CMAG delays decision on Maldives

Following its teleconference yesterday, the Commonwealth Ministerial Action Group (CMAG) has delayed its decision on the Maldives’ potential removal from its investigative agenda until its next meeting on September 28.

Yesterday’s meeting was attended by all member countries, as well as the Commonwealth Secretary General Kamalesh Sharma and Special Envoy to the Maldives Sir Donald McKinnon, who had visited country earlier this week.

President’s Office Spokesman Masood Imad expressed confidence that the country would be taken off the agenda at the next meeting, saying that this move had been supported by all but one of those present for the teleconference.

“We have given in to all their demands. CMAG has been so much a part of our lives that we wanted to get out of it,” said Masood.

However, former Foreign Minister and current UN Special Rapporteur to Iran, Dr Ahmed Shaheed said that the Maldives’ removal from the agenda would be “a travesty”, given the government’s “reprehensible actions” following the CNI’s release.

“Things are not going well in the Maldives – the government is intent on persecuting Nasheed and the MDP (Maldivian Democratic Party)”, he added. “They seem hell bent on repressing the people.”

There have been strong calls from within the government for the country to be removed from the agenda after the Commonwealth’s approval of Commission of National Inquiry (CNI) which appeared to absolve government figures of any wrongdoing in the resignation of former President Mohamed Nasheed in February.

The release of the report was initially welcomed by a members of the international community, including, the EU, the United States, India, and the UN as well the Commonwealth itself.

“There was an expectation from the government that CMAG would rubber stamp the CNI report – this is far from realistic” said Shaheed, who suggested that these groups were welcoming the report’s release without necessarily welcoming the findings.

Observers representing the UN and the Commonwealth praised the independence and professionalism of the report.

CMAG placed the country on its formal agenda in February after it expressed its concerns over the precise nature of Nasheed’s resignation.

A member of CMAG itself, the Maldives was subsequently suspended from the group.

Local media yesterday reported that an emergency meeting of the cabinet had been called yesterday, although no details of the meeting had been revealed.

Today, Masood explained that the cabinet meeting was called simply to prepare for the CMAG’s anticipated decision.

“It is normal procedure to be prepared in this way, “ he explained.

Prominent members of the government, including State Minister for Foreign Affairs Dunya Maumoon, as well as Special Advisor to the President Dr Hassan Saeed have suggested that the Maldives may leave the Commonwealth should it not be removed from the CMAG agenda.

“I would now argue that if CMAG does not remove the Maldives from its agenda in its next teleconference on 11th of this month, we should end our relationship with the Commonwealth and look to other relationships that reflect modern realities of the world,” said Saeed in an article written for local newspaper Haveeru.

Dr Hassan was not responding to calls at the time of press.

Home Minister Mohamed Jameel Ahmed, told Minivan News earlier this week that Commonwealth should refrain from dictating the country’s national priorities.

“We appreciate their engagement, but [the Commonwealth] should also recognise our need to move forward and allow us to find local solutions to local problems,” said Jameel

In a statement sent to CMAG in preparation for the teleconference, the government maintained that the Maldives should be removed from the agenda, and that it should not have been placed on it in the first place.

“There is simply no justification for keeping the Maldives on the [CMAG] agenda,” read the statement, which went on to list reasons in support of its removal.

The reasons given, other than the apparent exoneration of the government by the CNI report, included its commitment to investigate issues of police brutality, the atmosphere of relative calm currently prevailing in the capital, and the detrimental effect being on the CMAG agenda was having on tourism and foreign investment.

The statement did, however, make mention of the government’s interest in expanding cooperations with the Commonwealth, particularly along the lines of strengthening institutions and “cultivating democratic values in the society.”

Shaheed today insisted that there was ample scope for the country to be kept on the agenda, drawing attention to CMAG’s revised mandate of October 2011, which he noted was championed by Nasheed himself.

“The revised mandate is not so much a punishment for countries but a safeguard for the people,” he said.

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US provides US$20,000 to restore vandalised artifacts in national museum

The United States has provided a financial assistance of US$ 20,000 (MVR 308,400) to the National Museum to help restore and repair artifacts placed in the museum.

