MPs debate raising state disability benefits

Parliament began preliminary debate today on an amendment submitted by Adhaalath Party MP Anara Naeem to the Disabilities Act to raise the monthly allowance provided by the state to persons with special needs from MVR2,000 (US$150) to MVR5,000 (US$324).

Presenting the legislation to the Majlis floor, the MP for Makunudhoo said persons with special needs deserved the same “care and protection” provided by the state to the elderly, referring to the current administration raising old age pensions to MVR5,000 a month in March this year.

Anara suggested that MVR2,000 a month was not sufficient to cover the expenses of children with special needs, who require special care and attention.

“I believe it is very important in the Maldives to determine allowances to the neediest in an equal manner. That is because sometimes a person’s means are not considered when subsidies are given [and] we see subsidies given to rich or well-off people,” she said.

Anara also referred to Article 35(b) of the constitution, which states, “Elderly and disadvantaged persons are entitled to protection and special assistance from the family, the community and the state.”

In some cases, she continued, if medical treatment is provided to children with special needs at infancy, they could “grow up as normal children.”

However, specialised services for children with special needs – such as speech therapy and physiotherapy – were not available in the Maldives, she added, while parents sent children to the special needs school in the capital “only to fill time.”

Debate

While all MPs who spoke in the ensuing debate supported the amendment, Jumhooree Party MP Ilham Ahmed suggested that the government could dismiss a few deputy ministers and coordinators – who he claimed earn MVR35,000 (US$2,269) a month – and use the savings to send specialised teachers to islands.

Progressive Party of Maldives MP Ali Arif noted that there were 5,100 persons in the national registry on persons with special needs, concurring that the monthly allowance should be raised to help parents of children with special needs as they were often forced to stay home to care for the child.

Opposition Maldivian Democratic Party MP Abdul Ghafoor Moosa argued that persons with special needs as well as single parents should receive the same monthly allowance as the elderly.

Ghafoor also urged the government to consider introducing unemployment benefits and a minimum wage, which he suggested should not be lower than state benefits.

In May, hundreds of people gave testimony to the Human Rights Commission of the Maldives’ (HRCM) ‘National Inquiry on Access to Education for Children with Disabilities’.

Parents spoke of the state’s failure to provide medical services and education to children with special needs whilst private services were costly. A single diagnostic assessment costs MVR5,000 and an hour of therapy costs MVR500, neither of which are covered by the ‘Aasandha’ health care scheme.

According to the HRCM, statistics from 2009 indicate that, out of 2250 children with disabilities, only 230 were attending schools at the time.

Citing a 2010 report by the HRCM and the UNDP, the US State Department’s 2013 Human Rights Report on the Maldives noted that “most schools accepted only children with very limited to moderate disabilities and not those with more serious disabilities.”

“Children with disabilities had virtually no access or transition to secondary-level education. Only three psychiatrists, two of them foreign, worked in the country, and they primarily worked on drug rehabilitation. No mental health care was available in Malé. There also was a lack of quality residential care,” the report stated.

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MDN to seek court order compelling JSC to reconsider Judge Hameed decision

The Maldivian Democracy Network (MDN) is considering seeking a court order to compel the Judicial Service Commission (JSC) to reconsider its decision to clear Supreme Court Justice Ali Hameed Mohamed of misconduct over his alleged appearance in three sex tapes.

Citing lack of evidence and the police’s failure to identify the individual in the sex tapes, the judicial watchdog decided last week that disciplinary action could not be taken against Justice Hameed.

In a press release today, MDN expressed “surprise” at the JSC investigating the case as a criminal offence as the commission’s constitutional mandate was investigating complaints involving ethical misconduct.

MDN noted that the evidentiary requirements or standards applied for establishing guilt in a criminal case differed from cases of alleged ethical misconduct.

The JSC’s “confusion” on this legal principle “offers room for the public to question the competence of the commission,” the MDN stated, calling on the oversight body to reconsider the case.

In a press statement explaining its decision, the JSC had noted that the police had closed investigations until new evidence emerged and that the sex tapes had been collected during an investigation into an attempt to blackmail a judge.

Moreover, the tape may constitute an act of espionage as it appears to have been filmed by an unauthorised body and it is against the constitution to obtain evidence by unlawful means, the commission noted.

The JSC – chaired by Supreme Court Justice Adam Mohamed Abdulla – also referred to a contentious Supreme Court’s ruling on former Civil Service Commission (CSC) Chair Mohamed Fahmy Hassan, which stated that disciplinary action could only be taken with sufficient evidence.

