Category: Politics

MDP confident MPs will support a parliament boycott as party seeks international pressure for reforms

The opposition Maldivian Democratic Party (MDP) has said its parliamentary group is expected to support proposals to boycott the People’s Majlis, alleging the government is failing to secure agreement on early elections or reforms to key national institutions.

MDP MP and Spokesperson Hamid Abdul Ghafoor said today that despite delaying a decision this week on whether the party’s parliamentary group would back its calls for a boycott, support would be forthcoming for “disengagement” from a political process he claimed was failing to secure reforms highlighted in the Commission of National Inquiry (CNI) report.

However, a number of government-aligned parties speaking with Minivan News have slammed any such boycott, claiming that with the release of the CNI’s findings last month, parliament was now the only place where agreement and concession on the nation’s political “differences” can be made.

MP Ghafoor said that talks scheduled for Sunday (September 16) between the MDP Parliamentary Group and its national council had failed to come to a decision on whether such a boycott would be supported.  Ghafoor added that a number of MPs were unavailable to participate either through travelling or being in their constituencies.

“Yesterday we didn’t have adequate numbers to make a decision so we wanted some more time on this matter,” he claimed.

Ghafoor said he was confident there would ultimately be support to move ahead with the boycott, which was claimed to be vital in maintaining international pressure in securing hosting early elections as soon as possible.  Several recommendations were raised through the conclusions of the CNI concerning the capacity of the country’s judiciary and “excessive force” used by elements of the police between February 6 and February 8.

The MDP has maintained that as well as highlighting a need for reforms of the country’s judiciary and certain civil society institutions, the CNI’s conclusions also called for action to be taken against key defence and military officers suspected of instigating acts of violence in the build up and aftermath of the transfer of power.

Ghafoor claimed the government had failed to show any substantial commitments meet it obligations in addressing these concerns, as well as rejecting a role for the MDP in the new president’s coalition government.

“The boycott should be viewed as a total disengagement from the process of engaging with opposition parties both through talks and the Majlis,” he said. “We hope to create a vacuum that would bring an international third party into the process.”

Ghafoor added that the party had been “engaged” since February 7 in dialogue to try and secure agreement on moving forward with the national unity coalition government of President Dr Mohamed Waheed Hassan, which it accuses of coming to power in a “coup d’etat”.

The MDP’s claims of a “coup d’etat” were dismissed by the CNI report, which was published last month and later accepted by the MDP.  This acceptance was said to be made with several reservations that were raised by the appointee of former President Mohamed Nasheed about an alleged failure to commit certain key evidence and witness accounts from the report’s findings.

Ghafoor contended that a number of concerns remained including the the government rejecting allowing the MPD to join the national coalition government as well as the inclusion of the Progressive Party of Maldives (PPM) and the Dhivehi Rayyithunge Party (DRP) in the executive following the transfer of power.

“What we have right now is a structural problem here. We are told that no coup has occurred yet, we have opposition parties in the executive, while we have now become the country’s opposition according to the Majlis,” Ghafoor said. “The onus right now is on parliament to carry forward on these talks and ensure agreements can be reached. We are not confident this can be done [through dialogue with the government and coalition parties],” he added.

Ghafoor claimed that the MDP’s strategy was aimed at ensuring a renewed role for the international community to help push for reforms, something the party earlier this week stated be a key focus for former President Nasheed during an ongoing visit to the UK.

“The international community still has a responsibility to engage the situation here and try and find a solution to the issues being faced,” he said.

Responding to the proposed Majlis boycott, Jumhoree Party (JP) Deputy Leader Abdulla Jabir said that any party – no matter their political allegiance – opting to boycott the Majlis was a regrettable development as the country sought political and economic stability.

“I would regret any party, be it the MDP, PPM or DRP deciding to disrupt the People’s Majis. We are a small country after all,” he said.

Jabir claimed that in line with “many mistakes” made by former President Nasheed whilst he was in office, the MDP’s proposal to block the work of the Majlis was a similarly “regretful” decision.

Meanwhile, Abdullah Ameen, Secretary General of the government-aligned Dhivehi Quamee Party (DQP) told Minivan News that he believed that the Majlis remained a place of “engagement” for political parties, as well as the only place where any “concessions” between politicians could be made.