The assistance was provided from the Ambassador’s fund and was handed over to the government of the Maldives by the newly appointed Ambassador to Maldives and Sri Lanka Michele Sison.

Speaking during the ceremony, Sison stated that the financial assistance represented the importance that the United States gave to the museum.

The national museum was not only important to tourists, students and visitors who frequently visit the museum.

“This museum is also very important to researchers and scholars therefore it is very important the relics be preserved,” she added.

Deputy Director General of the Heritage Department Ali Waheed told local media that when the museum first opened in July last year, it was not in the best conditions and therefore some amount of the funding would be spent on upgrading the facilities.

He also said the museum is talking with the US to send some of its staff abroad for training. The restoration of the damaged artifacts was also a priority.

Waheed said that on February 7 a group attacked and vandalised the artifacts in the pre-Islamic section, and the hall which was used to display the artifacts had to be closed for repairs.

Speaking to Minivan News, Assistant Curator of the Museum Ahmed Ashraf told Minivan News that they had not yet confirmed “how the funds will be spent, but most likely it will be used to repair some damaged artifacts, bring in technical expertise as well as train the staff working here in the museum.”

“We sent the proposal to get funds before February 7. However following the damage incurred to the artifacts during the mob attack on February 7, they took a report from us about the damages. The funding includes the repairing of the damaged artifacts on February 7 and other artifacts as well,” Ashraf said.

He added that there was a “lot of damage done to the artifacts” on February 7 and “unfortunately some of the artifacts were totally destroyed and cannot be recovered.”

”Most of the artifacts were made from limestone and it is not as easy as fixing something made of wood. So a lot of work needs to be done,” he said.

The Buddhist statues were destroyed by mob in an act of vandalism a museum official described at the time as causing “unimaginable damage” to Maldivian heritage.

A group of five to six men stormed into the building twice, “deliberately targeted the Buddhist relics and ruins of monasteries exhibited in the pre- Islamic collection, destroying most items beyond repair.”

“This is not like a glass we use at home that can be replaced by buying a new one from a shop. These are originals from our ancestors’ time. These cannot be replaced ever again,” the official exclaimed.

According to a source, a coral stone Buddha head, an 11th century piece recovered from Thoddoo in Alifu Atoll, was smashed up by the attackers. It was one of the most significant pieces at the museum.

In May the Maldives Police Service (MPS) forwarded a case to the Prosecutor General against four persons suspected of destroying the historical artifacts.

Police Sub-Inspector Hassan Haneef told Minivan News at the time that no information could be revealed regarding the identity of the four suspects. A number were detained at the scene following the incident, however no formal arrests were made.

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Hospitality expo head claims record exhibitor numbers defy impact of Maldives “unrest”

The 2012 Hotel Asia Exhibition and International Culinary Challenge is said to be at maximum capacity in terms of exhibitors this year – a trend organisers have claimed defies the negative impact to the industry of unrest in the Maldives during the last six months.

Husnie Rauf, Senior Manager of Maldives Exhibition and Conference Services (MECS), said the company had been “surprised” by the interest shown from exhibitors taking part in the show, which attempts to link the country’s secluded resort industry and local hotel trade with “world class” suppliers. Over the last decade, the exhibition has also held a culinary challenge that sees representatives from the resorts of the Maldives and neighbouring Sri Lanka competing in cuisine challenges, Rauf added.

“With all the political uncertainty this year, we have been surprised that we have a full house, we have even had to reject some applications from exhibitors and contestants for the culinary challenge,” he said.

“We have grown this year to be the country’s biggest ever exhibition with over 150 companies exhibiting at present.  These companies represent groups some 40 to 50 different countries. Right, now we are at capacity and cannot handle any more attendees.”

The three day-exhibition, which concludes today at Male’s Dharubaaruge conference centre,  aims to provide a diverse range of good and services; from fine foods and drink, to boating supplies and renewable energy technology.

Amongst the attendees was Desmond James, Director of Indonesia-based Hospitality Essentials, a supplier of hotel accessories such as soap dishes, dispensers and waste bins that he says presently works with between 30 to 40 of the country’s resorts.

James, who has attended the exhibition in the Maldives for several years, told Minivan News the expo remained a good opportunity for doing business in the country, as well establishing new contacts in the market.

