Category: Politics

Two more MPs-elect switch to Progressive Party of Maldives

Opposition Maldivian Democratic Party (MDP) MP-elect for Thaa Thimarafushi, Mohamed Musthafa, along with independent MP-elect for Haa Alif Dhidhoo, Abdul Latheef Mohamed, have joined the ruling Progressive Party of Maldives (PPM).

The new signings brings the number of PPM MPs in the 18th People’s Majlis to 37, and the number of Progressive Coalition MPs to 57 with five from the Maldives Development Alliance (MDA) and 15 from the Jumhooree Party (JP).

Abdul Latheef Mohamed defeated incumbent JP MP Ahmed Sameer in the March 22 polls with 40 percent of the vote while Musthafa won against incumbent PPM MP Ahmed Shareef Adam with a margin of nine votes.

Musthafa and Abdul Latheef signed their membership forms in the presence of PPM leader, former President Maumoon Abdul Gayoom, at a ceremony this afternoon in Nasandhuraa Palace Hotel.

Gayoom later tweeted: “PPM now has 37 seats in Majlis n our Coalition 57- a two-thirds majority. What an impressive achievement!”

President Abdulla Yameen, Vice President Dr Mohamed Jameel Ahmed, Tourism Minister Ahmed Adeeb, and Defence Minister Colonel (Retired) Mohamed Nazim were also in attendance.

Musthafa told the press at the ceremony that he believed the government could develop the nation in the current climate of peace and stability.

Musthafa tweeted yesterday that he could not remain in parliament “making idle chatter” to the detriment of his constituents.

His first priority as an MP was the nation, followed by the constituency, and then political party, Musthafa tweeted.

“I’m MP elected to represent Thimarafushi [and] Veymando constituents. I will fight for them disregarding the politics they stand for,” he tweeted on March 24.

Speaker’s post

Meanwhile, of the five independent MPs-elect, three have now signed for the ruling PPM – including Naifaru MP-elect Ahmed Shiyam and Mahibadhoo MP-elect Mohamed Thoriq ‘Tom’.

Today’s signings follow friction in the coalition over the post of speaker of parliament. In the wake of JP leader Gasim Ibrahim’s announcement that he would seek the post, the PPM declared that it would nominate one of its MPs for speaker.

Following the polls, Gasim accused coalition party members of costing his party almost a third of the seats it had contested.

Other disgruntled JP candidates accused the PPM of attempting to “destroy” its coalition partner, suggesting that PPM members masquerading as independents actively campaigned against Gasim’s party.

With the addition of two more MPs-elect, the PPM and coalition partner MDA are presently just one vote short of the 43 simple majority without the JP.

Aside from the two remaining independents and the Adhaalath Party MP-elect for Haa Dhaal Makunudhoo, Anara Naeem, the opposition MDP has 25 MPs-elect.

Speaking to Minivan News today, MDP Spokesperson Hamid Abdul Ghafoor said that the coalition was “obviously split on the question of the speaker.”

“They are not making a secret out of it,” he observed.

Hamid said Musthafa’s defection was “widely anticipated by a lot of MDP members”.

“We are currently in a settling down period. Obviously there will be candidates whose independence is compromised. What happens in this country is that their [candidates] capability to stand independently is compromised and they bow to coercion and pressure” he said.

“Another one bites the bite,” he added.

Hamid also suggested that the MDP’s primaries to select parliamentary candidates were “obviously flawed.”

“This doesn’t lend much credibility to the process. There was a lot of ‘branch stacking’ – a process where parties get candidates to sign for another party to influence their primary votes,” he explained.

Musthafa won the MDP primary for the Thimarafushi constituency against lawyer Abdulla Shairu, a member of former President Mohamed Nasheed’s legal team.

MP Musthafa

Musthafa was elected to the 17th People’s Majlis on an MDP ticket after beating Gassan Maumoon, son of former President Gayoom.