Local media has since reported that the decision to clear Justice Hameed was reached unanimously by six members on the 10-member commission after Shuaib Abdul Rahman – public representative on the JSC – walked out.

The six members were Justice Adam Mohamed Abdulla, Speaker of Parliament Abdulla Maseeh Mohamed, Criminal Court Judge Abdulla Didi, High Court Judge Abdulla Hameed, president’s member Mohamed Faisal and lawyers’ representative Ahmed Rasheed.

The two remaining members – CSC Chair Dr Mohamed Latheef and Attorney General Mohamed Anil – were reportedly on holiday.

“Permanent stain”

The opposition Maldivian Democratic Party (MDP) also put out a statement yesterday (June 29) condemning the JSC decision, characterising it as a “permanent stain” symbolising “serious wrongdoing”.

With the JSC decision, the statement added, Maldivian citizens expecting judicial reform have “lost all hope” along with any confidence in the judiciary.

The JSC decision has set a precedent suggesting that engaging in sexual relations with prostitutes, which is then made public in a sex tape, “is not a problem at all,” the opposition party stated.

“Therefore, we note with serious concern that this country’s judiciary would henceforth be shaped by those standards.”

The MDP statement also referred to a JSC subcommittee recommending suspending Ali Hameed, which the party stated was wilfully disregarded by the commission, as well as documents of a corruption case against the apex court judge being destroyed in a coffee spill.

The JSC had strayed from the standards established for investigating ethical misconduct, stalled the investigation for over a year, and “sacrificed the independence of the judiciary and the constitution” for the sake of protecting Justice Hameed, the statement continued.

The Maldivian judiciary should learn that disgraced judges accused of corruption and blackmail should be suspended pending the outcome of a swift investigation, the party stated.

The presence of a disgraced judge on the Supreme Court – who most citizens believe has lost his integrity – threatens the independence of the apex court, adversely affects decisions of lower courts, and robs Maldivian citizens of their constitutionally guaranteed right to a free and fair trial, concluded the party.

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Parliamentary debate begins on special economic zones bill

Preliminary debate on the government’s flagship special economic zones (SEZs) legislation began today with opposition Maldivian Democratic Party (MDP) MPs warning that the envisaged law could turn the Maldives into a haven for “money laundering and washing black money.”

If the bill is passed into law, the government could hand out uninhabited islands or plots of land for periods, prices, and terms of its choosing without either parliamentary oversight or a role for local councils, contended MDP MP Ibrahim Shareef.

“The Maldives could become a machine for money laundering and turning black money white,” he added.

If the country becomes a money laundering destination for international criminal enterprises, Shareef warned that developed nations could impose sanctions on the Maldives.

Shareef also expressed concern with the impact of tax exemptions for investors in the SEZs on the local tourism industry.

Among other MDP MPs who spoke during the debate, MP Ahmed Nashid noted that the bill “supersedes” 14 other laws while MP Abdul Gafoor Moosa insisted that the legislation should be amended with the input of the main opposition party.

Speaking at an MDP gathering last week, former President Mohamed Nasheed had dubbed the SEZ legislation the “Artur Brothers bill,” referring to the infamous Armenians linked with money laundering and drug trafficking who made headlines in Maldivian media last year after they were photographed with cabinet ministers.

Nasheed claimed that the zones are intended for criminal activity, money laundering, gambling, and “other irreligious activities.”

The Maldivian government’s liaison officer in Addu during British occupation of Gan island had more authority and freedom than what the government would have in the SEZs, Nasheed contended.

Debate

Introducing the 70-page draft legislation (Dhivehi), MP Ahmed Nihan – parliamentary group leader of the ruling Progressive Party of Maldives (PPM) – stressed that the bill includes provisions for terminating agreements with investors if an act of corruption specified in the International Convention against Corruption is proved.

The MP for Vilimale’ appealed for “cooperation and assistance” from opposition MPs in reviewing the legislation and addressing shortcomings at the committee stage.

In the ensuing debate, Jumhooree Party (JP) MP Ibrahim Hassan declared support for the legislation but suggested that the power to form a board of investment to oversee the zones should not be vested solely with the president.

JP MP Moosa Nizar Ibrahim suggested that environmental and national security concerns should be addressed, while JP Deputy Leader Ilham Ahmed said the bill contained “serious problems.”

While supporting the “concept” of SEZs, Ilham expressed concern with the bill offering tax exemptions to investors for a 10-year period and allowing uninhabited islands to be leased without advance payments.

The government would not receive any revenue from investors during the 10-year period, he noted, while investors would enjoy subsidised staple foodstuffs.

