JSC defends handling of judge investigations in face of criticism

The Judicial Services Commission (JSC) has maintained that it is following procedures in ongoing investigations, after criticism from both President Abdulla Yameen and the opposition Maldivian Democratic Party (MDP).

President Yameen has called on the JSC to expedite disciplinary cases against judges, specifically highlighting the case against the Chief Judge of the High Court Ahmed Shareef.

“It is now exceeding over a year since the case was submitted. [Judge Shareef] is not required to report to work, he is under suspension. However, he is still getting paid. How can we accept this?” Yameen said earlier this week in Addu atoll.

Meanwhile, the MDP yesterday released a statement expressing concern about the delays in pursuing the cases against Supreme Court Judge Ali Hameed, following the police’s recent announcement that investigations into Hameed’s alleged appearance in a series of sex tapes had been suspended.

JSC Spokesperson Hassan Zaheen told Minivan News that the commission was currently working on both cases.

“We are continuing to work in the investigation process of the case against Judge Ahmed Shareef,” he explained.

“Even in Judge Ali Hameed’s case, the JSC is doing what is necessary in the investigation stages. We are doing what is required of the JSC. It is none of our concern that the police have decided to file the matter,” he said.

He refused to comment further on the criticism levied against the commission.

Commission criticism

Speaking in Addu, Yameen highlighted the importance of JSC members being independent and able to review cases justly.

Adding that the law does not allow for any persons to be “kidnapped” or kept under forceful banishment, the president stated that “it is a deeply saddening journey to be forced to stay away from one’s job for 12 months and still continue to be paid”.

A High Court Judge is entitled to monthly pay and allowances summing up to MVR56,300 (US$3,651). Judge Ahmed Shareef continues to receive the full salary despite his suspension.

Shareef’s suspension came as he presided over a legal challenge to the legitimacy of the Hulhumalé Magistrate Court bench, which was handpicked by the JSC to oversee the trial of former President Mohamed Nasheed for the January 2012 detention of Judge Abdulla Mohamed.

Judge Ahmed Shareef was suspended by the JSC in May last year, more than 12 months after the initial submission of complaints in relation to potential corruption.

JSC Chair and Supreme Court Justice Adam Mohamed Abdulla at the time claimed the suspension was unrelated to the Nasheed/Hulhumalé case.

The JSC subsequently contested the High Court’s jurisdiction to hear the case into the legality of the magistrate court – no hearings have been held in the Nasheed trial for over 12 months.

Nasheed’s legal team sent a letter to the High Court late last month, requesting the case be continued immediately.

Yesterday, the MDP said that the failure to proceed with the cases against Ali Hameed demonstrated the current state of the Maldivian justice system.

A statement released by the party noted that police had filed the cases into Ali Hameed’s alleged appearance in sex tapes, the JSC’s halting of the investigation into complaints against the same judge, and alleged destruction of  papers concerning a corruption case against Hameed being destroyed in a coffee spill.

“We therefore note that the criminal justice system of this country is one that has failed to deliver justice. That the cases against Ali Hameed fail to be investigated, and the surprising events that unfold if a case against him is filed at the courts clearly demonstrate the status of this country’s criminal justice system.”

President’s Office Spokesperson Ibrahim Muaz Ali refused to comment on the allegations today, stating “this government does not see it as necessary to comment on everything that the opposition MDP has to say”.

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Taxi drivers brand calls to introduce Dhivehi taxi boards “ridiculous”

The Dhivehi Language Academy has called on taxis to change their boards to read ‘Taxi’ in the Dhivehi Thaana script instead of English – a move branded “ridiculous” by drivers.

“The problem is not that ‘taxi’ is an English word,” President of the Dhivehi Language Academy Ashraf Ali explained.

“It can be a word of any language, but the law says if a word does not have a Dhivehi equivalent it should simply be written in the Thaana script. The lettering, at least, should be in Dhivehi even if the word is not,” he said.

Taxi drivers have responded with exasperation to the academy’s suggestion.