“There are definitely issues that need to be addressed on all sides and parliament will remain the best place to discuss issues such as early elections or any changes to the constitution,” he said.

Ameen added that while international assistance was welcome in trying to resolve political matters, local independent institutions already existed to address any issues that arose.

“If it becomes too difficult to find resolutions through the Majlis, then international assistance is welcomed, but it is best practice to try working through the Majlis first,” he said.

“As a nation we need to sit down and talk. If you wish to pressure the government the streets are not the place to do so. The government and coalition parties are here to speak. It’s very sad that people are not choosing to do so.”

According to Ameen, Dr Waheed’s coalition government had already conceded to what he claimed were MDP demands to reform the CNI with international participation to address concerns about its independence.

“The MDP demanded international observers and we addressed these concerns. I don’t know what more we can do,” he added.

The original three member CNI was reformed under pressure from the Commonwealth Ministerial Action Group (CMAG) to include a co-chair in retired Singaporean judge, an appointee to represent former President Nasheed and international observers. The reformed body began its work back in June.

Minivan News also sought a response over the proposed boycott from DRP Leader Ahmed Thasmeen Ali and PPM Interim Deputy Leader Umar Naseer, whowere not responding to calls at the time of press.

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Attorney General asks for Supreme Court to decide jurisdiction on GMR

The Attorney General Azima Shukoor has said she will ask the Supreme Court to rule on whether the laws of the Maldives can be applied to the government’s agreement with GMR concerning the development of Ibrahim Nasir International Airport (INIA), local media has reported.

Shukoor, who was not responding to calls at the time of press today, said a request was sent following the release of a Supreme Court statement yesterday.

“It is against the International laws and the United Nations Charter that any action that undermines any sovereign right of a sovereign state, it is clear that courts of a sovereign nation has the jurisdiction to look into any matter that takes place within the boundaries of that state as according to the constitution and laws of that state,” read the statement.

“Even though a contract has an arbitration clause giving right to arbitrate in a foreign court does not limit a local courts jurisdiction to look into the formed contract, and it is clear that such limitations are in violation of UN Charters principles of sovereign equality, principle of sovereign non intervention within domestic jurisdiction, principle of self determination rights,” read the statement.

Shukoor told Haveeru that if the case could be dealt with by the Maldivian courts, the process would become much easier.

However, she also expressed her confidence that government would be successful in the arbitration case regarding the Airport Development Charge, which was file by GMR in Singapore.

“We can win the case at the Singapore Arbitration even by biding our time. It is quite certain,” she told Haveeru.

The original agreement, argued Azima, was drafted under UK law although both sides agreed to settle any disputes through third party arbitration.

Arbitration

Third party arbitration is often used in order to gain impartial decisions from international experts whilst avoiding the uncertainties and potential limitations of local courts.

One of the world’s leading arbitration companies, the Singapore International Arbitration Centre (SIAC) gives a number of examples of why Singapore is frequently chosen for international arbitration.

Number one in its list is the country’s strong reputation for neutrality, currently placed fifth in Transparency International’s Corruption Perceptions Index, behind New Zealand, Denmark, Finland and Sweden

The Maldives is currently placed 134th in this list alongside Eritrea, Pakistan, and Sierra Leone.

The Maldives judicial system has also faced issues regarding its political independence since the adoption of the 2008 constitution.

A recent report by the International Federation for Human Rights (FIDH) said that “different sections of the judiciary have failed to become fully independent and still lack adequate expertise.”

“According to testimonies from members of the judiciary met by the FIDH team in Male’, under the successive administrations, no political party has actually ever shown any willingness to establish an independent judiciary since each seems to benefit from the existing system,” said the report.

“Moreover, the judiciary is allegedly under the influence of the business sector. For instance, the member of the JSC appointed by the Majlis is also one of the main business tycoon of the country. His presence in the body overseeing the conduct of judges, as well as the general pressure imposed upon the business sector on the judiciary, has therefore been subjected to controversy,” it concluded.

Both civil society groups as well as the current government have acknowledged the need for stronger independent institutions in the country.