Incentives

PPM MP Jameel Usman argued that the bill was intended to assure investor confidence and offer incentives to choose the Maldives over other developing economies in the region.

SEZs in the Dominican Republic and Philippines created thousands of jobs, noted PPM MP Abdulla Rifau, suggesting that new jobs for Maldivian youth would make up for lost tax revenue.

Moreover, the bill requires investors to carry out corporate social responsibility (CSR) projects, he added.

Incentives for investors offered in the bill include tax exemptions and relaxed regulations for employing foreign labour.

Investors would be exempted from paying either import duties for capital goods or business profit tax, goods and services tax and withholding tax.

Moreover, regulations on foreign workers would be relaxed while companies with foreign shareholders would be allowed to purchase land without paying privatisation fees or sales tax.

Geographical areas or regions declared an SEZ by the president would also be removed from the jurisdiction of local councils.

The nine SEZs envisioned in the bill includes an industrial estate zone, export processing zone, free trade zone, enterprise zone, free port zone, single factory export processing zone, offshore banking unit zone, offshore financial services centre zone, and a high technology park zone.

President Abdulla Yameen had declared in April that the SEZ bill would become “a landmark law” that would strengthen the country’s foreign investment regime.

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MDP alleges “covert police action” against protesters

The opposition Maldivian Democratic Party (MDP) has alleged intimidation, harassment, and “covert police action” against participants of a gathering in the capital Malé last Thursday (June 26).

The party explained in a press release yesterday that Thursday night’s rally was held “as the first of a planned series of gatherings dubbed ‘Barricade Meetings’, to protest the current regime’s mismanagement of state resources, rising costs of essential goods, deterioration of health services resulting in preventable loss of lives, and sustained influences on the judiciary to incriminate political rivals.”

The rally went ahead in spite of a warning by the Home Ministry against the planned gathering, which was the first time the main opposition party took to the streets since last year’s presidential election.

The MDP afterwards alleged that several police officers “infiltrated the rally and attempted to incite grassroots members” of the party.

“Leaders of the party urged participants to avoid confrontations and were exercising maximum restraint while reminding attendees that we were exercising our constitutional rights of assembly, of disseminating and acquiring awareness, and of freedom of expression,” the statement continued.

“Intimidation and harassment of participants of rallies and political gatherings have been the practice of [former President Maumoon Abdul] Gayoom regime in the past. It is a matter of serious concern for the MDP that police are being directed to infiltrate and incite participants of political rallies by the administration of President Yameen Abdul Gayoom.

“Their orders include identification of the party’s youth leaders and top activists and the MDP believes that several young participants of the rally will be arrested on some trumped up unrelated charges in the next few days.”

President’s Office Spokesperson Ibrahim Muaz Ali was unavailable for comment at the time of press.

Peaceful assembly

The MDP statement meanwhile added that threats and “targeted incrimination” against youth participating in political activities was a common practice under the Gayoom regime.

“The MDP appeals to well-wishers to prevail over the current administration to cease and desist from attempts to intimidate and incriminate participants of political gatherings,” the press release concluded.

The Maldives Police Service (MPS) meanwhile are reported to have sent a letter to former President Mohamed Nasheed – acting president of the MDP – asking the party not to hold demonstrations at the Chandanee Magu-Fareedhee Magu junction.

Although Nasheed had declared that the party would continue its gatherings “every night,” the MDP did not organise a gathering last night.

Police stated in the letter – obtained by local media – that a number of complaints were made by members of the public regarding the MDP’s gathering on Thursday night.

While pedestrians, Ramadan shoppers, and drivers were inconvenienced, the letter stated that residents of the area also complained of infringement of their rights.

Some complainants alleged that participants of the gathering used foul language and violated societal norms, police said.

Moreover, the letter added, businesses and shops in the commercial district would also be adversely affected if the gatherings continued in the area.

The letter further referred to provisions in the Freedom of Assembly Act passed in December 2012, which authorises police to prevent gatherings.

Police also urged the opposition party to provide a 36-hour notice prior to holding public gatherings.

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Comment: Build a party, beware of judges, never give up

First published in Foreign Policy. Republished with permission.

With the swearing-in of President Abdel Fattah al-Sisi in early June, Egypt has turned full circle. This is just the latest version of a familiar and depressing tale.

After all the hope, optimism, and national pride that followed the revolution and the successful overthrow of Hosni Mubarak’s bloody 30-year rule, Egyptians are back to square one: Another military strongman has won another contested election, while his political opponents are either in hiding, in jail, or in their graves.