“It is a waste of money,” said Malé taxi driver Ahmed Afra. “And in any case, what difference does it make? Should we also have someone sit atop the cabs to say whether we are vacant or occupied in sign language for those who can’t read?”

“All this is reaching the ridiculous now. Like the Transport Authority says, the board suffices as a symbol of occupancy and is an added convenience to the passenger. I don’t see why the academy feels the need to complicate things further,” continued Afra.

The new signs became mandatory from May 15, after repeated delays following resistance from drivers who claimed the new regulations – which included mandatory insurance, medical checks, and regulated fares – were too strict.

The Dhivehi Academy was created under the 2011 National Language (Priority) Act and is charged with continuing the preservation and development of the language.

Ashraf has said that precedence must be given to the local language according to the law, and that therefore any English words must be printed in smaller print beneath a larger Dhivehi word.

However, Transport Minister Ameen Ibrahim has told local media that the word ‘Taxi’ written on boards placed atop vehicles should not be seen as a phrase, but rather as a symbol identifying whether vehicle is vacant.

“We can use ‘Taxi’ in either manner. But in this case, we are not using ‘Taxi’ as a phrase, but rather as sign language – as a symbol. Technical persons say that it is a symbol. It is the same in almost all other countries of the world,” he is quoted as saying to local media.

Taxi drivers have said the discussion between the Transport Ministry and the Dhivehi Academy shows the state had implemented the new regulations before it was properly reviewed.

Hassan Shameel argued that the government should have to bear the cost of further changes to the signs, arguing that the transport authority should have resolved such issues before implementing the new regulations.

“Where has the Dhivehi Language Academy been all this time? It’s been an year since this was gazetted, and they snap awake after it was implemented on the 15th of this month and suddenly are concerned about the language. Why didn’t they act before?”

“In any case, if they love the language so much, why do they not notice that the schools, streets, hospitals have their names in English? Why be concerned about taxis alone?” he continued.

Academy president Ashraf stated that the intention was not to increase costs for the drivers, but to come to a reasonable solution through discussions with the Transport Authority.

“There can’t be an immediate solution, and we are aware of that. We are trying to do a sincere task here. All we want is for everyone to embrace and take pride in our individuality and national identity,” he said.

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Sun Shiyam’s alcohol possession trial delayed again

The second hearing in the alcohol possession and smuggling trial of Maldives Development Alliance (MDA) leader and MP Ahmed ‘Sun’ Shiyam has been cancelled for the third time in two months.

According to the Criminal Court, a scheduled hearing was cancelled today as the court was unable to deliver the summons chit.

Media reports that the presiding judge has been changed have today been denied by the court.

In March 2012, customs officers at Ibrahim Nasir International Airport (INIA) discovered a bottle of alcohol in the MP’s luggage. After a police investigation, the case was forwarded to the Prosecutor General’s (PG) Office in August 2012 before being returned to police due to incomplete information.

The relative speed at which cases related to opposition MPs have travelled through the justice system prompted the Maldivian Democratic Party to seek a no-confidence motion against then PG Ahmed Muizz.

Muizz’s subsequent resignation last November has indirectly led to the current crisis in the country’s courts.

Shiyam was eventually charged – more than a year later – although a hearing scheduled for November 7 2013 was cancelled after a summons chit was not delivered to Shiyam.

The Criminal Court subsequently ordered police to present the MP in court, after which he appeared for the first hearing on March 13, 2014.

With local media reporting that Shiyam was kept in the guest area of the court – unlike other suspects – Shiyam denied the charges and requested more time to research the case.

A scheduled hearing for April 10 was again cancelled due to Shiyam’s absence from the capital, with the rescheduled hearing also cancelled as the court was unable to deliver the chit.

An unannounced hearing was attempted on March 27 prior to these official hearings, while Judge Ahmed Sameer Abdul Aziz – who is presiding over the case – was on leave. Citing an anonymous source at the court, local media outlet CNM reported that Criminal Court Chief Justice Abdullah Mohamed was behind this attempt.

“[Criminal Court Chief] Justice Abdulla [Mohamed]was to finish the case. In this regard he sent summoning chits to witnesses while they have not even been presented [by the state], and tried to hold a hearing today at 10am,” CNM quoted the official as saying.