The High Court however annulled the results of two ballot boxes and ordered a revote after Gassan alleged widespread intimidation and irregularities in the poll.

The presiding judge in the three-judge High Court panel was Judge Ali Hameed, who was subsequently appointed to the Supreme Court bench.

Upon winning the revote, Musthafa described Gayoom as “the most brutal leader in the past 100 years.” He went on to severely criticise the former president in parliamentary debates.

In July 2010, Musthafa was arrested together with Deputy Speaker Ahmed Nazim for allegedly bribing MPs and a Civil Court judge.

Criminal Court Chief Judge Abdulla Mohamed however ordered police to release the pair, ruling that there were no reasonable grounds to grant an extension of pre-trial detention.

The pair were accused of offering US$6,000 as well as a return ticket for an overseas trip to a civil court judge to allegedly influence an ongoing case.

In March 2011, a phone conversation between Musthafa and Nazim surfaced in social media, implicating the MDP MP in secret deals with then-Dhivehi Rayyithunge Party Leader Ahmed Thasmeen Ali.

Musthafa is heard claiming in the leaked recording that Thasmeen offered financial assistance to his campaign in 2009.

On February 20, 2012 – less than two weeks after the controversial transfer of presidential power – the Supreme Court stripped MP Musthafa of his seat over a decreed debt.

Musthafa lost the subsequent by-election in the Thimarafushi constituency to PPM candidate Shareef.

Likes(0)Dislikes(0)

“Utilise these calm times to prepare for future challenges,” President Yameen tells police

President Abdulla Yameen has called on the police to not consider the current peaceful atmosphere in the country as a “permanent stability” although peace has been established after months of turmoil.

Speaking as guest of honour at the police force’s 81st anniversary celebrations, Yameen called on the police to prepare to for any challenges that may come their way in the near future, saying times of stability are the best times for forces to prepare for war.

“We should not delude ourselves into thinking that what we are experiencing today is a permanent state of stability. I appeal to the respectable police and your leaders to utilise these calm times to prepare for future challenges that may come your way,” he stated.

He went on to say that crime cannot be fought by the efforts of the police alone, and that together with the efforts of the police, the judicial process also needs to be expedited in criminal cases. He said that despite the police’s best efforts, results cannot be reaped unless the judicial branch cooperates with the efforts.

“If this is not done, regardless of how courageous the police force is, people will not have faith that there can be justice and stability amongst us,” the president said.

The Human Rights Commission’s (HRCM) annual report for 2013 recommended reform of the judiciary after it had received complaints reporting the slow speed at which cases are attended to by the courts in addition to the failure to take action against judges accused of misconduct.

“In my administration, I want the police to be seen by the public as responsible professionals who are skilled in the work they do,” continued Yameen.

“The police’s duty is today is not to protect merciless leaders. Instead, it is to serve humanity. The police are a force which saves lives and respects human rights. A force which protects people’s property from being harmed. A force which protects the society from harm,” he said.

Along the same lines as the words of his cabinet minister for home affairs, the president warned against harming police officers, stating the current government would not tolerate such acts.

“Police must always be accountable. There are also entities tasked with oversight of the police’s work. Police work will be criticised at times, and that, in the end, is something that the media must do. However, no one should resort to harming police officers. This government will never tolerate such acts,” he stated.

“I would like to happily inform all police officers that this government has submitted amendments to the Penal Code to parliament, on the passing of which, severe punishments will be dealt out to people to commit such acts. As the Penal Code gets revised, individuals who harass the police and those who cause harm to officers on duty will face strict punishments,” Yameen revealed.

The president went on to assure the police officers that the current government is also mindful of police welfare, pledging to attempt to find better housing for them.

He further pledged to provide technology and facilities needed to further develop the force. He asserted that police are trained not just with the objective of making them strong physically, but also to develop their minds to a capacity where they can be watchful over the three powers of the state.

“The people we have to face will not be patient persons, however they are Maldivians in whose service we remain. They will come to us with complaints.”