Events in Egypt are similar to those in my own country, the Maldives. We, too, suffered at the hands of a dictator for three decades. We, too, had our own peaceful revolution that swept away the old regime and ushered in new democracy. In 2012, that democracy was snatched away from us by a coup d’état. Since then, we have seen our freedoms and our electoral process undermined.

The experiences of the Maldives and the Arab Spring countries highlight the difficulty of embedding democracy in Muslim nations that have long been governed by authoritarian regimes. Overthrowing the dictator is hard enough, but for democrats, securing the long-term gains of the revolution is proving more challenging.

Just because you’ve pulled out the weeds doesn’t mean that flowers will grow. Like a garden, democracy must be planted and nurtured – or the weeds will grow back stronger than ever.

From my own experience – as, in turn, a democracy activist, the Maldives’ first democratically elected president, and the victim of a coup – one of the most important things democrats must do early on is to build a political party around a unified cause; this is a task at which the Egyptian liberals fell short.

Democracy needs infrastructure in place to implement it. Political parties are the most important institution in a new democracy; they are the necessary nuts and bolts, the means for delivering democracy. Once established, they force their members to learn the new tools of contesting democratic power: grassroots mobilization, policy formulation, election campaigning, media relations, and so on.

This process embeds democratic principles among large sections of the population, which in turn creates extra pressure for more democratic reform.

When Maldivians decided they’d had enough of their dictatorship, a number of activists, including myself, slipped out of the country and formed the Maldivian Democratic Party (MDP). In those days, back in 2004, political parties were banned in the Maldives, so operating in exile was our only option.

We could have focused all our energy on fomenting street protests, but we recognized that there was no point overthrowing the regime if we weren’t in a position to win an election or govern properly. When the Maldivian dictator, Maumoon Abdul Gayoom, begrudgingly allowed competitive elections in 2008, the MDP was an established political party. We won the presidential election with 54 percent of the vote.

In contrast, Egyptian liberals focused their attention on bringing down Mubarak. They were successful, and we all held our breath at the prospect of a free and democratic Egypt. But once Mubarak fell, the liberals found that they didn’t have a strong, unified political party that could successfully compete in the ensuing elections. The Muslim Brotherhood, which had run an underground political machine for decades, swooped in and clinched victory. So the most important lesson for aspiring democrats, before anything else, is this: Focus on building your political party.

The creation of successful political parties, though, is rarely enough to properly embed democracy. This brings me to my second lesson: Beware of judges. In the Maldives, like Egypt, the former dictator appointed all of the sitting judges. These judges, loyal to the old guard, hell-bent on maintaining their power, and steeped in anti-democratic ideology, actively undermined the new democracy.

Judges blocked revenue-raising measures, protected members of the former regime from corruption probes, and granted themselves ever more power. In the Maldives, a new constitution passed in 2008, granting judges independence, as part of the separation of powers.

But like giving Dracula the keys to the blood bank, this decision gave unfettered power to a judiciary that is rotten to the core. This problem still haunts the Maldives. In last year’s presidential elections, for instance, the Supreme Court constantly meddled in the vote to favor old-guard candidates, annulling and postponing votes, intimidating the Elections Commission, and making up the law as they went along. Ahead of parliamentary elections earlier this year, the court was at it again, sacking the Elections Commission chief and threatening his staff.

Confronting a corrupt, but independent, judiciary is particularly challenging for new rulers. The international community is largely clueless about how to deal with the problem. In the Maldives, for instance, the one organization that should have helped, the United Nations, instead considered judicial independence to be sacrosanct — a misguided approach that treated poorly educated, corrupt, and often criminal judges as if they were U.S. Supreme Court justices.

Kenya may provide a better example of the sort of radical judicial reform needed in post-revolution or, in its case, post-conflict societies. In Kenya, the new government, with international support, overhauled its judiciary and established an independent “Vetting of Judges and Magistrates Board.” Unqualified, incompetent, or corrupt judges were removed from office. Whatever the method, the international community needs a new approach for dealing with inherited judiciaries in fledgling democracies.

This brings me to my third and final lesson: Never give up. Democratic movements need patience, optimism, and determination. People often ask me how I remain optimistic about the future of my island country, with respect to both its democratic trajectory and its survival in the face of rising sea levels (the Maldives is one of the world’s lowest-lying nations).

But when you choose to be a democracy activist in an authoritarian regime, or indeed a proponent of firm action to combat climate change, you have little choice but to remain optimistic. The alternative is too bleak.