The attempt eventually failed after after a number of court officials were absent from work, CNM was told.

While the case was not on the hearing schedule published on their official website, the court’s spokesperson told CNM such arrangements were not unlawful.

Replacing the judge

Meanwhile local media has reported that the court has now replaced Judge Abdul Aziz with Judge Shujau Usman upon Shiyam’s request.

The Criminal Court has denied these reports, saying that today’s hearing had also been scheduled to be conducted by Judge Abdul Aziz.

The media has published contents of a letter attributed to Shiyam which requests the removal Judge Abdul Aziz from the case stating the he has a personal grudge against the Meedhoo MP.

The letter, dated 24 April 2014, and addressed to to Chief Justice Ahmed Faiz is said to states that, during the first hearing, Judge Abdul Aziz displayed hand gestures and facial expressions which suggested the possibility of acting impartially against Shiyam.

It stated that Judge Abdul Aziz was also displeased with the MDA leader following his complaints, and that Shiyam had received information the judge may be considering a hastened and strict verdict against him.

The letter described the case against Shiyam as “a devious plot by some powerful people” and a politically motivated lie invented by Shiyam’s enemies.

If found guilty, Shiyam could lose his seat in the parliament as per Article 73(c)(2) of the constitution which states that members will be disqualified upon receiving a criminal sentence of more than twelve months would.

Import and possession of alcohol without a special permit form the Ministry of Economic Development is is a criminal offence in the Maldives. The penalty for the crime under the Unlawful Imports Act is 1-3 years imprisonment, banishment or a fine between MVR1000 – 5000.

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Government to tender Malé-Hulhulé bridge project next month

The government will announce invitation to tender for the Malé–Hulhulé bridge project in early June, President Abdulla Yameen revealed last night.

Speaking in the Feydhoo ward of Addu City, President Yameen said the company chosen in the bidding process would commence a technical survey upon being awarded the project.

“God willing, before the end of the first two weeks of June, we will tender the bridge project. With that, additional studies needed for the project – that is the direction and extent of ocean currents – will be undertaken by the party awarded the tender,” he explained.

He added that the construction of a bridge connecting the capital and the airport as well as the reclaimed artificial island of Hulhumalé was “a dream” of the current administration.

Yameen also appealed for support and cooperation from the public to successfully implement the government’s infrastructure development projects.

He reiterated calls for the public to ensure cooperation of the People’s Majlis for the executive through their elected representatives.

Yameen said he did not doubt that the development of a “Youth City” in Hulhumalé would solve the problem of high unemployment among youth.

In February, Economic Minister Mohamed Saeed pledged that the Malé – Hulhulé bridge project – which he described as “iconic for the whole region” – would be completed in two years.

Of 19 parties that had expressed interest in the project, Saeed noted that seven were international companies.

First announced as a campaign pledge of former President Maumoon Abdul Gayoom in 2008, a bridge connecting the congested island of Malé with its relatively spacious suburb was also an aim of Gayoom’s successor Mohamed Nasheed.

In December 2011, the President’s Office revealed that preliminary surveys conducted by international experts had established the viability of the project with an estimated cost of between US$70 million and US$100 million.

Upon assuming office in November 2013, the present administration called for expressions of interest for the project under a public-private partnership contract that would require the selected company to engage in the design, build, financing, maintenance and operation of the bridge.

“Primary objective of the government is to bring a relief to the socio-economic issues arising from the urban congestion that is present in Malé,” the Ministry of Economic Development explained at the time.

Former Minister of Economic Development Mahmoud Razee – a member of Nasheed’s cabinet – meanwhile told Minivan News in February that a bridge would improve local commerce and reduce traffic congestion in Malé.

“There will be a mediation of the traffic because what happens in Malé – in the afternoons and evenings – a lot of the traffic is leisure traffic as motorcycles are out on the road, not to go to any particular place but for the sake of having a ride. If these are connected, the area they are able to mill around is increased by several kilometers,” he explained.