“They will be upset and angry when they come. However, police officers must remain patient and communicate diplomatically and manage things sincerely. The police are a force which remains in service of humanity,” Yameen advised the gathered officers.

A patient approach to those in police detention was also urged by the police commissioner last week after the HRCM’s report had noted a rise in mistreatment of those in police custody.

Likes(1)Dislikes(0)

Parliament extends Generals Regulations Act

Parliament has approved an extension to the General Regulations Act for a further one-year period.

The General Regulations Act was passed in late 2008 as a parent legislation for over 80 regulations without a statutory basis when the new constitution was adopted.

Article 271 of the constitution states, “Regulations derive their authority from laws passed by the People’s Majlis pursuant to which they are enacted and are enforceable pursuant to such lawful authority.”

The parent act prolonged the lifespan of the regulations – which did not derive authority from an act of parliament – until new legislation such as a Criminal Procedures Act and Evidence Act could be passed.

Parliament has since been periodically extending the General Regulations Act with a further extension of one year approved today with unanimous consent.

The 42 regulations (Dhivehi) in the law includes rules governing trial procedures, criminal and civil justice procedures, defamation cases, the insurance industry, finance leasing transactions, ports, telecommunications, business registration, operation of clinics, issuance of national identity cards, medicine, importation of animals and birds, and desalination.

Regulations governing the parole programme as well as prisons were omitted from the law following the enactment of the Jails and Parole Act this year.

A bill on the legal profession is meanwhile in the government’s legislative agenda (Dhivehi), to be submitted during the second session of the People’s Majlis for 2014.

Likes(0)Dislikes(0)

Commissioner and home minister voice concerns about difficulties facing police

Commissioner of Police Hussain Waheed has stated that the police are facing difficulties in providing services due to the lack of sufficient resources.

Speaking at the 81st police anniversary celebrations held on Sunday night, Waheed opined that there is a need to revise the services of the police as the criminal environment has changed and is now inclusive of crimes involving increasingly dangerous weapons.

“We are seeing the use of swords, knives, and machetes in the crime scenes and this is something we must keep in our highest consideration when we are bringing changes to the police services,” he said.

He noted that in addition to not having suitable weapons and equipment to use for defence, the force also did not have vehicles or basic equipment like computers in some islands.

“It is proof of the high regard police officers give to national service when it is on their own private motorcycles that they go to major crime scenes, and do patrolling,” he said.

He said that the damage caused by “a group of citizens who destroyed and damaged police property during the events of February 8, 2012” have still not been overcome.

Home minister welcomes constructive criticism

Minister of Home Affairs Umar Naseer responded to Waheed’s claims during the same event, stating that the incumbent government will ensure that the damage caused during the events of February 2012 is repaired.

The minister further stated that the work of the police is a matter that is often criticised by the public, alleging that every such criticism results in being taken as encouragement by criminals. He stated that the current government will not allow any persons to incite hatred and mistrust against the police force.

“Due to the free and open media of today, it is possible to closely observe the work of the police and criticise it. The police will always welcome constructive criticism, and bring changes in their light. The police are not a force that will resist positive change,” the minister stated.

“However, there are some instances where in the guise of such criticism, hatred is incited against the police force. My wish is that no persons take things to this level. This is because every news or every comment presented in a manner that creates hatred against the police proves to be encouragement for criminals to commit further crimes,” he continued.

Minister Naseer revealed that in 2011, 60 police vehicles were damaged, while in 2012, 166 vehicles were damaged. In the last year, another 49 vehicles were damaged by members of the public.

“The question is, whose property is being damaged here? It is in fact property brought from the money of Maldivian citizens to provide a service to the same Maldivian citizens. People need to realise this,” he said.

Commissioner Waheed further said that the lack of a suitable training institution for police officers also presented additional challenges.

The commissioner also called on the newly elected 18th parliament to expedite the pending bills concerning the police, noting that the lack of required legislation proves to be another obstacle in reaching their goals.

