Prosecutor General resigns before no-confidence debate

Prosecutor General (PG) Ahmed Muizzu has today tendered his resignation, shortly before parliament was set to debate a no-confidence motion against him.

The President’s Office has confirmed that Muiz wrote to newly elected President Abdulla Yameen, following through on a previous promise not to allow the censure motion to reach the floor of the house.

The opposition Maldivian Democratic Party (MDP) filed the motion against Muiz on October 24, claiming that that he had failed to take action against the police and the military officers who mutinied against former President Mohamed Nasheed on February 2012.

Parliament was scheduled to discuss the motion at 1:30pm today. The MDP currently holds a simple majority in parliament, recently using its position to secure the removal of Attorney General (AG) Azima Shukoor in the final days of the Waheed administration.

The MDP in its statement argued that the Commission of National Inquiry (CoNI) report had given clear evidence of gross misconduct by the police and the military on February 7 and 8 2012, which included brutalizing protesters and undermining fundamental rights guaranteed to the people by the constitution.

The party alleged that the PG – despite having the power, authority, and the mandate to look into such actions – had failed to take any action against the wrongdoing noted in the CoNI report.

Former President Mohamed Nasheed has also alleged that Muiz’s independence and impartiality had been compromised in return for his job security.

The PG is constitutionally required to act independently and impartially, with only general policy directives from the AG.

After the original hearings of the Majlis Independent Institutions Committee was disrupted by pro-government MPs, Muiz produced a written response to the charges earlier this month, maintaining that he had always executed his responsibilities in accordance with the constitution and Islamic Sharia.

President Yameen is now required to appoint to the post an individual approved by the majority of the total membership of the People’s Majlis.

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PPM fought whole world to win the election: ‘Sun Travel’ Shiyam

Resort owner and government-aligned politician Ahmed ‘Sun Travel’ Shiyam has said that the Progressive Party of Maldives (PPM) won the presidential election by fighting the entire international community.

“We had to fight with the whole world to win the presidential election. The EU, made up of 30 countries, the Commonwealth, our neighbouring countries, and several organisations were against us,” Shiyam was quoted as saying by Sun Online – party of the MP’s Sun Media Group.

Shiyam’s Maldivian Development Alliance formed an alliance with the PPM going into the repeatedly-delayed presidential polls, supporting the eventual winner Yameen Abdul Gayoom.

“Even the UN was working 24 hours to make sure that we lose the election,” Shiyam was quoted as telling a rally in Male’ yesterday evening.

The annulment of the first round of the presidential election – held on September 7 – was followed by further delays to the rescheduled poll, bringing strong criticism from international actors, whose observer missions had found no problems with the initial vote.

After conducting its own review of the a secret police intelligence report purported to demonstrate voting irregularities, the UN argued that there was no disenfranchisement and that the voter register had met with international standards.

Newly elected President Yameen, meanwhile, struck a more conciliatory tone yesterday, assuring the Indian Prime Minister of his administration’s desire for enhanced bilateral ties.

Writing to Manmohan Singh, the President’s Office website reported Yameen as emphasising that “diverse Indo-Maldives people-to-people contact offers avenues for further cooperation”.

Yameen also urged Singh to pay an official visit to the Maldives as soon as it was mutually convenient to do so.

The Maldives’ traditionally close ties with India came under increasing strain under the previous government – of which the PPM was a prominent partner. The cancellation of a deal to develop Ibrahim Nasir International Airport  in December 2012 was a particularly  contentious issue.

During a visit to India in June, former President and PPM leader Maumoon Abdul Gayoom told the Indian PM of his disappointment that the Maldives’ relationship with India had been impacted upon by the then-government’s decision to evict GMR from the country with seven days notice.

“This was a mistake. Had he consulted all political parties, the public would not have formed the impression that corruption had taken place,” Gayoom was reported as saying in the Hindu.

The cancellation of the project is currently being investigated in a Singapore court of arbitration, with the Indian infrastructure company seeking US$1.4 billion in compensation – more than the Maldives’ annual budget.

The government’s sudden eviction of the Indian investor was quickly followed by a list of 11 grievances handed to all senior Maldivian reporters by the Indian High Commission in January this year.

The list included concerns such as discrimination against Indian expatriates and the confiscation of passports by Maldivian employers.