Speaking at a groundbreaking ceremony in Hulhumalé last month, President Yameen said that the vision of his administration was to develop the artificial island as a “youth village” with a population of 50,000 people.

Hulhumalé will become “a paradise on earth” for migrants from across the country, he said, whilst economic opportunities would be created by the construction of a bridge connecting the island to the nearby capital city.

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President Yameen defends nomination of Maumoon Hameed for prosecutor general post

President Abdulla Yameen has defended the nomination of his nephew Maumoon Hameed to the vacant post of prosecutor general (PG), announcing his intention to nominate the lawyer to parliament for a second time.

Parliament rejected Hameed – son of former Atolls Minister Abdulla Hameed – on April 14 after the nominee fell three votes short of securing parliamentary approval.

Addressing supporters in the Feydhoo ward of Addu City last night (May 18), President Yameen insisted that Hameed was chosen based on competence and qualification rather than family connection.

“I don’t want in any case for the People’s Majlis to appoint Maumoon Hameed to the post of Prosecutor General  because he is my brother or a member of my family,” Yameen said.

“But even tonight, I want to say proudly, standing before the public, that yes, it is true, there are educated and competent persons in my family. They want to serve the Maldivian government and the Maldivian people. They will be brought before the law when they violate the law. I am sending Maumoon Hameed’s name [to parliament] this time as well.”

He added that he wished for parliament to approve “approve a trustworthy and experienced person as prosecutor general.”

Opposition members of the Majlis involved in the previous approval process have suggested that he had failed to meet the oversight committee’s assessment criteria, suggesting that he had shown a poor understanding of current legal issues concerning the country’s legal system.

Yameen observed that the nomination of his nephew has been the subject of criticism in the media, noting that the names of other applicants would be forwarded to parliament as well.

Earlier this month, the President’s Office invited applications for the PG post for a third time after too few candidates put forward their names.

President’s Office Spokesperson Ibrahim Muaz revealed this week that the applicants included four judges in addition to former Tourism Minister Mariyam Zulfa and state prosecutor Aishath Fazna Ahmed.

The PG’s post has been vacant since November following the resignation of Ahmed Muiz ahead of a scheduled no-confidence motion in parliament.

The criminal justice system was meanwhile temporarily brought to a halt with the resignation on May 4 of Deputy Prosecutor General Hussain Shameem – who had been fulfilling the responsibilities of the PG – citing “obstruction” by the Criminal Court.

In the wake of Shameem’s resignation, state prosecutors refused to attend trials in the absence of both the PG and his deputy. However, the prosecutors resumed work after a week-long hiatus following a Supreme Court order last week.

18th People’s Majlis

Following parliament’s rejection of Hameed last month, opposition Maldivian Democratic Party (MDP) Spokesperson Hamid Abdul Ghafoor suggested that the failure to secure a simple majority of 39 votes was down to either poor organisation on the part of the ruling Progressive Party of Maldives (PPM) or a sign of discord within the governing coalition.

“MP Gasim Ibrahim [Jumhooree Party leader] was openly lobbying against the PG nominee 30 minutes before vote but voted with PPM,” Hamid claimed, noting the conspicuous absence of a number of prominent government-aligned MPs for the vote.

Hamid predicted that Maumoon Hameed’s name would be resubmitted to the newly-elected parliament as the Progressive Coalition secured a comfortable majority in the March 22 polls.

Tension has however arisen between the PPM and coalition partner JP over the post of speaker. While Gasim announced his intention to stand for the post, President Yameen said the speaker should be a member of the ruling party as it won the most number of seats in the 18th People’s Majlis.

The Progressive Coalition won a combined total of 53 seats in the March 22 parliamentary polls, well above the simple majority of 43 required to approve presidential nominees and pass legislation.

In his speech last night, President Yameen strongly criticised the outgoing parliament, reiterating the importance of parliament’s cooperation for implementing the government’s policies and carrying out infrastructure projects.

“I want a member of our party to become speaker of the People’s Majlis in this term. I don’t want a member of another party to hijack our party,” he said.

Speaking at the function, former President Gayoom also said that the PPM needed to ensure public backing for the government.