However, he questioned whether claims from the event organisers about record exhibitor numbers reflected actual growth in the number of individual participants.

“I would say claims about a record number of exhibitors here could be a bit misleading, I think what you have are a number of larger booths, which perhaps take up the space that would be used by several exhibitors,” he said. “It is a good show, one of two that we participate in the Maldives along with the MHTE [Maldives Hotel and Trade Exhibition] event,” he said.

Having built a network of contacts in the country over the last five years, James said the expo, in reflection of the continued growth of the Maldives island resort model, did provide real opportunities to expand business.

“Our operations here are based on a combination of established contacts and meeting new companies. There are always new projects happening here and it is also a good way to catch up with familiar faces,” he added.

James claimed that for this year’ show, heavy rain in the Male’ area during the event’s first day negatively impacted the number of visitors, but added that improved weather conditions yesterday helped a much better turnout.

However, he stressed that the event itself continued to retain a strong focus on food products and services rather than the wider supply chain. James believed that such a focus limited some of the potential value for resort operators and key local industry players in attending the show.

Elsewhere on the convention centre’s first floor, alongside Sri Lankan real estate specialists, beverage groups and major multi-nationals like ingredients manufacturer Barry Callebaut, was a stand specialising in renewable energy technologies.

Over the last few years, successive governments in the Maldives have pledged to try and develop a more sustainable economy for the Maldives – commitments that have also been adopted by some resort groups to play up their eco-credentials.

Guy Sizer, who represents a group called South West Windpower at the show, concurred that the expo was something of an “unusual” event for a specialised energy-focused tech company to be taking part in considering the seemingly large focus on food and beverages.

However, Sizer added that for local partners based in and around the Maldives, the show over the last few years had remained “pretty useful” in order to build contacts with the local resort industry and discuss adoption of renewable technologies.

“There is certainly interest it seems in the local population regarding renewable energy, particularly as fears grow over the cost and reliance on diesel here,” he said.

Sizer said that from a Maldives perspective, there had been a great deal of interest in alternative energy supply from local people, however he added these ambitions had not always been backed up with investment.

“There is a strong correlation with what is going on in the Maldives in terms of renewable energy developments and what is going on in nearby massive economies like India, which has been experiencing energy shortages,” he said. “There is interest here even in the local population for renewable energy schemes, and we have some work ongoing here to that end. But as far as direct results go, we think that there stills needs to be a practical reference site here in the Maldives to show the applications of renewable energy technologies.”

In terms of business at the expo, Sizer said that several resort groups had been in contact over the last few days to discuss the possibilities of adopting renewable energy services such as off-grid wind technology.

As well as a potential hub for renewable energy development, the Maldives has continued to push its reputation as a high-end luxury destination.  As a result, the sourcing of goods like European cheeses, meats and other delicatessen specialities were well represented at the event.

One such supplier of these products is Deli United, which has combined a stand providing guests with fresh fruits from across the wider South Asian region, with matured Swiss cheeses and fine slices of meats usually experienced at the country’s resort properties rather than exhibit halls.

Whilst providing guests and exhibitors with combinations of fine cuts of deer with varieties of European cheeses, a company representative explained that the Maldives provided a unique market for high-quality foodstuffs.

“The market we are aiming for here in mainly the resorts, we have interest from local people, but in general they do not have the traditions of enjoying these sort of cheeses,” the representative said. “This is a very strong market, visitors spend a lot of money on food. With the products I have, I like to think of myself as something of a food missionary when it comes to my produce.”

Despite targeting the country’s resort industry, which was not subject to the same restrictions the country’s inhabited islands were in terms of banning the sale of alcohol and pork products, the company representative said he had tried to select a wide number of products like beef ham and duck pates for guests to sample at the event.

Beyond specialist products like cheeses, pate’s and meats, Kapila De Silva, Marketing Manager for Sri Lanka-based Sadaharitha Agri Farms and Exporters, said the Maldives also presented a strong market for more everyday items like fresh fruits and vegetables, considering the country’s limited food production output.

“Obviously you have a very luxury-focused market here, so of course, resorts will be expected to provide very high-quality fruits and vegetables to guests,” he said. “They expect the best-quality goods.”