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MP Imthiyaz Fahmy charged with contempt of court under expired regulation

Opposition Maldivian Democratic Party (MDP) MP Imthiyaz ‘Inthi’ Fahmy is being tried for contempt of court under a regulation that expired in 2011, the MP’s lawyer Masthoor Husny has said during a Criminal Court hearing today.

The Prosecutor General’s Office is charging Fahmy for comments criticizing the Supreme Court during a Raajje TV program called “Fala Suruhee” (Headlines).

Police have asked the PG to try MDP MPs Alhan Fahmy, Mohamed ‘Bonda’ Rasheed, Ali Waheed and ‘Reeko’ Moosa Manik on the same charges.

Husny cited Article 19 and 59 of the Constitution ratified in 2008 which states that a citizen is free to engage in any conduct or activity that is not expressly prohibited by Islamic Shariah or by law and states that no person shall be found guilty of any act or omission.

The regulation criminalising contempt of court was to expire with the ratification of the new constitution.

But the People’s Majlis voted at the time to extend the validity of several regulations until the government is able to submit new laws that are streamlined under the new constitution.

However, in 2011, when the regulations were up for yearly review, the Majlis failed to extend the validity of the regulation criminalising contempt of court.

The hearing was adjourned today when the state prosecutor requested more time to review the matter.

Meanwhile, MP Hamid Abdul Ghafoor has returned home after four weeks of refuge inside the People’s Majlis to evade Criminal Court summons issued in violation of the Parliamentary Privileges and Powers Act.

The Criminal Court then sentenced Hamid to six months in jail in absentia for disobedience to order.

The MDP had pledged to ‘clean the judiciary’ following a series of sex tapes in which Supreme Court Justice Ali Hameed appears to be having sex with several foreign women in a Colombo hotel room.

The MDP has also condemned a series of controversial Supreme Court rulings annulling the first round of presidential elections held on September 7 and the stripping of parliamentary seats of MDP MP Ali Azim and MDP aligned DRP’s Mohamed Nashiz.

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State Trading Organisation bankrupt: President Yameen

The State Trading Organisation (STO) is bankrupt, President Abdulla Yameen revealed at a rally in Hulhumale on Friday night, according to local media reports.

The state-owned STO is the country’s primary wholesaler, responsible for bringing in the vast majority of basic foodstuffs such as rice and flour, as well as other imported commodities such as electrical goods.

It also imports the vast majority of the Maldives’ oil, used to fuel fishing and transport vessels, diesel generators, air-conditioners and water desalination plants.

The STO sparked fears of an impending oil shortage crisis in early November, after then Managing Director Shahid Ali warned the company would run out of oil as early as November 10 if it did not pay some of its US$20 million debt to suppliers.

Shahid told an emergency meeting of parliament that government-owned companies had failed to pay the STO the almost US$40 million it was owed, and appealed to the central bank to use the foreign currency reserves to bail it out of its debt.

Central bank governor Fazeel Najeeb meanwhile warned that currency reserves were dwindling, and the state was on the verge of having to print money.

Speaking during Friday’s rally, President Yameen said “not only does STO not have dollars, it does not have Maldivian Rufiyaa either. Funding the oil import through STO is now a burden for the state.”

“I checked today where STO is now. By the time I left STO, the company had developed many commercial projects and STO was making MVR 154 million in profit. Today, STO is bankrupt. I am telling you, it is bankrupt. STO does not have money,” said Yameen, who chaired the organisation during the rule of his half-brother, Maumoon Abdul Gayoom.

Impact

The tourism industry is generally insulated from Maldives’ financial woes by virtue of operating a separate dollar economy – a practice technically illegal under the country’s monetary regulations, but which reduces the industry’s exposure to the rufiya as well as rendering it unexchangable and creating a foreign currency shortage for local people.

However the tourism industry – indirectly responsible for up to 70 percent of the country’s GDP and up to 90 percent of its foreign exchange – is unable to import oil and other commodities independently and therefore is exposed to any supply shortages experienced by local suppliers of commodities such as oil.

In June 2013 resort operators and businesses across the country were forced to dramatically alter menus and even temporarily close entire restaurants after weeks of disruptions to the supply of Liquefied Petroleum Gas (LPG).