Fighting crime

Despite revealing the challenges faced by the police force, the commissioner asserted that the force will be working tirelessly to fight crime, and will be willing to make whatever sacrifice is required of them in the fight against the drug trade.

He stated that those involved in the trade will be brought to justice adding that, if need be, officers will be deployed abroad for this purpose. He noted that the discovery in early March of the 24 kilos of narcotics that were being smuggled into the country was an exemplary operation.

The commissioner assured that police will not hesitate to bring to justice any persons who break the law, regardless of their status -whether they are powerful politicians, wealthy individuals, or otherwise powerful persons.

Nevertheless, the commissioner said that in order to become free from the problem of drugs, all citizens need to cooperate sincerely with reintroducing addicts into society.

He further referred to the recently unearthed cases of possession of illegal and dangerous animals, stating that the police will, in the near future, uncover the tactics used by smugglers of such animals and bring it to an end.

He then stated that it is crucial to bring an end to serious and organized crimes, saying that doing so is necessary to strengthen the country’s economy.

Home Minister Umar Naseer also added that the current government intends to introduce police services to every single inhabited island in the Maldives.

Both Naseer and Waheed noted the economic benefits that would accompany a reduction in organised crime.

“Although sometimes, it gives rise to international criticism when a country is seen as a place where laws are implemented, implementation of laws is necessary to increase investor confidence,” said Naseer.

Likes(1)Dislikes(0)

Government proposes abolishing Women’s Development Committees

The government’s proposal for amendments to the Decentralisation Act include abolishing Women’s Development Committees in the islands.

The amendment requires the councils to abolish the committees and to form four new advisory committees – a Women’s Development Advisory Committee, an Economic Committee, a Development Advisory Committee, and an Environment Protection Advisory Committee – that would advise island councils.

According to the amendment, the funds and assets of the existing Women’s Development Committees will be transferred to the council, and will only be permitted for use after consulting with the Women’s Development Advisory Committee.

Maldivian Democratic Party (MDP) parliamentary group leader and MP ‘Reeko’ Moosa Manik said that the parliamentary group had not yet reviewed the amendments.

Introduced by former President Nasheed in 2010, the Decentralisation Act created Women’s Development Committees for the purpose of generating income for the development of local women, working to increase religious awareness, and to improve the health, education, and political participation of women.

Following its observation of this month’s Majlis elections, the EU Election Observation Mission noted an “extremely low numbers of female candidates,” with a total of 23 women standing – just 5 of whom were elected.

The report noted that this, along with the low voter turn out for women, was in part down to “prevailing and increasing social and cultural norms which disempower women, confining them to the domestic sphere.”

Similarly, the World Economic Forum’s 2013 gender gap index noted that the Maldives had fallen behind in both economic and political gender equality – ranking 97 out of 136 countries ranked.

In the same amendment bill – given its first reading last week – MP Abdul Azeez Jamal Abubakur, who submitted the bill on behalf of the government in December also proposed cutting the monthly salaries for all council members except for the president vice president of the council in the islands – instead, paying an allowance for each meeting attended.

The current act ensures that five council members must be elected for every island with less than 3000 people, while islands with more than 3000 people are entitled to seven councillors.

The presidents of island councils currently receive a monthly salary and allowance of MVR15,000 (US$973) while council members receive MVR11,000 (US$713). The mayor of Malé is paid MVR45,000 (US$2,918) a month.

Under article 25 of the Decentralisation Act, a five-member council is elected in islands with a population of less than 3,000, a seven-member council for islands with a population between 3,000 and 10,000, and a nine-member council for islands with a population of more than 10,000.

Since assuming power last November, President Abdulla Yameen’s government has made clear its intention to reduce the size of local government in order to reduce the state’s recurrent expenditure – which accounts for over 70 percent of the budget.

In December, the World Bank warned in a report that the Maldivian economy was at risk due to excessive government spending.