“The government needs the sincere support of the Maldivian people at this time. We can provide that support to the government by increasing the number of members in our party,” he said.

The PPM leader launched a recruitment drive to increase party membership earlier this month.

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Police suspend investigations into Supreme Court judge’s sex scandal

The Maldives Police Service has suspended investigations into Supreme Court Judge Ali Hameed’s alleged appearance in a series of sex tapes.

“We have filed the Ali Hameed case. We do not have enough evidence to proceed further and it will only be opened again if we receive additional information,” a police media official told Minivan News today.

In December, Superintendent Abdulla Nawaz told the press the police had been unable to determine if the man seen fornicating with three different foreign women was Ali Hameed. The incident reportedly occurred in a hotel room in Colombo.

Nawaz at the time pledged to continue with the investigations with assistance from a foreign country. The police press conference followed local media reports that the investigations had stalled due to the Criminal Court’s failure to provide a warrant to take a facial photograph of the judge and a separate warrant to search his residence.

The judicial oversight body Judicial Services Commission (JSC) has meanwhile failed to take any action on the matter despite repeated recommendations by two subcommittees to suspend the judge for failure to cooperate with investigations.

The sex tapes first surfaced in May 2013 shortly after a film – also involving Hameed – began circulating on social media in which the judge appeared to be discussing political influence in the judiciary with a local businessman.

JSC member Shuaib Abdul Rahman and former member MP Ahmed Hamza have accused JSC President and Supreme Court Judge Adam Mohamed of stalling the commission’s investigation into the scandal.

Meanwhile, the Prosecutor General (PG) has pressed corruption charges against Hameed over the illegal transfer of US$144 worth credit from his state-funded mobile phone in 2010.

But the Criminal Court has said case documents were destroyed in a coffee spill and has asked the PG’s Office to submit files again.

The auditor general discovered the offense in a 2010 audit of the Department of Judicial Administration and the case was subsequently investigated by the Anti Corruption Commission (ACC).

The 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.

The Maldives Bar Association in April has said Hameed’s continued presence on the Supreme Court bench contravenes Islamic Shariah and the norms of justice.

“Given the serious nature of the 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 organization said.

Chief Justice Ahmed Faiz Hussain has refused to comment on the issue, stating in January: “We are speaking about accusations. The Chief Justice will comment on the matter when relevant authorities decide on the nature of the accusations. How many other’s have also faced accusations?”

Images and symbols depicting scenes from the sex-tape formed a prominent part of protests against the court’s repeated interference in the presidential election of 2013.

Hameed was one of the four judges who formed the majority in the Supreme Court’s decision to annul the initial first round of the 2013 presidential election, the ruling that unseated two opposition MPs over a controversial case of decreed debt, and the ruling that removed Elections Commission President and Vice President for alleged contempt of court.

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Family Court throws out corruption investigators

The Family Court has thrown out two investigators from the Anti Corruption Commission (ACC).

ACC President Hassan Luthfee told local media the two investigators had gone to the court last Thursday (May 15) with a warrant from the commission but court officials refused them entry.

“We have faced this issue with [government] offices before. It is very concerning that this is happening in the judiciary or the courts,” Luthfee told newspaper Haveeru.

The ACC will continue with its legal obligations despite challenges, he added.

A Family Court official denied the allegations, but declined to comment on the matter further. Local media have said this is the second time the ACC has been denied access to the Family Court.

In December, Luthfy said government companies passed board resolutions to prevent the ACC from accessing information. He then urged the government to pass an anti-corruption bill stating that the biggest obstacle to the fight against corruption was lack of laws on the issue.

The ACC currently relies on the outdated law on Prevention and Prohibition of Corruption passed in 2000 under former President Maumoon Abdul Gayoom.

The commission’s ability to prevent state institutions from proceeding with questionable agreements has also been hampered by a Supreme Court verdict in September 2013.

The ruling said the ACC did not have the legal authority to stop the Department of Immigration and Emigration from signing a contract with Malaysian mobile security firm Nexbis in 2010, to establish a border control system (BCS).