The general manager of one property told Minivan News at the time that the LPG shortage had created a “food and beverage nightmare” that lasted three weeks, while some restaurants in Male were forced to temporarily close.

One of President Yameen’s early acts in office was to replace Shahid Ali as head of the STO with Adam Azim, brother of Defence Minister Mohamed Nazim.

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Names of five cabinet appointees sent to parliament for approval

President Abdulla Yameen Abdul Gayoom has sent the names of five cabinet appointees to parliament for approval.

President’s Office Spokesperson Ibrahim Muaz told local media that the president had sent the names of the first five appointees to the cabinet.

The five Ministers are Minister of Defense and National Security Retired Colonel Mohamed Nazim, Minister of Finance and Treasury Abdulla Jihad, Minister of Tourism Arts and Culture Ahmed Adheeb, Minister of Transport and Communication Ameen Ibrahim and Minister of Foreign Affairs Dunya Maumoon.

“The government will send the names of other members of the cabinet very soon,” Muaz said.

After assuming power, President Yameen appointed a cabinet consisting of fifteen cabinet ministers.

All Ministers are constitutionally required to be approved by parliament in order to permanently remain in their positions as per the article 129(c) of the Constitution.

Furthermore, a Supreme Court ruling in December 2010 – made in response to requests from then-opposition Dhivehi Rayyithunge Party’s (DRP) MPs – overturned then President Mohamed Nasheed’s argument that the provision was “ceremonial”, forcing him to replace seven of his cabinet ministers.

According the President’s Office Spokesperson Muaz, the president is expected to hold his first cabinet meeting this week.

President Yameen’s cabinet:

  • Minister of Defense and National Security, Retired Colonel Mohamed Nazim
  • Minister of Finance and Treasury, Abdulla Jihad
  • Minister of Tourism, Ahmed Adheeb (PPM)
  • Minister of Foreign Affairs, Dunya Maumoon (PPM)
  • Minister of Transport and Communication, Ameen Ibrahim (Jumhoree Party)
  • Minister of Home Affairs, Umar Naseer
  • Minister of Islamic Affairs, Sheikh Dr Mohamed Shaheem Ali Saeed (Adhaalath Party)
  • Minister of Housing and Infrastructure, Dr Mohamed Muiz (Adhaalath Party)
  • Minister of Fisheries and Agriculture, Dr Mohamed Shainy
  • Minister of Economic Development, Mohamed Saeed (Jumhoree Party)
  • Minister of Environment and Energy, Thoriq Ibrahim
  • Minister of Education, Dr Aishath Shiham (PPM)
  • Minister of Health and Gender, Dr Mariyam Shakeela
  • Minister of Youth and Sports, Mohamed Maleeh Jamaal (PPM)
  • Attorney General Mohamed Anil
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Tourism decline due to negligence in promoting destination: ‘Sun’ Shiyam

The decline in tourism arrivals from the Maldives’ traditional European markets is a result of the state’s failure to adequately promote the destination, resort tycoon and Maldives Development Alliance (MDA) leader MP Ahmed ‘Sun’ Shiyam has declared.

The MDA allied with the Progressive Party of the Maldives (PPM) for the recent election, in which PPM candidate Abdulla Yameen was declared President.

“Tourist arrivals from European markets have gone down more than ever before. Maldivians are not able to enjoy the real benefits, because of negligence in promoting tourism,” Shiyam alleged in local media.

Tourism marketing is overseen by the Maldives Marketing and PR Corporation (MMPRC) and Tourism Ministry, the minister of which, Ahmed Adheeb, was last week reappointed to the same post in Yameen’s government. The MMPRC’s former head, Mohamed Maleeh Jamal, was appointed Minister of Youth and Sports.

Shiyam warned of a deteriorating economic situation that could leave the government no other option than cost cutting.

According to a recent report by the Finance Ministry, tourism growth flat-lined in 2012 as a result of two years of political turmoil.

The tourism industry’s Gross Domestic Product (GDP) growth in 2012 declined by 0.1 percent following 15.8 percent growth in 2010 and 9.2 percent in 2011, the Finance Ministry revealed in a “Fiscal and Economic Outlook: 2012 to 2016″ statement included in the 2014 budget (Dhivehi) submitted to parliament.