The current model of more than 1,000 elected councillors approved in 2010 by the then-opposition majority parliament was branded “economic sabotage” by the MDP government, which had proposed limiting the number of councillors to “no more than 220.”

The new layer of government introduced with the first local council elections in February 2011 cost the state US$12 million a year with a wage bill of US$220,000 a month.

Likes(1)Dislikes(1)

Comment: Bangladesh and Maldives – A fractured link

Professor Selina Mohsin was Bangladesh’s High Commissioner to the Maldives between 2008 and 2010.

This article was first published in the Dhaka Tribune. Republished with permission.

In a sudden move, Maldives is closing its mission in Bangladesh on April 1. This is not an April fool’s joke but a final closure. Closure was earlier threatened in 2009, during that time, as the high commissioner of Bangladesh to Maldives, I was able to persuade the then President Nasheed to keep the mission open.

He appreciated the importance of such a bilateral link. A bond was strengthened. It is surprising that because there is a financial crunch in Maldives now, the new government is to close its mission in Bangladesh, which supplies so many migrant workers, while the one in Pakistan remains open although they supply none.

The archipelago of Maldives, renowned for its natural beauty and fabulous water villas on ultramarine blue lagoons, makes it one of the finest tourist destinations. But, behind these remarkable villas lie a dark story of the blood, sweat, tears and death of numerous workers, mostly Bangladeshis. They construct them under hazardous conditions and their lives seem dispensable. Tourism provides 28% of the GDP and 65% of the foreign exchange. It also generates 90% of the revenue from import duties.

Bangladesh has over 70,000 migrant workers in the Maldives – more than from India or Sri Lanka. They face dubious recruitment procedures, their passports are seized by unscrupulous brokers on arrival, and often wages are withheld. The work is arduous and the danger of death is quite prevalent. The situation is dreadful.

As high commissioner (2008-2010) I found that on an average one Bangladeshi worker died each week. For instance one died from poisonous fumes while cleaning a well. He was just 22 years of age. While Bangladeshi labourers were constructing a resort villa, over a lagoon, a wooden pole fell over one of them and he died from head injury. Such events occurred regularly.

There was no legal requirement for compensation but as the bodies of the deceased could not be buried without clearance from the Bangladesh mission, we were able to negotiate with the employers. It was sometimes possible to get an employer to remit $500 to the family of the deceased – a small price to pay for a human life.

It was also possible to legalise over 17,000 migrant workers, but their status was still precarious. Maldives was placed in the end of 2008 by the US State Department’s Tier Two Watch List for Human Trafficking. They identified many expatriate workers as victims of “forced labour, fraudulent recruitment, confiscation of identity and travel documents, withholding or nonpayment of wages, and debt bondage.”

Despite this, during the 15th Saarc Summit in 2008 in Colombo, the president of Maldives requested the prime minister of Bangladesh for skilled and semi-skilled workers. Consequently, the Maldives’ mission in Bangladesh could have negotiated mechanisms to regularise the recruitment procedures to ensure acceptable working conditions. While I was high commissioner, among other bilateral activities, a Cultural Agreement and an MOU on Education were finalised. A manpower MOU was being considered. All efforts were made to strengthen bonds between the two Saarc countries.

A 14-day “Festival of Bangladesh” was organised to display the cultural diversity and rich heritage of our country. It began with a forum on the historical links between the two states.

History of collaboration

Hundreds of years ago the main export of Maldives was “cowry shells” which were used as legal tender in Bengal and parts of South Asia. Boats, known as “Dhonis,” streamed through the Indian Ocean to reach the ports of Bengal, mainly Chittagong. They unloaded the cowry shells and took textiles, non-perishable foods and wooden boxes to Maldives. A Bengali princess was once a queen of that country. We displayed strong ties between the two nations that most had forgotten.

The festive music, dance, songs, and painting exhibition enthralled Maldivians. The events ended with an auction of painting produced by famous Bangladeshi artists.