Having attended the Hotel Asia Exhibition for the last few years, Kapila claimed that his company now worked with a growing number of resorts to provide a range of produce from more standards fruits and vegetables to specially developed products like square melons, which he added could also be embossed for individual properties.

“Our plantations in Sri Lanka allow us to provide a large amount of fresh produce,” he said. “Being so close to the Maldives,the country represents a very important market for us, with our low, medium range and higher altitude plantations, we really can supply a very large number of products.”

While Kapila claimed that recent political uncertainty had not seemed to dampen demand from the Maldives for fresh produce, he claimed that the company still faced challenges in supplying goods to the country.

“There are still some barriers here in the Maldives in terms of logistics. Basically we need to clear customs and have our products get out to the resorts as soon as possible.  At times this process can take up to seven or eight hours to have them processed.  This threatens the quality of our goods,” he said. “We would like to see more work conducted here in terms of logistical support as a number of resorts are not close by to the airport. Guests expect the highest quality products here in the Maldives, this includes fresh fruit and vegetables.”

Culinary challenge

The exhibition’s organisers added that beyond business relationships, equally important to the development of the Hotel Asia expo during the last ten years had been the culinary challenge, which is held alongside the trade show in the Male’ convention centre.

An estimated 35 chefs are taking place in this year’s event, which is divided into a number of categories to contest three main awards including ‘Best Culinary establishment’, ‘Top Maldivian Chef’ and ‘Most Outstanding Chef’.

Bruce Woolner, Operations Manager for Chef Middle East, a supplier working with a number of the country’s resorts, contended that the strong focus on food at the show -particularly through the culinary competition – was important for the ongoing development of the industry locally.

“It’s a very good way of engaging companies to take part, but also it’s way to positively talk up the industry in this country and that is something that is not done enough,” he said.

Husnie Rauf agreed that the competition was an important part of attracting the local and multinational resort operators to the event, with many locally-based chefs travelling to Male’ specifically for the event.

From the perspective of MECS, Rauf claimed that Hotel Asia continued to be the largest event of its kind for business in the Maldives.

But what prospects are there in the future for other major events?

Rauf added that after launching the Hotel Asia show back in 2000, a number of additional exhibitions targeting the local business community had been started up in the country.  These included a boat show that had been run by MECS up until 2008.

“We got to a point where there wasn’t a lot of investment in boats at the time due to a global economic downturn. We also used to run a construction-themed event in the country, but this hasn’t been held since 2009 again because of the economic climate,” he said.

“Right now we continue to manage the Hotel Asia exhibition and our education fairs. There continues to be strong interest for these services in the Maldives, particularly among Maldivians looking to study abroad.”

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Moderator of All-Party Talks resigns as MDP withdraws

Convenor Ahmed Mujuthaba has resigned from the All-Party Talks.

The talks were envisaged by India as a means to resolve political tension in the country as one track of the international community’s response to the situation, together with the Commission of National Inquiry (CNI), but have since been eclipsed by the leader’s dialogue talks.

The CNI recently released its report stating that there was no coup in the Maldives, that Nasheed did not resign under duress, and that no police mutiny took place.

In a press release issued by the talks’ secretariat, Mujuthaba stated two specific reasons for his decision to resign.

The first reason was that the Maldivian Democratic Party (MDP) had declined from participating in the talks at present, Mujuthaba stated. As the All-Party Talks have now been converted to Leaders’ Dialogue, which is limited to parties that have parliament representation, he suggested that the talks could be continued within parliament itself.

The MDP has released a statement last night stating the party had decided in its National Executive Council meeting to stop participating in the talks for the time being. While it further states that this is not a permanent withdrawal from the discussions, the statement does not cite the reasons behind the decision.

President’s Office Media Secretary Masood Imad however said to Minivan News today, “Mujuthaba has resigned. What more is there to say? MDP has hijacked the all party talks.”

He declined from commenting on whether the Leaders’ Dialogue meeting scheduled for this afternoon would still be held.

At the initial Leader’s Dialogue meeting of 2nd September, the MDP Chairperson’s request for placing the issue of MDP’s role in the government on the discussion agenda gave rise to dissenting opinions through the coalition.

President Waheed had later stated that there was no possibility of MDP joining the unity government.