President of the Anti Corruption Commission (ACC) Hassan Luthfee told local media yesterday that one of its three cases regarding the GMR deal was nearing completion.

Luthfee, who has recently questioned the ability of the ACC to fulfil its mandate, told Minivan News last week that a high profile case such as this was not easy for the institution to finish which was likely to result in delays.

“Even an international organization such as the International Finance Corporation (IFC) had provided expertise in this case. So when such an allegation of a major criminal offence has been made we must probe the matter quite extensively. This is by far the most high profile and sensitive case. So we must be certain,” he told Haveeru yesterday.

The IFC was forced to defend itself this week after being described by senior cabinet figures as “irresponsible and negligent” during the INIA bidding process.

Shukoor had said last week that as long as the agreement between GMR and the government is not invalidated, the agreement would be “legally binding” despite a “majority of the people” who wish to “terminate the agreement immediately”.

She also expressed the government’s concern about the effect on investor confidence that may result if the agreement was terminated.

Independent MP Mohamed Nasheed today told local media that, despite indicating its willingness to do so, the Majlis had not at present become a party to the 1958 New York Arbitration Convention which deals with the recognition and enforcement of arbitration awards.

Nasheed argued that the Maldivian constitution requires citizens to act in accordance with international conventions which have been backed by domestic legislation.

He added, however, that the Maldives’ Arbitration Act was still in the committee stage.

Nasheed was not responding to calls at the time of press.

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MPL accused of creating fake ports worker union to dismiss employment rights violations

The Maldives Port Workers Union (MPWU) have accused Maldives Ports Limited (MPL) of forming a “paper union” to shove aside the alleged violation of employee rights by the state corporation.

Sacked MPL employee and President of MPWU, Ibrahim Khaleel, told Minivan News that his former employer was trying to “fabricate the truth” about the violations of rights of their employees.

The ‘Maldives National Port Workers Union’ was formed just five days after MPL received a letter from the Asia Pacific Regional Office of International Transport workers Federation (ITF), which had raised concerns over the alleged employment rights violations.

“[ITF] sent a letter raising concerns of the employment violations in MPL to its management. So what they did was instead of addressing the issues and concern, they formed a paper union, legally recognised it and made the Maldives Port Workers Union illegal,” Khaleel explained.

He further claimed that MPL had labeled the union – which is registered with the ITF and International Labour Organisation (ILO) – as a “political gang” working against the current government of President Mohamed Waheed Hassan.

“They are attempting to destroy the union by sacking its leaders, including myself, and suspending or taking action against those who raise their voice. This is unconstitutional,” Khaleel challenged. “The constitution ensures us the right to freedom of assembly, right to strike, and freedom of expression. They terminate our employment contract because we practised our constitutional rights.”

MPL Media Coordinator Ibrahim Rilwan did not respond at time of press.

Exchange of letters

In a document received by Minvan News, MPL Chairman Abdul Matheen Ahmed allegedly responded to ITF’s Asia Pacific Regional Office, stating that MPL was “extremely surprised” by the statements in ITF’s letter.

The letter addressed to ITF official Mahendra Sharma further stated that the MPL as “a corporate entity” exercises its “right to take disciplinary action against staff when they are in breach of their employment contract”, and said it had been the practice since the formation of the company.

MPL, in the letter, further claimed that it did not “deviate from any Maldivian government regulation” during the course of its action and “will not do so in the future”.

“Hence we are quite surprised on this issue you are talking about. Please make this clearer to us. As to the events you have stated in the letter, we are sure it has not taken place in our company and nor is our human resource department aware of any such issues,” read the letter.

The letter also goes on to describe the MPWU as an “unfounded, illegal association”, attempting to defame the MPL.

“Moreover let us bring to your notice, given the present political situation in Maldives’, many such unfounded, unauthorised illegal so-called associations and unions could be sending you such letters, to try and defame the government internationally.”

“It would be our humble request for your organisation not to get entangled in such unfounded allegations brought forward by politically’ motivated groups and gangs,” Abdul Matheen Ahmed wrote.

MPL requested the ITF communicate instead with the “Maldives National Port Workers Union (MNPWU)” -the ‘paper union’ Khaleel has alleged was created by the ports authority itself.