Recently, the Malé City Council cited the ruling in its refusal to abide by the ACC’s instruction to cancel a contract on holding a night market in the capital.

Meanwhile. President Abdulla Yameen last week urged the ACC to expedite investigations involving infrastructure projects worth “hundreds of millions of rufiyaa” claiming the government is facing losses due to delays.

The ACC told the state broadcaster at the time that the commission has always endeavoured to complete investigations as quickly as possible in order to avoid losses to the public and the government.

The commission noted that recurring problems hindering investigations included having to provide a legally-mandated period for accused parties to respond to allegations after seeking legal counsel, as well as difficulties in obtaining relevant documents from state institutions.

According to a survey published by advocacy NGO Transparency Maldives in December, 83 percent of people surveyed felt corruption had increased or stayed the same during the past two years.

The Majlis topped the Global Corruption Barometer (GCB) survey with 60 percent feeling it to be ‘extremely corrupt’, followed by political parties at 57 percent, the judiciary at 55 percent and the police at 34 percent.

A recent survey on public attitudes towards democracy also found 46 percent of the public have no confidence in the courts. Only 20 percent reported a great deal of confidence in the courts.

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MMA governor calls for courageous cuts at third Maldives Finance Forum

The third Maldives Finance Forum was opened with the Governor of the Maldives Monetary Authority (MMA) Dr Azeema Adam calling upon stakeholders to take more courage in reducing government expenditure.

“There needs to be a change particularly with regards to disorganised subsidies, and revenue needs to be increased,” Dr Azeema was reported to have told attendees.

“But that is not something the government alone could do. It should be done together by many.”

Azeema’s comments echoed the findings of the MMA’s 2013 macroeconomic report, which warned that further “slippages” in revenue or spending would undermine medium-term debt sustainability,with adverse effects on exchange rate and prices.

The third Maldives Finance Forum took place today at Bandos Island Resort, focusing on the issue of international financial and capital markets, and financial literacy.

Organised by the Maldives Pensions Administration Office (MPAO), the event sought to bring together leaders from the political, academic, financial, and social sectors to share ideas for the further development of the Maldivian financial sector.

Also speaking at today’s forum were Head of Official Institutions at Schroders Gavin Ralston, Global head of the JP Morgan’s Islamic Finance practice Dr Hussain Hassan, Minister of Economic Development Mohamed Saeed, and leading figures from the Maldivian business community.

Among the forum’s stated objectives the identification of legal and regulatory impediments to development, the promotion of financial literacy among the public, and awareness raising of the potential of the country’s pension fund.

The pension fund – overseen by the Capital Market Development Authority (CMDA) – is currently in need of diversification, CMDA CEO Fathimath Shafeega recently told Minivan News

“As you know the pension system in Maldives has assumed that there will be a developed capital market. The development of the capital market has not kept pace with the pension development,” she explained .

Beginning in March this year, the government more than doubled the monthly pension – with head of the Cabinet’s Economic Council Ahmed Adeeb stating that “innovative” investment would prevent the need to divert funds from within the current budget.

The CMDA’s quarterly report last week for the first time featured details of the country’s nascent Islamic Capital Markets, indicating the rapid growth of Shariah-based financial products in the country in recent years.

Shafeega expressed confidence that the Maldives was well positioned to become an international centre of both Islamic and non-Islamic finance in future years – the evolution of both these areas was discussed by touched Mr Ralston and Dr Hassan, respectively, at Bandos today.

Today’s speech from the economic development minister discussed issues faced in attracting foreign investment and finance – something the current government has made a priority, organising a landmark foreign investment forum in Singapore last month.

The ensuing panel discussion at today’s forum concerned accessing global financial markets and securing foreign investments.

During the recent investment forum in Singapore, President Abdulla Yameen announced his intention to create “a resilient, diversified high income economy in the next decade.”

The government was committed to exploring “openings for increasing foreign investment flows to non-traditional sectors to lift Maldives beyond the image of a picturesque postcard,” said Yameen.

The current economy relies on the tourism industry for an estimated 80 percent of GDP.