President’s Advisor on Political Affairs Ahmed Thaufeeg, earlier this month was quoted in local media as stating that MDP should attend the Leader’s Dialogue accepting that there would be no discussions concerning early elections, no chance of the party joining the current government, and that the party should have no further conditions.

Ahmed Mujuthaba was not responding to calls at the time of press.

MDP International Spokesperson Hamid Abdul Ghafoor told Minivan News today that the party had temporarily withdrawn from the All Party Talks for the purposes of ‘reconsideration and re-engagement’.

Hamid said that on August 14 the MDP had taken the initiative to suggest holding talks between the parties represented in the legislature, but the proposition had initially been rejected by the government, who wished to have the talks after the release of the CNI report.
According to Hamid, the MDP came to the decision to reconsider participation because the government was unwilling to address a number of important issues, ranging from declaring the political alignment of the current government, taking action against police brutality as noted in the CNI report, and the possibility for early elections.
Hamid further said the the party believed that for the talks to be successful, it needed a strong convener and that this needed to be facilitated by the international community.
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Police arrest staff, landlord of ‘Sondo Bon Beauty Care’ salon on charges of prostitution

Police raided the Sondo Bon Beauty Care Salon on Monday night following reports that a group of people were conducting a prostitution ring inside the salon.

Police raided the salon at 8:00pm on Monday night and arrested three Thai women and two Maldivian men.

According to police, the Thai nationals were aged 21, 24 and 36 and the Maldivian men arrested were aged 30. The landlord was 65 years-old.

Police obtained a search warrant from the court and discovered items used for sexual purposes, as well as MVR 68,000 (US$4415) and US$200 in cash.

Police said it was the second time police had to close the business. According to police, the same business was closed during an operation police conducted on May 2.

Those arrested were brought before the court which extended the detention period of the Thai nationals and the landlord to 15 days. The other men were sentenced to 10 days in custody.

Previously, the Islamic Ministry claimed police had confiscated MVR 63,000 and US$2,640 allegedly obtained through prostitution.

In the most recent salon raided, police discovered materials used for sexual activities, as well as controlled drugs,  US$2000 in forged currency, a large amount of money suspected to have been gained through prostitution, five bottles of unspecified alcohol, and a further three empty bottles.

Shutting down spas and massage parlors doubling as brothels was a key demand of a ‘mega protest’ on December 23 organised by eight political parties and religious NGOs to ‘Defend Islam’ against the allegedly liberal policies of the ousted Maldivian Democratic Party (MDP) government.

Adhaalath Party President Sheikh Imran Abdulla claimed during the December 23 demonstration that there were over 60 brothels operating in Male’ alone, double the number of mosques in the capital.

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Trouble on Thamburudhoo: ESPN

“It has to be stopped,” said Occy succinctly, talking with a small group of local Maldivian surfers. “They can’t develop this place, it can’t happen.”

“Places like this, we need them, ” reiterated Tom Curren. “They can’t be closed to surfers, they can’t be closed to anybody. How can you close the ocean?”

Former ASP world champions Martin Potter and Damien Hardman shared similar sentiments while participating in the recent Four Seasons event in the Maldives, writes Jake Howard for ESPN.

The situation on the ground, or the atoll, as the case may be, is that currently the Maldive’s Ministry of Defense are in negotiations with an American development company, Telos Investment, to build a resort on the island of Thanburudhoo, home to two of the northern Maldives best waves; a right-hand point/reef called Sultan’s Point and a left named Honkey’s. The concern of the Maldive Surfing Association (MSA) is that the island’s develop, which was once a training ground for the military, would in essence privatize the two prized breaks.

“There are approximately 100 surfers at Thamburudhoo each day, including surfers on safari boats, surf camps on local islands, tourists from nearby resorts, and locals,” reads the MSA’s impact report. “Currently there are four available surf breaks. If Thamburudhoo becomes exclusive that number is halved to two. The remaining two waves on Himmafushi and Thulusdhoo cannot cater to the escalated number of surfers.”

“We do not have any intention of closing the surf breaks,” said Minister of Defense and National Security Mohamed Nazim in a conversation aboard the Four Season’s surf charter boat “The Explorer.”