The MNPWU meanwhile dismissed all claims of the MPWU and said that no employment rights violations were taking place.

ITF General Secretary responds

Meanwhile, another letter received by Minivan News, which was sent by the General Secretary of ITF David Cockroft to President Waheed, described MPL’s actions as “an anti-union campaign” and raised concerns over “the systematic targeting” of the leaders of MPWU and its members by MPL.

The letter strongly rebutted the assertions made by the MPL Chairman that the ITF had not fully examined the facts surrounding the situation, and said it takes “serious cognisance” in situations where workers were “denied trade union rights, threatened and victimised” for conducting legitimate trade union activities.

“May I also draw your attention to the fact that the ILO warranted the MPWU complaint legitimate enough to write to the Maldives government concerning the issues which have been raised with it,” read the letter.

The letter also contested the MPL’s claim over the legitimacy of MPWU, where it stated: “The Maldives Port Workers Union is an officially registered trade union, having received its registration certificate from the Ministry of Home Affairs on 29th May 2011. It was also a member of the Maldives delegation to the ILO’s International Labour Conference held in June 2011,”

“On 29th August, the ITF Regional Secretary for Asia Pacific received a written response from Abdul Matheen Ahmed, the Chairman of Maldives Port Limited which incorrectly referred to a different union and which denies that the termination of employment of the MPWU’s President, an MPWU Executive Member and 6 MPWU members, the suspension of a further 49 MPWU members, and the reassignment of many other MPWU members to other ports has taken place,” read the letter.

The letter also raised doubts over the alleged ‘paper union’, the MNPWU, stating that it “appears to have been registered at the Ministry of Home Affairs five days after our Regional Secretary sent his correspondence to the Chairman raising the serious trade union rights violations within Maldives Port Limited”.

Cockroft, in the letter, further urged President Waheed to ensure that the Maldivian constitution and employment laws were fully respected and upheld by the MPL.

“I request that you use your office as President of the Republic of Maldives to instruct the Chairman and management of Maldives Port Limited to respect the country’s constitution and employment laws and immediately halt their anti-union campaign against members of the MPWU, and to enter into a real dialogue and conciliation process with MPWU which will result in a negotiated settlement which addresses the legitimate grievances of members of the MPWU.”

‘Maldives National Port Workers Union’

Speaking to Minivan News, a founding member of the new Maldives National Port Workers Union, Ibrahim Rasheed, said the union was registered last month and it was “very difficult” for him to comment on it because they were still working on the inaugural meeting and the elections of the union.

“Yes, we registered the union last month. But we still have to hold the inaugural meeting and the elections so it is very difficult to comment on the union or what we plan to do,” he said.

Asked why another union was formed when MPWU already existed, or if the union was formed because MPWU had failed to do its job, Rasheed simply said that it was not because MPWU was not upholding the rights of the employees but because “anybody can form a union.”

“It is not like that. You see, even in some islands there are more than one association, so like that what is wrong with having two or even five unions? That is why we thought of making another union,” he said.

Rasheed assured Minivan News that the MNPWU would provide more details about itself, and assured the publication it would be invited to cover the inaugural meeting.

However, Rasheed later called Minivan News back, referring it to another individual, stating that this person “would give more information” about the union.

“You should also call the number I gave. He is more active. You know, even if a couple forms a company, it would usually be the husband who would get more involved, so like that he is more involved in it than I am,” Rasheed said.

The phone number Rasheed provided was switched off when Minivan News called it.

Political motive

In April 2012 seven staffs at MPL were suspended from their jobs at the state company for participating in protests held by ousted Maldivian Democratic Party (MDP)’s anti government protests.

MPL Media Coordinator Ibrahim Rilwan at the time confirmed the suspensions, but said he did not know the specifics regarding the case. The code of conduct does not prohibit participation in political activities, but staff can be disciplined if they transgress good behavioral norms, he added.

However some staff at MPL alleged that the senior officials of the state corporation had warned employees to not to participate in protests, and that action would be taken by those who do.

An employee who wished to remain anonymous said, at the time, that he too had been warned by his directors not to attend MDP protests. Furthermore, he added that he had not yet seen the company’s code of conduct.

“They do not share the code of conduct when they recruit you. I have not seen this, I don’t think anyone has. I don’t even know what it says,” he said.