“The main reason for this was the political turmoil the country faced in February 2012 and the decline in the number of days tourists spent in the country,” the report explained.

Tourism growth is measured in bed nights, as arrival figures – predicted to top one million in 2013 – do not necessarily give a clear picture of the industry’s performance.

“As the most number of tourists to the country now come from China, we note that the low number of nights on average that a Chinese tourist spends in the Maldives has an adverse effect on the tourism sector’s GDP,” noted the Finance Ministry’s report.

The Maldivian economy is largely dependent on tourism, which accounted for 28 percent of GDP on average in the past five years, and generated 38 percent of government revenue in 2012. Indirectly the industry is thought to contribute up to 70 percent of GDP, and 90 percent of all foreign exchange.

Much of that revenue is generated through the tourism GST, introduced during the Nasheed government amid resistance from many of the country’s resort tycoons. It is currently set at 8 percent, however the new government has warned it may increase it to 12 percent in an attempt to match its high levels of expenditure.

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Comment: Justice elusive for female victims of violence

Violence against women remains one of the greatest scourges of our time. It is disgraceful that even today, for many women and girls everywhere, violence is lurking around street corners, in workplaces or in their very own homes. And too often, justice is elusive.

In Busia, Kenya, in June this year, a 16-year-old girl was gang-raped and thrown into a six-metre-deep pit latrine, breaking her back and leaving her with obstetric fistula. Police chose not to prosecute the men, instead ordering them to cut grass around the police station as punishment. The news unleashed a rare outpouring of public indignation and a petition was signed by 1.4 million people. The “Justice for Liz” campaign led the Chief Justice of Kenya to call for immediate action in the case.

Why did it take agitation by 1.4 million people to begin the process of justice which is the victim’s fundamental human right?

Halfway around the world, in Auckland, New Zealand, when a 13-year-old girl had gone to the police to report that she had been raped by three young men, one of the first questions she was reportedly asked was: “What were you wearing”. This was in 2011. Two years later, after many similar attacks by the same gang, it took a public exposé to rattle the authorities into action. The Independent Police Conduct Authority of New Zealand has been ordered to look into the handling of these cases and police are now finally conducting the investigations they should have begun two years ago.

Sadly, these are not isolated cases. Such crimes occur on a daily basis in countries across the world, but they rarely make headlines or lead to public outrage and action by high-level officials. In most parts of the world, women are too ashamed or fearful to report violence, particularly sexual violence, to the police. And when they overcome various societal barriers and taboos to file a complaint, they are all too often met with callous, insensitive official reactions, effectively blocking all access to justice.

Violence against women and girls has been perpetuated by centuries of male dominance and gender-based discrimination. Building on deeply entrenched social norms that frame women’s worth around discriminatory notions of chastity and “honour”, violence is often used to control and humiliate not only the victims, but also their families and communities. It is essential to challenge such notions, which often permeate the justice system itself, resulting in a vicious cycle of impunity and further violence.

The UN Committee on the Elimination on Discrimination against Women and the UN Special Rapporteur on Violence against Women have been documenting violence against women, its causes and consequences in all parts of the world and recommending measures to eliminate such violence and to remedy its consequences. These recommendations must be taken seriously. States are obliged by international human rights law to ensure that the criminal justice system, at every stage, is free of gender bias, including in investigation, prosecution, interrogation and protection of victims and witnesses, and in sentencing.

The suggestion that women have a propensity to lie and that their testimony must be corroborated or treated with caution should be eliminated from every level of the judicial process, as must the idea that women invite sexual violence by being out late or by dressing in a particular manner.

On this International Day for the Elimination of Violence against Women, let us do our part to eliminate the harmful gender stereotypes that help perpetuate a climate where violence against women is considered acceptable or “deserved”. Violence is simply and totally unacceptable – no matter what she was wearing.

Navi Pillay is the UN Human Rights Commissioner

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

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MDP turns focus to local council elections

The Maldivian Democratic Party (MDP) must present its vision of functioning city, atoll and island councils to the public ahead of the local government elections on January 18, former President Mohamed Nasheed said last night at the opposition party’s first post-election rally.

Speaking to thousands of supporters at the carnival stage area in Male’, Nasheed noted that the chapter on decentralisation in the constitution was added by the MDP while others insisted that it conflicted with the Maldives being a unitary state.