Bangladesh has always been ready to lend assistance to Maldives. The Bangladeshi Army undertook relief operations within 48 hours of the 2004 tsunami. Victims received pure drinking water, patients were treated, sunken ships were recovered, relief materials distributed and hygiene conditions improved. Again in 2007, Bangladesh offered US $1m to help the flood-affected country.

Currently, Bangladesh provides 97 scholarships to students from Maldives at various medical colleges. Half of them have recently graduated and are undergoing internship training. Furthermore, 30 physicians are already in Maldives working in hospitals and clinics and 15 more doctors are being recruited. In 2012 the Republic of Maldives introduced direct flights from to Dhaka via Chennai and expressed its willingness to introduce a direct shipping link between Male and Chittagong for trade.

Bangladesh and Maldives are two of the nations most vulnerable to the effects of climate change. The 2012 UN Climate Summit at DOHA acknowledged both as top countries in adaptation. Both have developed strategies and established “Climate Change Trust Funds” to combat the adverse effects of global warming. They could collaborate in international forums to make lasting impact on climate change policies.

The Maldives economy is suffering from the costs of elections and termination of the GMR airport contract gained during Nasheed’s government. It was India’s largest private investment, over US $500m. Similarly, a Tata Housing Project is facing difficulties. Clearly, decisions based on political antagonism can be counterproductive. Recently, out of desperation, President Yameen visited India for a loan of US $25m after cancelling investments from India! Quite ironic.

Now, one result of the financial constraint is the closure of the Maldives mission in Bangladesh. It is the wrong move. Diplomatic continuity is a necessity and reciprocity is essential to foster good relations with a friendly Saarc state. But countries are not always ruled by rational consideration of advantages, but often by unthinking foolhardiness.

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

Likes(0)Dislikes(0)

Fisheries minister reveals details of fishermen’s allowance

The Ministry of Fisheries and Agriculture has compiled procedures under which fishermen can apply for the government’s scheme for an allowance of MVR10,000 (USD 649) for fishermen during lean months.

Provision of MVR10,000 to fishermen ‘regardless of catch’ was a campaign pledge of the ruling Progressive Party of Maldives (PPM) during the 2013 presidential elections.

Speaking at a press conference held on Sunday, Minister of Fisheries and Agriculture Dr Mohamed Shainee stated that the scheme will commence from Tuesday, April 1.

“The objective of this scheme is to further aid the fisheries industry to become a main pillar in strengthening the country’s economy. We are trying to give support and assurance to fishermen that they can maintain their careers in fishing,” Shainee stated.

“More than a form of social protection, this scheme is more a means to further develop the fisheries industry economically. Through this scheme, we are assuring an income for the fishermen”.

The minister stated that only tuna and yellowfin tuna fishermen are eligible to participate in the scheme during its initial stages.

“However, we are at the moment unable to include other forms as we do not have the statistics on how much they generally earn. Nevertheless, other fishermen will also be able to participate in the scheme,” Shainee added.

Under the newly comprised procedures, the ministry categorised tuna and yellow fin tuna fishing vessels into three categories: vessels smaller than 45 feet in length, vessels between 45 and 65 feet in length, and vessels larger than 65 feet in length.

Under the scheme, fishermen working on vessels smaller than 45 feet in length are to get an allowance of MVR3500 (US$227) in return for a monthly premium of MVR350 (US$23) paid to the state.

Fishermen working on vessels between 45 and 65 feet in size are eligible to receive an allowance of MVR5000 (US$324), while needing to pay a monthly premium of MVR400 (US$26).

Those working on larger vessels – over 65 feet in length – will be given the full allowance of MVR10,000 (US$649), and are required to pay a premium of MVR500 (US$32).

The premium fees are to be paid up front for a year in order to participate in the scheme. The minister stated that the government is working to arrange the receipt of payments through island councils.