“A lot of MPL staff are MDP supporters. So the senior staff send people to MDP protests to monitor and take pictures of who attends. The whole point of this is intimidation,” he alleged.

Last July, MPWU accused the MPL of violating employee rights, alleging the state-owned company had unfairly dismissed four employees due to their political activism.

In a letter sent on July 12 to MPL CEO Mahdi Imad, MPWU President Khaleel said: “Although the constitution guarantees freedom of expression and freedom of assembly, it is now common within MPL to stop employees from expressing certain political views, and violate the employment act by unfairly dismissing employees and transferring employees to different departments without prior warning or explanation of any offense committed.”

Following the concerns of MPWU, The World Federation of Trade Unions (WFTU) expressed concern over the allegation claiming “infringement of trade union rights and freedoms,” and called upon President Waheed to immediately terminate its “attack” on members and the leadership of the MPWU.

Meanwhile, last month a leaked audio of former Deputy CEO of MPL Ahmed Faiz discussing the hiring of individuals to loudly promote President Waheed in local cafes.

In the 15 minute audio, Faiz spoke in detail about his intention to hire his audience as government supporters, President Waheed’s reluctance to maintain ties with the Progressive Party of Maldives (PPM), an intention to “wipe [former President] Maumoon out of the political picture”, other problems arising in the current ‘unity’ government, his own influence within the State Trading Organisation (STO), and large amounts of money being illicitly obtained.

“What I’m saying is, this government is now appointing people to different posts and it’s getting structured in the manner we want. Now there are a lot of things that I can do. Material benefits can be gained, and lots of other things. Credit from STO (State Trading Organisation) worth millions of rufiya, that’s absolutely welcome,” he says in the alleged audio clip.

Faiz also stated his intention to gain wealth and money in the audio clip, saying no means would be spared.

“I will only be able to acquire money when the condition to getting more money is put in place. We’ll be able to get more money now than we have ever managed to get from this country all our lives. This is what I want. I want money too,”

Faiz is a member of President Dr Mohamed Waheed Hassan’s Gaumee Itthihaad Party (GIP), and was previously appointed by him as the Managing Director of the Maldives National Broadcasting Corporation (MNBC).

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Police signed housing scheme MoU without legal advice from AG office

The Attorney General’s Office stated Monday that the Maldives Police Service had not obtained legal advice from them before signing a memorandum of understanding (MoU) regarding the police housing scheme.

The AG office told local media that they had commented on the draft MoU submitted by the MPS, informing them that some necessary information was missing. They had not heard back from the police on the matter. The AG office said it learned about the signing of the MoU only through media reports following the event.

However, Police Media Official Sub-Inspector Hassan Haneef told Minivan News today that they had discussed with all relevant entities before signing the MoU.

When asked if the police had received or responded to the comments on the MoU sent by the AG office, Haneef said, “We have no further comments to make on whatever the AG office has to say. That’s up to them. Our official response is that we have sought legal advice from those we have to consult, as per the constitution.”

Maldives Police Services signed this MoU with the Housing Development Finance Corporation (HDFC) and the Housing Development Corporation (HDC) on 13th September 2012, according to media reports. The MoU was an agreement to build 300 flats in Hulhumale’ for the use of police officers.

Speaking at the ceremony, Commissioner of Police Abdulla Riyaz has said they hoped to complete the 300 flats within a span of two years.

Minister of Home Affairs Mohamed Jameel Ahmed has said that this was in accordance with President Waheed’s pledge upon assuming office of providing housing for police officers.

HDFC has also introduced a loan scheme for police officers in August, where officers can obtain loans to build houses owned by them.

Attorney General Azima Shukoor was not responding to calls at the time of press.

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Not much support from political parties to back one candidate in 2013 elections: ‘Madhanee Ihthihaadh’

‘Madhanee Ihthihaadh’, a coalition of NGOs, met with four of the smaller active political parties on Sunday to hold discussions regarding preparations for the 2013 presidential elections.

The smaller parties which attended this meeting were the Islamic Democratic Party (IDP), Maldives National Congress (MNC), Maldives social Democratic Party (MSDP) and People’s Party (PP).