This applies to everyone, from Egyptian liberals, to Maldivian human rights defenders, to pro-democracy activists in countries like Burma and Libya: Never give up — and never assume that your cause is lost. Even when you face disappointment, there are usually unexplored avenues through which you can continue the struggle. In September 2013, after my party won the first round of presidential elections, the Maldives Supreme Court annulled the vote and got the Elections Commission to re-run the elections as many times as it took for our party to lose.* (The photo above shows Mohamed Nasheed at a protest to demand a run-off vote in Male.) After all this, some Maldivians told me that they felt despair over the future of their country. I responded: “Don’t presume that this is the end of the book. We’re only in the middle of the story. Don’t be so hasty as to predict how the story will end.”

Ranil Wickremesinghe, the former prime minister of Sri Lanka, once told me: “When the music stops, you must sit [down].” This may be true for political leaders, but not for democracy activists. Authoritarian regimes are more fragile than they appear. With a little push, they often collapse under the weight of their own contradictions. So be tenacious, strategic, and, above all, patient.

The peaceful and legitimate transfer of power is the defining characteristic of functioning democracy; it is how society grows and develops, and it is the overarching goal of any pro-democracy activist. During President Obama’s second inauguration I heard a speech that, coming less than a year after the Maldives’ coup, sent a chill down my spine. Senator Lamar Alexander summed up everything democracy activists should strive for: the regular transfer of power, through peaceful and legitimate means. He said: “There is no mob, no coup, no insurrection. This is a moment when millions stop and watch.” For democracy activists around the world, huddled in their cafés or counting down the days in their prison cell, it is this moment that makes it all worthwhile.

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JSC decision on Judge Ali Hameed’s sex tape scandal “an insult to Islam”

The Judicial Service Commission’s (JSC) decision to clear Supreme Court Judge Ali Hameed of misconduct in a sex tape scandal is “an insult to Islam,” and against principles of Islamic jurisprudence, critics have said.

The judicial watchdog yesterday ruled Hameed innocent, claiming it can only take disciplinary action if there is sufficient evidence to indict Hameed in a court as per the Islamic Shariah and Maldivian law.

The JSC justified its ruling on a police decision to close investigations after failing to gain new evidence.

The JSC member representing the public Sheikh Shuaib Abdul Rahman said the JSC had contravened Islamic principles in its decision.

“This is a misconduct case. Not a criminal case. Under Islamic fiqh (jurisprudence), misconduct complaints require less evidence than criminal and civil complaints. Judges can be dismissed if there’s too many public complaints against him,” he said.

“I believe there is enough evidence to take action,” he added.

Meanwhile, former JSC member and whistleblower Aishath Velezinee characterized the JSC decision as “the ultimate insult to Islam and Maldivian society.”

“This is a judiciary that sentences underage rape victims to be flogged. When they decide a Supreme Court judge, after being seen in a video that has gone viral, having illicit sex with multiple women, is not guilty of misconduct, what more can we say?”

Velezinee called on the public to protest, stating the decision shows the judiciary does not understand the law or the Shariah. Public silence on the matter will only allow the judiciary to “make a scandal of justice,” she added.

“To allow the Supreme Court, without protest, to decide any matter that affects you is to accept Ali Hameed has a right to judge for you. Protest!”

Ali Hameed is also accused of several counts of corruption and has been implicated in a separate tape where he appears to admit to a role in the fall of former President Mohamed Nasheed.

Criminal

Several lawyers have echoed Shuaib’s concerns arguing the JSC does not have to follow the stringent standards used in a criminal trial in a case of misconduct.

“The JSC inquiry is not a criminal trial. They do not have to prove it by the standards employed in criminal proceedings. Their task is not to see if a judge is guilty beyond reasonable doubt. The JSC inquiry is about misconduct, it is a disciplinary issue,” lawyer and former Minister of Youth and Sports Hassan Latheef said.

UN Special Rapporteur on Independence of Judges and Lawyers, Gabriela Knaul, in a 2013 report, also said disciplinary or administrative investigations entail different penalties than those arising from criminal procedures.

“Judges and magistrates, as well as other actors of the justice system are criminally accountable for their actions. Criminal actions entail consequences and penalties that are different from those resulting from disciplinary or administrative investigations,” said Knaul.

Latheef said judges must have public confidence, and Ali Hameed should have voluntarily resigned when the tapes were first leaked on social media in 2013.

“Islamic Sharia says all judges must have public confidence. Anyone who is perceived otherwise, cannot be a judge. A judge cannot be open to blackmail,” he added.

Latheef also called on the police to continue with investigations and said the police’s decision to file the case must be looked into.

According to local media, the investigation had stalled after the Criminal Court refused to provide a warrant to obtain a facial photograph of Ali Hameed and another to search his residence.