He added, “The deal may involve perhaps charging some kind of fee to use the breaks, but we do not want to close them completely. I know this because I am the one that is directly involved in putting it together.”

Read more

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India grants further US$25million to Maldives

India has granted a further US$25million to the Maldives as part of the $US100million standby credit facility agreed during last November’s official visit from Prime Minister Manmoham Singh.

Indian High Commissioner D M Mulay signed the agreement with Minister of Finance and Treasury Abdulla Jihad at the Indian High Commission, local media reported.

Mulay, who was not responding to calls at the time of press, said that the deal represented the third instalment of the credit facility, with the previous two instalments having amounted to US$50million.

The previous tranche of US$30 million was released following President Waheed’s first official visit to India in May.

Mulay is also reported to have said that the rest of the promised credit will soon be handed to the Maldivian government:  “The paperwork on the agreement is being processed now, the amount will soon be awarded to the Maldives,” Haveeru quoted Mulay.

A standby line of credit is normally forwarded to countries which have reached macroeconomic sustainability but experience short term financing issues.

The release of this credit comes just days after Waheed completed his first official state visit to China.

During this trip, Waheed finalised agreements for a US$500 million Chinese loan with the assurance of more aid available when needed.

The loans, equal to nearly one quarter of the Maldives’ GDP, are said to include $150 million (MVR2.3billion) for housing and infrastructure, with another $350million (MVR5.4billion) from the Export-Import Bank of China, reported Reuters.

Jihad told Minivan News last week that, despite securing this money from China, the government would still be considering austerity measures which are being considered in order to reduce the state’s budget deficit.

With income lower and expenditure higher than predicted, this year’s budget deficit had been forecast to reach MVR9.1billion (US$590million), equivalent to around 28 percent of nominal GDP.

India has traditionally enjoyed close ties with the Maldives, although there have been increasingly strong links between the Maldives and China, largely due to the number of Chinese tourists visiting the Indian Ocean nation.

A Chinese embassy opened in Male’ in time for the opening of the SAARC summit last November, reciprocating the opening of a Maldivian mission in Beijing in 2007.

Indian officials were reported at the time as having concern that the move was part of China’s “string of pearls” policy which supposedly involves Chinese attempts at naval expansion into the Indian Ocean.

After the awarding of the Chinese loan, however, former Foreign Minister and current UN Special Rapporteur to Iran, Dr Ahmed Shaheed was keen to play down any suggestions that the Maldives was about to significantly change its foreign policy priorities.

“This is very much in keeping with past policy. The lines so far drawn have demonstrated that the Maldives remains primarily SAARC focused, followed by trading partners in the EU and Singapore. China has moved into this second category,” he added.

“Nothing will change the fact that we are only 200 miles from Trivandrum,” said Shaheed.

When asked upon his recent return from Sri Lanka what the Maldives’ policy was regarding Sino-Indian competition in the region, President Waheed is said to have responded that the policy of a small nation like the Maldives ought to be to avoid too great an involvement in geopolitics.

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Failure of judiciary, JSC and parliament justified detention of Abdulla Mohamed, contends Velezinee in new book

Former President’s Member on the Judicial Services Commission (JSC) Aishath Velezinee has written a book extensively documenting the watchdog body’s undermining of judicial independence, and complicity in sabotaging the separation of powers.

Over 80 pages, backed up with documents, evidence and letters, The Failed Silent Coup: in Defeat They Reached for the Gun recounts the experience of the outspoken whistleblower as she attempted to stop the commission from re-appointing unqualified and ethically-suspect judges loyal to former President Maumoon Abdul Gayoom, after it dismissed the professional and ethical standards demanded by Article 285 of the constitution as “symbolic”.

That moment at the conclusion of the constitutional interim period marked the collapse of the new constitution and resulted in the appointment of a illegitimate judiciary, Velezinee contends, and set in motion a chain of events that ultimately led to President Mohamed Nasheed’s arrest of Chief Criminal Court Judge Abdulla Mohamed two years later.

Nasheed resigned on February 7 after mutinying police and military officers joined forces with opposition demonstrators, who had been accusing Nasheed of interfering with the ‘independent’ judiciary in his arrest of the judge, and demanding not to be given ‘unlawful orders’.