According to the latest figures on the elections commission website, IDP has 3484 members, MNC has 1474, MSDP has 1897 and PP has 1730 members.

At a press conference held after the meeting, President of the NGO Coalition, Mohamed Didi, who is also the current Minister of State for Islamic Affairs, said that this was only the beginning of a series of meetings to come. He said that the meetings were centred around discussions in preparation for the 2013 presidential election.

“What we have been able to agree on so far is that we will continue having more meetings like this and that we can come up with more solutions on how to work together,” Didi said.

The NGO Coalition said today that there wasn’t much support from any political party for the idea of backing one single candidate in the 2013 elections. Didi also stated that they intended to continue discussing the idea with the larger political parties.

Vice President of the NGO Coalition and Minister of State for Home Affairs Abdulla Mohamed said that he believed larger parties were reluctant to back a common presidential candidate because each party had plans to have their own candidate run in the elections.

“We tried as hard as we could to get all the larger parties to back a common candidate, but we are not getting as much cooperation from this government’s coalition as we had initially assumed,” Mohamed said.

Mohamed however said that this decision by the parties was acceptable in a democratic society, and that the parties may be acting in line with the wishes of its’ members.

Former president Maumoon Abdul Gayyoom has previously said that there is a possibility that President Waheed could be PPM’s presidential candidate for 2013.

The current unity government has members from the President Mohamed Waheed Hassan Manik’s Gaumee Ihthihaadh Party (GIP), Progressive Party of Maldives (PPM), People’s Alliance (PA), Jumhooree Party (JP), Adhaalath Party (AP), Qaumee Party (QP) and the NGO Coalition.

PPM, JP and DRP have been previously reported in local media expressing interest to bring out separate candidates for the 2013 presidential elections.

IDP, MNC and PP offices were not responding to call at the time of press. The contact number of MSDP listed in the Elections Commission website is disconnected.

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CMAG lobbying anticipated to be key focus during Nasheed’s UK visit

Former President Mohamed Nasheed is expected during a visit to the UK this week to lobby the Commonwealth Ministerial Action Group (CMAG) to keep the Maldives on its agenda and assist in enacting reforms to civil society institutions, his party has said.

With Nasheed this week making his first visit to Europe since February’s controversial transfer of power, the Maldivian Democratic Party (MDP) has said it anticipates the former president will lobby during the trip to keep the Maldives on CMAG’s agenda as well as to help set clear targets for a Commonwealth-backed reform agenda.

The MDP has claimed that it is now advocating for an agreement on “structural adjustments” that would help address concerns raised in the Commission of National Inquiry (CNI) report.  The report, released last month, rejected accusations by Nasheed and his supporters that he was forced to resign from office.

The current government has meanwhile said that it would be difficult to look into concerns raised by the CNI concerning the events between February 6 to February 8 this year without potentially implicating Nasheed for his role in the alleged use of “excessive force” by police during his tenure.

The President’s Office also maintained that any reforms to the country’s judiciary or civil society would have to be made through the country’s independent institutions such as the Police Integrity Commission (PIC) and the Judicial Services Commission (JSC)

Nasheed left today for the UK, where he is scheduled to meet senior UK government officials and MPs as well as top Commonwealth’s figures and human rights organisations. He will be joined during the visit by former Foreign Minister Ahmed Naseem and the party’s Deputy Chairperson (Finance) Ahmed Mausoom.

As well as speaking both in London and Scotland on the theme of democracy in the Maldives, the MDP today said it anticipated Nasheed, who is presently chosen to represent the party in the next general election, would also be likely to lobby to keep the Maldives on the agenda of the CMAG.

CMAG had placed Maldives on its formal agenda in February, at the time citing ‘the questions that remain about the precise circumstances of the change of the government, as well as the fragility of the situation in Maldives’ as reasons.

The government has maintained that the CMAG ‘lacked mandate’ to place Maldives on the agenda. Following this there has been multiple instances where the government had expressed disapproval in what it termed ‘interference’ by the Commonwealth.

MDP MP and spokesperson Hamid Abdul Ghafoor said that it was anticipated Nasheed would seek to have GMAG retain the Maldives on its agenda in order to pressure the Waheed administration to meet a number of commitments such as those raised in the CNI’s findings.

