to be neglected.

“It is indeed difficult to understand why one former President is being tried for an act he took outside of his prerogative, while another has not had to answer for any of the alleged human rights violations documented over the years,” Knaul wrote.

The motion, filed by MDP MP Imthiyaz ‘Inthi’ Fahmy, was debated during the parliamentary session held on Monday. The motion was passed by 23 out of 34 members present during the session, while nine members voted against it.

Presenting the motion, Fahmy said the judiciary was impaired after it appointed the judges for life, without considering the constitutional provisions specified in article 285 of the constitution.

He contested that the JSC, instead of ensuring that the judges met the required standards befitting an independent judiciary, had lowered the standards to ensure all existing judges were qualified to sit on the bench for life, plunging the whole judicial system into chaos.

Due to the JSC’s decision to lower the standards, judges accused and in some cases convicted of criminal wrongdoing had been reinstated, he contended.

Fahmy further contested that every citizen of the country was entitled to the right to get a fair hearing and that not even the Supreme Court could undermine such a fundamental right.

He noted that the judiciary disregards any remark made that highlight its own flaws, dismissing them as attempts to tarnish the image of the judiciary and lower its image among the public.

Parliamentary debate

Jumhoree Party (JP) MP Abdul Raheem Abdulla raised doubts over the legitimacy of the current membership of the JSC, highlighting that current Attorney General Aishath Bisham – who by virtue of her position is also a member of JSC – is yet to be endorsed by the parliament.

Local media alleged that Aishath Bisham had taken part in the vote taken during the JSC meeting in which it decided to indefinitely suspend the Chief Judge of High Court over a complaint filed a year ago.

Abdul Raheem Abdulla also questioned the legitimacy of the position of Civil Service Commission (CSC) President Mohamed Fahmy Hassan, who was removed from his post by parliament reinstated after the Supreme Court overturned parliament’s decision.

In March, the Supreme Court ruled 6-1 that Mohamed Fahmy Hassan would receive two punishments for the same crime if he was convicted at court following his dismissal by parliament (double jeopardy).

The doubts surrounding the legality of these people sitting in the JSC posed questions over how just a decision by JSC could be, Abdulla Abdul Raheem said.

He further contended that the JSC had been overpowered by political influence both internal and external, however maintained that no one should meddle with the affairs of the court.

JP’s own leader, resort tycoon and MP Gasim Ibrahim, also sits on the commission.

However, tourism magnate Ahmed ‘Sun Travel’ Shiyam’s Maldivian Development Alliance (MDA) MP Ahmed ‘Aims’ Amir spoke in favour of JSC, stating that he saluted the commission for completing the appointment of judges within the time frame required by the constitution.

Amir claimed that the two parties had agreed with the appointment of the permanent Supreme Court bench, but were now criticising the bench because it did not work to their pleasure.

Government-aligned Dhivehi Rayyithunge Party (DRP) Parliamentary Group Leader, Ahmed Mausoom, said Special Rapporteur Knaul had asked to resolve the issues through dialog between the authorities, and noted that her recommendations included amending the constitution.

Other recommendations, Mausoom said, included changing the composition of the JSC, and calling on political parties to work on creating awareness among the public of the laws of the country and its constitution, and speeding up the legislative process.

Opposition MDP Deputy Parliamentary Group Leader MP Ali Waheed meanwhile accused the JSC Chair Justice Adam Mohamed of being a “gang leader”, and said the only way to reform the judiciary was through direct action by the people.

Another MDP MP, Abdul Ghafoor Moosa, claimed that presidential candidate of the Progressive Party of Maldives (PPM) Abdulla Yameen, and JP MP Gasim Ibrahim were key conspirators behind the sabotage of the judiciary.

Government’s response

Following Knaul’s report, the government of President Waheed responded with a statement that “international actors should not undermine national jurisdiction and the court system of any country”.

The statement was issued on May 28 via Permanent Representative at the UN Human Rights Council in Geneva, Iruthisham Adam, who further said that the Maldivian delegation, in light of the report, “wishes to discuss specific matters contained in the report with the Rapporteur”.

At the same time the statement “welcomed” the UN Rapporteur’s report and “fully acknowledge[s] that the various challenges she has identified and raised in her report are in fact the residue challenges present in a system in the midst of democratic consolidation.The Maldives judicial system continues to be hampered by structural deficiencies and resource constraints in addressing the difficult challenges facing the country in general.”

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