The Commonwealth-backed Commission of National Inquiry (CNI) report found that there was no evidence to support Nasheed’s claim that he was ousted in a coup d’état, and that his resignation was under duress and the events of the day were self-inflicted.

“The inquiry is based on a false premise, the assumption that Abdulla Mohamed is a constitutionally appointed judge, which is a political creation and ignores all evidence refuting this,” Velezinee stated.

“Judge Abdulla Mohamed is at the centre of this story. I believe it is the State’s duty to remove him from the judiciary. He may have the legal knowledge required of a judge; but, as the State knows full well, he has failed to reach the ethical standards equally essential for a seat on the bench.

“A judge without ethics is a judge open to influence. Such a figure on the bench obstructs justice, and taints the judiciary. These are the reasons why the Constitution links a judge’s professional qualifications with his or her moral standards,” she states.

The JSC itself had investigated Abdulla Mohamed but stopped short of releasing a report into his ethical misconduct after the Civil Court awarded the judge an injunction against his further investigation by the judicial watchdog.

“There is no legal way in which the Civil Court can rule that the Judicial Service Commission cannot take action against Abdulla Mohamed. This decision says judges are above even the Constitution. Where, with what protection, does that leave the people?” Velezinee asks.

“The Judicial Service Commission bears the responsibility for removing Abdulla Mohamed from the bench. Stories about him have circulated in the media and among the general public since 2009, but the Commission took no notice. It was blind to Abdulla Mohamed’s frequent forays outside of the ethical standards required of a judge. It ignored his politically charged rulings and media appearances.

“Abdulla Mohamed is a man who had a criminal conviction even when he was first appointed to the bench during President Maumoon Abdul Gayoom’s time. Several complaints of alleged judicial misconduct are pending against him. The Judicial Service Commission has ignored them all. What it did, instead, is grant him tenure – a lifetime on the bench for a man such as Abdulla Mohamed. In doing so, the Judicial Service Commission clearly failed to carry out its constitutional responsibilities. It violated the Constitution and rendered it powerless. Where do we go from there?”

Parliament, Velezinee states, was the body responsible for holding the JSC accountable.

“The Majlis knew the threat Abdulla Mohamed posed to national security and social harmony. The Majlis was also aware of the Judicial Service Commission’s failure to carry out its constitutional responsibilities and its efforts to nullify constitutional requirements.

“Concern had been shared with the Majlis that the Judicial Service Commission had committed the ultimate betrayal and hijacked judicial independence. The Majlis failed its Constitutional responsibility to hold the Judicial Service Commission accountable for any of these actions. The Majlis had violated the Constitution and rendered it powerless. Where to from there?”

Ultimate responsibility for upholding the constitution fell to the President, Velezinee states.

“Democratic governance can only function if the entire system is working as an integral whole; it is impossible if the three separated powers are failing in their respective duties.

“Under the circumstances – once it was clear that Abdulla Mohamed was an obstruction to justice and a threat to national security, and once it became apparent that neither the Judicial Service Commission nor the Parliament was willing to hold him accountable – the only authority left to take control of the situation was the Head of State.”

With the return to power of Gayoom’s autocratic government behind President Mohamed Waheed’s “fig leaf of legitimacy”, the judiciary continued to be subject to influence, Velezinee writes.

“The judiciary we have today is under the control of a few,” she wrote.

“This was an end reached by using the Judicial Service Commission as a means. Most members of the Judicial Service Commission betrayed the Constitution, the country, and the people. They broke their oath. There is no room for free and fair hearings. And most judges do not even know how to hold such a hearing.”

“For democracy and rule of law to be established in the Maldives, and for the right to govern themselves to be returned to the people, they must have an elected leader. And the judiciary, currently being held hostage, must be freed.

“Article 285 of the Constitution must be fully upheld, judges reappointed, and an independent judiciary established,” she concludes.

Download The Failed Silent Coup (English translation by Dr Azra Naseem)

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“Maldives backtracking on democracy”: International Federation for Human Rights

The International Federation for Human Rights (FIDH) yesterday released its report into human rights in the Maldives, titled “From Sunrise to Sunset: Maldives backtracking on democracy”.