“As over 90 percent of Maldivian fishermen work in vessels of over 65 feet in size, we have targeted the full amount of MVR 10,000 for them,” Shainee told press today.

“However, this government has not neglected any fisherman. By this I mean that, although our pledge says MVR10,000 for fishermen on all lean months, we have made the scheme inclusive of even the remaining 10 percent of fishermen,” Shainee explained.

Minister Shainee expressed confidence that the scheme would encourage fishermen to engage in fishing even during the lean months.

It was further revealed that discussions are currently being held to hand over the management of the scheme to the National Social Protection Agency.

It was noted that 722 fishing vessels are currently in the state registry, while 11,894 fishermen are registered as working on these vessels – only 5 percent of them are listed as working on vessels less than 45 feet in length.

According to the ministry, over 80 percent of the registered fishermen work on vessels larger than 65 feet in length. In a previous interview with Minivan News, Dr Shainee had noted that encouraging fishermen to use for economically sized vessels would improve the industry’s profitability.

On Saturday, President Abdulla Yameen revealed at a political rally that application forms for the scheme will be available from April 1 onwards. He further stated that the allowance will be released to fishermen before the end of May.

Yameen further revealed that discussions are being held between the State Trading Organisation (STO) and the Indian government to arrange the supply of petroleum products at a lower price.

Likes(1)Dislikes(0)

Bar Association expresses concern with AG office ceasing issuance of law licences

The Bar Association of Maldives has expressed concern with the Attorney General’s (AG) office indefinitely suspending issuance of licenses to practice law in December last year.

In a press statement today, the Bar Association noted that a number of newly graduated lawyers have since been awaiting licenses from the AG office.

The new graduates were “facing financial and professional losses” as a result of the delay, the Bar Association stated.

The AG office announced on December 17 that it was ceasing the issuance of licenses pending amendments to regulations governing the legal profession.

The office would resume issuing licenses once the amended regulations take effect, the announcement stated.

An official from the AG office told Minivan News today that the amendment or review process was still ongoing, adding that it was difficult to estimate a time for completion.

The Bar Association stated in its press release that it accepted that the regulations were “in need of reform”.

“And this association believes that the solution to this would be the submission of the legal profession bill to the People’s Majlis and its passage into law as soon as possible,” the statement read.

Pending the enactment of a law governing the legal profession, the Bar Association recommended that the AG office resume issuing licenses after amending the regulations in accordance with the draft legislation on the legal profession.

The draft legislation was formulated by the association and shared with the AG office.

Legal lacuna

A bill on the legal profession is included in the government’s legislative agenda (Dhivehi), to be submitted during the second session of the People’s Majlis for 2014.

In the absence of a law governing the legal profession when the new constitution was adopted in August 2008, parliament passed a General Regulations Act as parent legislation for over 80 regulations without a statutory basis, including the regulation governing lawyers.

Article 271 of the constitution states, “Regulations derive their authority from laws passed by the People’s Majlis pursuant to which they are enacted and are enforceable pursuant to such lawful authority. Any regulations requiring compliance by citizens must only be enacted pursuant to authority granted by a law enacted by the People’s Majlis.”

The parent act prolonged the lifespan of the regulations – which did not derive authority from an act of parliament – until new legislation could be passed. Parliament has since been extending the regulations for one year periods.

The last extension was approved in April 2013 with the next extension due in the coming weeks.

Meanwhile, in a comprehensive report on the Maldivian justice system released in May 2013, UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, expressed concern “about the absence of an independent self-regulating bar association or council that oversees the process of admitting candidates to the legal profession, provides for a uniform code of ethics and conduct, and enforces disciplinary measures, including disbarment.”

The AG office being the authority who regulated the legal profession was “contrary to the basic principles on the role of lawyers,” she wrote.

Powers to issue licenses to practice laws as well as enforce disciplinary measures should not rest with the executive, Knaul advised.

She recommended that parliament “should pass comprehensive supporting legislation for the legal profession,” which should be drafted following “comprehensive and substantive consultations with lawyers and should be in line with international principles.”