Political decision

Former Attorney General Husnu Al Suood also said the JSC had not complied with procedures in its conclusion and accused the commission of political bias.

Suood was appointed to a JSC subcommittee to investigate the case in December, but was expelled in January after the Supreme Court called for his removal after finding him guilty of contempt of court.

“I don’t think JSC has complied with existing procedures when they concluded this matter. This is a decision that needs to be revisited when the JSC is free from executive and judicial influence,” he said.

“JSC is under the full control of the executive. It doesn’t function independently, as envisaged in the constitution,” he added.

In Knaul’s report, she stated there was near unanimous consensus during her visit that the composition of the JSC – which draws members from sources outside the judiciary, such as the parliament, lawyers, and civil service commission – was “inadequate and politicized.”

“Because of this politicization, the commission has allegedly been subjected to all sorts of external influence and has consequently been unable to function properly,” said Knaul.

Suood claimed President Abdulla Yameen is at present working to fix the JSC membership in the coming term.

Opposition MP Ahmed Hamza was removed from the JSC in January after he announced his decision to run for the March parliamentary polls.

Meanwhile, the Supreme Court this week ruled any individual licensed as a lawyer, including judges and MPs, can vote to elect a member from the lawyer community to the commission.

Lawyers have spoken against the matter, arguing the decision compromised the independence of the legal profession.

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No threat to Maldivians in Srilanka, assures Sri Lankan foreign minister

Sri Lankan minister for External Affairs G.L. Peiris has assured that there is no threat to Maldivians residing in his country from ongoing conflicts between Muslims and Buddhists.

Speaking during the official state visit of President Mahinda Rajapaksa, Peiris said that the “happy and contented” Maldivian community living in Sri Lanka mostly reside in the southern parts of the country, far away from the zone of conflict.

“There is absolutely no problem in that area,” he said, adding that the conflict was going on in a very narrow area of Sri Lanka.

Rajapaksa’s two-day state visit is the first official visit of a foreign leader since President Yameen’s election, and has seen agreements signed related to health, investment, and search and rescue services.

Maldivian Foreign Minister Dhunya Maumoon – speaking at today’s press conference in Kurumba resort – said that the Maldivian government appreciated the steps taken by the Sri Lankan government to ensure the safety of the the 9,400 citizens in the Maldives.

“Not that there are no serious issues,” she said. “But the media sometimes sensationalise these issues.”

On June 16, 2014, reports emerged that hard-line Buddhists hurled gasoline bombs and looted homes and businesses during attacks in several Muslim towns in southwestern Sri Lanka, killing three Muslims and seriously wounding more than 50 people.

Dunya said that the Maldivian embassy in Sri Lanka was closely monitoring the situation on a daily basis. She also revealed that land in the Maldivian capital had been granted for Sri Lanka to set up a new diplomatic premises.

Following Rajapaksa’s arrival yesterday, official bilateral talks were held between the two governments as well as a private meeting between the two heads of state. A special banquet in honour of the Sri Lankan president and first lady was held at Kurumba yesterday evening.

Dunya today noted the close personal links between the two nations with Sri Lankan expatriate workers greatly assisting the Maldivian economy while more than 80,000 Maldivians visited Sri Lanka in 2012.

“We recognise and applaud the tremendous post-conflict reconstruction efforts of the Sri Lankan Government. We believe that the Sri Lankan Government and its people can address and overcome the challenges of post-conflict reconstruction and rehabilitation,” said the foreign minister.

Details of the health MoU were also revealed yesterday, with three specialists per year travelling to the Maldives as well as places for five Maldivian students to study medicine in Sri Lanka.

“Maldivians have been long standing consumers of the excellent education and health services in Sri Lanka. Under the agreement signed yesterday, the Maldives looks forward to further enhancing cooperation in the health sector, including in investing in human resources, recruitment of medical doctors and health professionals, and procurement of pharmaceuticals,” she added.

External Affairs Minister Peiris told press today that the agreements reached would have positive practical results for both nations, in particular new agreements on investment.

Trade between the two states grew by 40 percent last year, said Peiris, currently amounting to US$76 million – a figure he described as “satisfactory” with room for improvement.

“Major Sri Lankan investors are investing in the Maldives in a big way, particularly in tourism infrastructure,” he continued.

As part of today’s trip, a networking session was held in Malé for Sri Lanka’s business delegation, with Tourism Minister Ahmed Adeeb and Economic Development Minister Mohamed Saeed revealing details of investment opportunities in the Maldives.

Asked about discussions on Sri Lankan fishermen’s access to the travel through the Maldives’ territorial waters, Peiris said that such close allies had no need to hold official discussions “formally” about the right of innocent passage.