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Union leaders’ dismissal leads to staff arrests on Full Moon Sheraton

Four members of staff at Sheraton’s Full Moon resort in Kaafu Atoll were taken into police custody yesterday, following the refusal of three dismissed employees to leave the premises.

While the Tourism Employees Association of Maldives (TEAM) has said the individuals were dismissed due to their participation in Labour Day celebrations earlier this month, representatives of the resort have said the dismissals were preceded by “a number of incidents”.

“There is no freedom of association or freedom of speech in the Maldives, especially not in the tourism industry,” said TEAM Secretary General Mauroof Zakir.

Police have informed Minivan News that the staff members were arrested for obstructing police duty following a call from resort management yesterday afternoon.

Shumaes Rasheed, Marketing Communicating Manager at Full Moon, provided further details:

“As the associates refused to leave the island, Maldives Police Service were notified to assist them in escorting them off the island.”

“Another four associates were arrested by the police for obstruction in carrying out their duties, and these associates have also been dismissed,” added Shumaes, noting that the welfare of the guests had not been affected by the incident.

Zakir told Minivan News that those initially dismissed were “key trade union leaders” on the resort, who had been preparing to  enter collective bargaining with resort management.

Zakir said that the letter of termination issued to those dismissed referred to a gathering on May 1 during which the TEAM members decorated their association hut with banners calling for a minimum wage to US$600, improved freedom to speech, and other internationally recognised union rights.

“We cannot accept that, a wilful and peaceful gathering organised by the union is allowed in the ILO convention,” said Mauroof – noting that this was a convention to which the Maldives is a signatory.

The arrests followed a gathering by employees calling for their colleagues’ reinstatement,  into which police “immediately intervened”, said Mauroof. He suggested police had been on the island for a number of days as part of a pre-planned operation.

Yesterday’s unrest was the latest in a number of incidents of staff unrest among the workers in the country’s largest industry which contributes an estimated 80 percent to the country’s GDP.

Figures from the Tourism Ministry have today revealed arrival figures to have increased by 11.2 percent this year compared with the same point in 2013 – a year which saw a record 1.3 million tourists arrive in the country.

Rising number of incidents

“It is unlikely anything will come out of parliament that will give protection to the workers,” noted Mauroof, suggesting that concerted industrial action by the country’s 26,000 tourism workers may be the only way to improve workers rights. 25 percent of the 17th Majlis are themselves resort owners, he added.

Despite the political turmoil of recent years, the country’s primary industry has remained sacrosanct, with the Majlis even passing legislation prohibiting such acts.

The tourism boycott bill passed the house in October last year, making it illegal to call for a boycott, to support or endorse of a boycott, to participate in a tourism boycott, or any act that would incite fear amongst tourists.

Mauroof suggested that the rising frequency of unrest on resorts in recent months could be attributed to a combination of a rising cost of living in the country and greater awareness of workers’ rights.

Increasing “overuse” of the Freedom of Assembly Actmuch criticised since its introduction in 2012 – by authorities was also cited by the TEAM leader as cause for the dismissal of over 150 tourism employees.

“If the government has positive intentions to protect workers – things might change. Otherwise we will need some international leverage.”

Despite the general desire to separate the country’s primary source of income from its fractious politics, a number of resort workers have alleged in recent months that their dismissals were directly linked to the political leanings of their employers.

Both Gasim Ibrahim – owner of the Villa Group – and Ahmed Shiyam – owner of Sun Siyam Resorts –  have been accused of purging staff rosters of staff members aligned with opposition political groups. Gasim and Siyam are the leaders of the ruling coalition Jumhooree Party and Maldives Development Alliance (MDA), respectively.

Earlier this week, a small but vocal protest could be heard circling the capital Malé, with a lone demonstrator pleading with the MDA leader:

“Sun Travel, I’m begging you on my knees, don’t threaten your employees. Don’t force people into your party. Don’t do this.”

Last month it was revealed that police were investigating a threatening phone call allegedly made by Siyam to a former employee of Vilu Reef resort.

“Let me tell you, you don’t have any rights,” the Dhaal Meedhoo MP was heard to say. “If you try to harm my business I will destroy you.”

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