“The Special Rapporteur believes that the current draft bill on the legal profession needs a lot of revision as it centres on the creation of a Bar Council and neglects other necessary aspects, such as examination procedures to get a licence to practice and continuing education and training,” read the recommendations.

Moreover, Knaul recommended that a “self-regulating independent bar association or council should be urgently established to oversee the process of admitting candidates to the legal profession, provide for a uniform code of ethics and conduct, and enforce disciplinary measures, including disbarment.”

“The Bar Association should, as a matter of priority and in accordance with international standards and norms, develop a code of ethics applicable to all lawyers, which it should vigorously and coherently implement and enforce.”

Likes(0)Dislikes(0)

Week in review: March 22 – 29

The week began with 302 candidates and 189,000 voters taking part in the Maldives’ second multiparty Majlis elections.

After polling proceeded without notable incident, preliminary results quickly showed that the governing Progressive Coalition had secured a clear victory – later confirmed as a 53 seat majority in the 85 seat legislature.

President Abdulla Yameen – whose Progressive Party of Maldives (PPM) took 33 seats – interpreted the result as a ‘yes’ to peace and stability and a chance to pick up where his half-brother Maumoon Abdul Gayoom’s ‘golden 30 years’ had left off.

Meanwhile, Foreign Minister Dunya Maumoon – daughter of former President Gayoom – saw the result as a rejection of “foreign interference” and a show of support for her father and uncle’s leadership.

Coalition ally the Maldives Development Alliance noted that the result – in which it took five seats – as a sign of public confidence in the relatively young party. Despite being upbeat about his party’s 15-seat haul, Jumhooree Party leader Gasim Ibrahim accused his coalition allies of fielding independent candidates in violation of pre-election agreements.

While Yameen acknowledged that vote splitting may have detracted from the size of the coalition win, the immediate effects appeared to have benefited his party, with two of the five successful ‘independent’ candidates switching to the PPM before the official results had been announced.

A further source of discord within the coalition loomed large after Gasim threw his hat into the ring for the Majlis speaker’s position this week. Though Gasim told local media he had the coalition’s full backing, the PPM subsequently announced its intention to field its own candidate.

The impact of the defeat on the Maldivian Democratic Party (MDP) – who won just 26 of the 85 seats for which it fielded candidates – looks likely to be a period of restructuring, with former President Mohamed Nasheed calling for new leaders to step forward.

All observers of the elections – partisans and neutrals alike – expressed concern at the ‘money politics’ involved, with both the MDP and Adhaalath parties blaming such practices for their own poor performances.

Despite the foreign minister’s prior comments, both the EU and the Commonwealth observer missions focused on the negative impact the Supreme Court’s dismissal of Elections Commissioners had upon the electoral environment.

Government business

Amendments to the Decentralisation Act, which would resurrect previous previously thwarted plans for streamlined local governance, were this week introduced on behalf of the government.

The resuscitation of the Nasheed administration’s attempts to transform the country’s energy sector also continued with the outlining of the Accelerating Sustainable Private Investments in Renewable Energy (ASPIRE) programme.

The government’s transformation of the island of Meedhoo appeared not have gone to plan, however, after a recently initiated reclamation project was halted due to its potential environmental and health impacts.

The Immigration Department revealed the success of a recent repatriation programme for illegal migrant workers, while employees on the Vilu Reef resort were also given their marching orders after having taken part in strikes.

In the courts, the decision to uphold a prior ruling saw the return of a five-month-old child to it’s German mother, while the Criminal Court heard the final disturbing details in the 2010 murder of Mariyam Sheereen.

The Tiny Hearts of Maldives NGO this week held their annual camp in Malé’s IGMH, providing expert care for children with congenital heart defects. Meanwhile, in Addu, investigations have begun in the events that led to a death during childbirth at Hithadhoo Regional Hospital.

Likes(1)Dislikes(0)