In a statement accompanying the report’s release, the group stated that it had witnessed a deterioration in the freedom of assembly and the freedom of the press as well as the “influence of radical groups detrimental to women’s rights”.

“The appointment of close allies of the former dictator Gayoom the new administration these past months, is another worrying sign that questions the respect for democratic principles and the rule of law in the country,” read the statement.

FIDH arranged a fact finding mission to the Maldives at the end of July, meeting with politicians, activists, civil society members and journalists.

The Paris-based group’s President Souhayr Belhassen called on the government to respect democratic gains made in the country, particularly implementing the recommendations of the Commission of National Inquiry (CNI) and strengthening independent institutions.

The CNI’s final report, whilst absolving the current government of any wrong-doing during February’s transfer of power, acknowledged that the police had been guilty of acts of brutality on February 8 which must be investigated.

The FIDH report describes how the past decade’s democratic reforms have stalled owing to political polarisation and institutional inertia.

“The 2008 constitution guarantees most of Maldives’ human rights obligations; however these have so far failed to be translated into domestic law,” it says.

It also suggests that the failure of the Nasheed administration to prosecute past human rights offenders has contributed to a “culture of impunity for perpetrators of past human rights violations.”

Civil society that was “flourishing and vocal during the democratic struggle became less visible during the presidency of Mohamed Nasheed”, says the report, arguing that it had become another casualty of the polarised environment.

The report detials the difficulties the country has had with separating the powers of the executive, the legislature and the judiciary which had previously been dominated by former President Gayoom.

“Tensions with the judiciary and the opposition-dominated parliament, led [Nasheed] to take unilateral decisions that exceeded his prerogatives, such as ordering the arrest of opposition leaders and a judge without following due process, or by declaring the Supreme Court defunct. Since Mohamed Waheed took over power, executive interference has continued,” read the report.

Regarding the state of the judiciary, FIDH argues that testimonies gathered from its members show that, “under the successive administrations, no political party has actually ever shown any willingness to establish an independent judiciary since each seems to benefit from the existing system.”

FIDH also notes that the government of President Mohamed Waheed Hassan has been accused of a wide range of human right violations, including violent harassment of street protesters, torture and harassment of pro-opposition media as wells as legal and physical harassment of the opposition.

“Practices to silence political dissent that had disappeared in the course of Nasheed’s presidency, have once again become prevalent under Mohamed Waheed’s presidency,” said FIDH.

The report highlights what it sees as impartial investigations of crimes, citing in particular the attempted murder of blogger Ismail ‘Hilath’ Rasheed.

The issue of the use of religion for political gains is criticised in the report: “The exploitation of religion for political gains has posed a threat to the drafting of new legislations by potentially limiting existing human rights.”

FIDH also expressed its concerns that tentative gains in women’s rights, as typified by the recent domestic violence bill, could be reversed if government aligned religious groups push for full implementation of Sharia law.

The report also criticises the apparent enthusiasm amongst politicians for implementation of the death penalty, saying: “With the current state of the judiciary and the incapacity of the police to properly investigate crimes, analysts fear judicial errors would result in the death of innocent people.”

In its recommendations to the Maldives government, FIDH urges the Maldives to remove from the domestic legal framework provisions that restrict individual right based on “race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other statu” to conform with the International Covenant on Civil and Political Rights (ICCPR).

Amongst its other recommendations, the report urges the government to strengthen independent institutions, to enact relevant legislation which will enable the country to fulfil its human rights obligations  and to order a thorough investigation into the attack on ‘Hilath’ Rasheed.

“The situation remains at the time of release of this report relatively confused and uncertain,” concludes the report, “however, the coming weeks will be crucial to test the Government’s ability and willingness to prevent further acts of police brutality and, in general, a deterioration of the human rights situation.”

FIDH’s report follows the release of an Amnesty International report last week which highlighted a number of politically motivated attacks by police on February 8.

Following the government’s claims that Amnesty had produced a one-sided report without seeking comment from the government, an Amnesty spokesperson stressed that the organisation was without political affiliation and had not been the only group to highlight human rights violations in the Maldives this year.

“In compiling our report we talked at length with government and police officials in Malé and Addu during our visit to the country in late February and early March. On the occasions they responded we have included their comments in our documents,” said the spokesperson.

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