“Maldivian rulers should not think after this January that they could govern without city councils, atoll councils and island councils,” Nasheed said.

While the People’s Majlis has oversight powers to hold the government accountable, Nasheed said it was the councils that “directly provide services to the public.”

The purpose of decentralised administration was to bring the government “closer to the people,” he said, adding that the MDP government worked closely with the councils elected in February 2011.

The MDP’s vision for city and island councils should be based on the experience of the past three years, he said.

Nasheed referred to the signing of a waste management contract with India’s Tatva Global Renewable Energy earlier this month.

The contract should have been signed in February 2012 but was delayed by the previous administration, he continued, which worsened the waste disposal problem in the capital and deprived the city council’s waste management section of necessary investment.

The former MDP presidential candidate expressed confidence of winning the council elections against the parties in the government coalition.

Nasheed observed that the MDP won clear majorities in the presidential election from urban centres such as Male’ City and the southernmost Addu City as well as a plurality of votes in most other constituencies.

As the party would win against more than one candidate from different parties, Nasheed said the MDP should assume that government-aligned parties would field single candidates.

“We must face this contest on our own, with our own courage,” he said.

“MDP is a ship for all seas,” Nasheed said, adding that the party was equally fit for governance and opposition.

Nasheed vowed that the MDP would hold the present administration answerable and watch over its actions “every minute of every day.”

The party would keep citizens informed, he added, asserting that the country could “no longer be governed through deceiving the public.”

“Freedom of assembly and freedom of expression must be defended even with our lives. We have to maintain this system that we’ve got,” Nasheed said.

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No confidence motion against Speaker disqualified

A no-confidence motion submitted by the Progressive Party of the Maldives (PPM) against People’s Majlis Speaker Abdulla Shahid was disqualified while it was being debated on the parliament floor on Thursday.

According to the Parliament’s Standing Orders, a no confidence petition must have the support of 15 MPs. Today’s motion was disqualified when two of the 15 MPs who signed the petition withdrew their signatures while the debate on the motion was ongoing.

The two MPs were  Ahmed Shareef and Ibrahim Ameen.

Speaking to Minivan News, Shahid said the no confidence motion was a “baseless, judgmental and a reaction to the broader political divide in the country.”

“I feel once again, that the MPs have recognised my contribution in a very politically turbulent time,” he said.

The PPM tabled the motion claiming Shahid was an “obstruction in the maintenance of law and order” alleging he had violated the sanctity of the People’s Majlis, abused the powers of his position, challenged the Supreme Court’s orders and helped MDP MP Hamid Abdul Gafoor evade justice by offering him refuge in the parliament building.

In response, Shahid said he welcomed the no confidence motion as the current Majlis is the only parliament in Maldivian history where MPs were allowed to express or withdraw support for a Speaker.

Before the ratification of the 2008 constitution, it was the president who had the authority to appoint or dismiss the Speaker.

Noting that the Maldives’ presidential system mandates an active political role for the Speaker, Shahid said: “In the aftermath of a very tight political presidential election, it is expected that one or more political parties may have grievances against the Speaker.”

He said he had upheld the constitution and the Parliamentary Powers and Privileges Act, reminding the Majlis that they had passed the act with a two thirds majority after the president vetoed the bill.

Parliamentary privileges are not duty free cars or diplomatic passports, but the privilege to speak on behalf of the people without any fear, Shahid said and noted that several MPs were in jail when the special assembly to write the new constitution held a vote to select the Speaker of the constitutional assembly in 2005.

Every MP is an elected representative and as such Shahid had facilitated every MP’s right to represent their constituency and express the citizen’s views within the law, he argued.

Pointing to the Majlis refusal to hold sittings when President Mohamed Nasheed had arrested MPs Gasim Ibrahim and current President Abdulla Yameen Abdul Gayoom, Shahid said he had stood up for the rights of every single MP without regard to political party.

“I will not hold any enmity towards any of you for any action taken against me as I speak the truth,” Shahid said.

Shahid has been an MP since 1995 and had survived a no confidence motion submitted against him by the MDP in June 2012 with 45 MPs voting against the motion.

Shahid joined the MDP in April 2013.

The MDP has withdrawn a no confidence motion against Deputy Speaker Ahmed Nazim

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