President Yameen had promised to explore during his corresponding trip to Sri Lanka in January, during which MoUs were signed regarding combating transnational crime , vocational training, and sports cooperation.

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Supreme Court Judge Ali Hameed cleared of misconduct in sex tape scandal

The Judicial Services Commission has today cleared Supreme Court Judge Ali Hameed of misconduct charges, citing lack of evidence to indict him in a court for alleged appearance in three sex tapes involving three different foreign women.

The accused must be presumed innocent until proven guilty beyond a reasonable doubt, said the judicial watchdog, which claimed it cannot take disciplinary action against a judge without “enough evidence.”

The JSC also cited the police’s Forensic Service Directorate’s failure to confirm the identity of the man involved in the sex tapes in its decision to clear Hameed of charges.

In it’s ruling, the JSC noted the following:

  • The police had closed investigations until new evidence emerged
  • The police had collected the sex tapes during an investigation into an attempt to blackmail a judge
  • The tape may constitute an act of espionage as it appears to have been filmed by an unauthorised body and it is against the constitution to obtain evidence by unlawful means
  • Supreme Court’s ruling on former Civil Service Commission President Mohamed Fahmy Hassan states disciplinary action can only be taken with sufficient evidence

Sex scandal

The Maldives Police Services formally launched an investigation in July 2013 after still images of the sex tape, alleged to show the judge committing adultery with an unidentified foreign woman, began circulating on social media.

At the time, the JSC voted not to suspend Hameed, citing lack of evidence.

Shortly afterwards, two more videos appearing to show Hameed engaging in sexual relations with two more foreign women were leaked on social media.

Business tycoon and former JSC member Gasim Ibrahim in July dismissed the sex tape as fake and an attempt at blackmail.

Gasim placed third in the first round of presidential polls in September and asked the High Court to annul the first round of polls.

The Supreme Court took over the case and ordered a revote claiming widespread vote fraud,with Hameed one of the four judges forming the majority verdict.

Images and symbols depicting scenes from the sex-tape formed a prominent part of protests against the court’s repeated interference in the subsequent round of polls.

Hameed also voted to unseat two opposition MPs over a case of decreed debt, and voted to remove Elections Commission President Fuwad Thowfeek and his deputy Ahmed Fayaz for alleged contempt of court.

Systematic failure

In December, Superintendent Abdulla Nawaz said police investigation had stalled as police were unable to ascertain the identity of the man in the sex tapes.

At the time, local media Haveeru suggested the police had been unable to proceed with investigations due to the Criminal Court’s refusal to provide two key warrants in September.

The warrants reportedly include a warrant to take a facial photograph of Hameed and another to search his residence.

A second JSC sub-committee to investigate the matter asked for the judge’s suspension, but JSC President Adam Mohamed refused to put the suspension to a commission vote.

The now defunct Maldives Bar Association in April also called for the suspension of Hameed until investigations were complete.

“Given the serious nature of allegations against Ali Hameed, that the judge continues to hold trial contravenes norms of justice, conduct of judges, and established norms by which free and democratic societies deal with cases of this nature,” the statement read.

In May, the police closed investigations and said it would only open the case if it receives new information.

“Yameen’s back-up”

The room and date stamp in the sex tapes appear to be the same as that in previously leaked footage of Hameed meeting a local businessman Mohamed Saeed, the director of ‘Golden Lane’.

In that video, Hameed asserts that he was one of then Progressive Party of the Maldives (PPM) presidential candidate Abdulla Yameen’s “back-ups”, and that his stand was “to do things the way Yameen wants”.

Yameen narrowly won the presidential election with Gasim’s backing.

“Even [ex Speaker of Parliament] Abdulla Shahid will know very well that my stand is to do things the way Yameen wants. That the fall of this government was brought with our participation,” he appears to add, although the audio quality is poor (01:49).

One of the men claims to have heard plans to “kill off” leader of former Dhivehi Rayithunge Party (DRP) leader Ahmed Thasmeen Ali and refers to a “second person to be killed,” however, due to the unclear audio it is not clear what the parties are referring to, or the context of the “killing”.

The person believed to be Hameed then promises, “If it comes into my hands, I will kill him off.”

Corruption charges

The Prosecutor General’s Office in April also filed corruption charges against Hameed over illegal transfer of credit from his state- funded mobile phone in 2010.

However, the Criminal Court in May claimed case files had been destroyed in a coffee spill.

The case against Justice Hameed – accused of abuse of authority to benefit a third party – was sent to the PG office in July 2013 by the Anti-Corruption Commission after investigating allegations in the 2010 audit report of the Department of Judicial Administration.

Auditors found MVR2,223 (US$144) was transferred Justice Hameed’s state-funded mobile phone on different occasions during 2010.

Other cases

Meanwhile, the 2010 audit also discovered that MVR13,200 (US$856) was spent out of the apex court’s budget to repair a state-owned car used by an unnamed Supreme Court Justice, later revealed in the media to be Justice Hameed.

According to the police report cited by auditors, the driver of the justice’s car was responsible for the accident, which occurred on January 23, 2011.

However, the official driver insisted the car was undamaged when he parked and left it the previous night.

Despite the findings of the audit report, in March 2011 the Supreme Court dismissed allegations of corruption reported in local media regarding phone allowances and use of court funds to repair Justice Hameed’s car.

Moreover, in September 2011, the ACC began investigating allegations that over MVR50,000 (US$3,200) of state funds was spent on plane tickets for Justice Hameed’s official visit to China in December 2010.

The complainant alleged that Hameed also visited Sri Lanka and Malaysia both before and after his trip to China to attend a conference by the International Council of Jurists. A return ticket on a direct flight from Malé to Beijing at time cost MVR16,686 (US$1,080).

Furthermore, in May 2012, the ACC revealed that Justice Hameed was among three sitting judges illegally occupying state-owned apartments.

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How will guest house islands benefit the community?

With the unveiling of the first guest house island plan this week, industry experts have questioned whether the government’s new guest house tourism policy will benefit the local communities in the same was as past approaches.

“The guest house is a policy – a development implement,” said former Minister for Economic Development Mahmud Razee.

“It should be an equitable thing – if it is purely a tourism policy that is only on a selected island, then we are moving away from the fundamental issue of enabling all Maldivians to benefit from tourism.”

The model’s first project – the Thumburi ‘Integrated Resort Development’ scheme – was launched on Monday night (June 23), being branded as a way to “responsibly diversify the tourism product of the Maldives”.

Recent guest house development – reintroduced by the Maldivian Democratic Party after a decades-long hiatus – was intended to open up the billion dollar tourism market to small and medium sized businesses.

While the placement of guest houses on local island was also intended to stimulate the local economies, concern was expressed by religious groups regarding the impact on local communities.

President Yameen’s guest house island policy – included in his election manifesto – instead plans to recreate the more traditional resort concept, with the participation of multiple smaller entrepreneurs.

“Once again today we are looking to diversify tourism, to shape it in a different way. It does not mean moving away from the existing concept of having one resort on one island,” said Yameen at Monday’s launch.

Yameen also revealed that future developments would take place within proposed special economic zones, which will cede local authority to incoming foreign investors as part of  a system of incentives agreed upon at the government’s discretion.

‘A new concept for a world class brand’

Describing the project as “a new concept for a world class brand”, the Thumburi brochure reveals plans for several beach hotels with rooms ranging from US$100-200 – far less than that currently charged by the country’s budget resorts.

The development of the project will be overseen by the government’s marketing corporation, the MMPRC – who unable to respond to further queries at the time of press.

Tourism Minister Ahmed Adeeb has previously told Minivan News that, while his government would continue to support individual guest houses, there was a reluctance to promote them for fear of damaging the country’s brand as a luxury tourism destination.

“The thing is, from a marketing perspective, we have positioned the Maldives as a high-end destination,” explained Adeeb.

“A-category guests will continue coming for as long as we market the country as an A-category destination. Guests for B,C,D and E categories are something we automatically get.”

General Manager of Sales and Marketing at Triple A resorts Willem Fokkenrood, however, disagrees with this assessment, suggesting that this type of exclusive approach is outdated.

“Does guest house and B&Bs damage Hawaii’s image? No, it just puts more money into the pot.”

Fokkenrood also suggested that placement of the of the guest house concept on single islands would “defeat the purpose” of the model.

“People want to have guesthouses so the local people can reap the benefit from it. If you open a guest house island, what benefit are you talking about?” he asked.

“Because you get to stay with the local population, it’s a draw for a lot of people to say ‘I have stayed in the real Maldives’.”

Fokkenrood felt the key difference between the new concept and the traditional guest house model would be the addition of pork and alcohol products – illegal on the Maldives’ inhabited islands – to the mid-market sector.

“That would change the game, then it becomes a direct competitor to these established resorts,” he said.

Razee, however, felt that the policy may represent an attempt to reassure current industry leaders – described as oligarchs in a recent UNDP report – that the mid range market would progress in a “more controlled fashion”.

Minivan News was unable to obtain further comment from the Tourism Ministry on this subject.

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