“I expect there will be strong lobbying for our position [on CMAG],” he said. We have agreed to go ahead with the CNI recommendations, though with the reservations raised by Ahmed ‘Gahaa’ Saeed.

Saeed was chosen to be Nasheed’s representative on a reformed CNI panel charged with investigating the events surrounding the transfer of power on February 7. However, he resigned the day before the findings were released over concerns at what he claimed was omitted evidence and witness accounts from the final report.

Ghafoor added that with the CNI report suggesting a need for structural adjustment of certain civil society institutions along with the judiciary – a major concern for the Nasheed administration in its last few months – he hoped the Commonwealth would support such reforms.

“Whilst in government, we had previously participated with the International Monetary Fund (IMF) on a voluntary basis whilst in government to undergo structural reform,” he claimed. “It required bitter medicine, such as in the sacking of some civil servants, but it was vital in trying to cut the state debt.”

Ghafoor added that he hoped CMAG could provide similar assistance in setting up a structural adjustment programme that set clear dates by which key reforms in areas like the judiciary or civil society were to be enacted.

“We have agreed to move ahead with the CNI with reservations, but we want to see wrong doings identified in the report being addressed,” he said, pointing to the actions of some police and military figures in the transfer of power.

While the Commonwealth was scheduled to last week rule on whether the Maldives would be removed from the investigative agenda of CMAG, it announced the decision would be delayed until its next meeting on September 28.

The President’s Office at the time expressed confidence that the country would be taken off the agenda at the next meeting, saying that this move had been supported by all but one of those present for the teleconference. Local media have reported that the delayed decision has been a result of a “technical glitch” during a live CMAG webcast, a situation Ghafoor claimed that he had yet to received clarification on.

“I’m not aware of any hitch taking place during the CMAG meeting. What we hope is that they will would keep us on the agenda and back a structural adjustment programme that would call for certain commitments to be met at specific dates,” he claimed.

Parallel to Nasheed’s UK visit, Ghafoor claimed that the MDP’s national council was also engaged in pressuring the party’s parliamentary group to boycott the People’s Majlis once it reconvenes, at least until the party was given guarantees about certain concerns it held about reforms.

“The national council on Thursday decided to try and pressure the parliamentary group to boycott Majlis,” he said. “We are discussing this today as a party. We are clear that we would wish to disengage from the Waheed regime unless our concerns are addressed.”

Responding to the MDP’s comments, President’s Office Media Secretary Masood Imad told Minivan News that in looking to address the concerns raised by the CNI concerning security forces and the country’s judiciary, it would continue to rely on independent institutions in the country.

“I understand that the Police Integrity Commission (PIC) has already looked into some of the matters raised. I don’t know what they are looking at or what stage they have reached right now. Similarly, President Dr Waheed has also promised to refrain from interfering with the judiciary here, even when he has not been made aware of what is going on,” he said.

Masood stressed that the government would not however be able to set up any additional commission or mechanism to oversee reforms.

“Independent institutions can come in and oversee this. We would encourage them to do this and will not interfere with their work,” he said.

However, in terms of addressing the CNI’s concerns about the transfer of power, Masood also claimed that Nasheed himself faced possible criminal action for the events occurring on February 6 and February 7 before his resignation.

“During the events of February 6 to February 8, I wouldn’t say that Nasheed was in power, but he was in office, resulting in excessive force being used by police up to his resignation,” he said.

Masood said that President Waheed has accepted that police had used “excessive force” during protests held on February 8 after he came to power and condemned such acts.

“President Waheed has already said he will take action against those with involvement [in the use of excessive force], due process would be taking place through groups like the PIC,” he said.

However, Masood added that any calls from the EU or Commonwealth to investigate the events surrounding the transfer of power would lead to difficulties over the actions of Nasheed in the build up to his resignation.

“Any investigation would have to focus on Nasheed’s role in this, the Commonwealth and EU countries are asking us not to touch him,” he said.  “While the independent institutions can look into this, the EU and Commonwealth will be unhappy if their boy becomes involved in investigations. This will happen as there are many questions [Nasheed] has to answer.”

Nasheed, who is presently set to face trial over his role in the controversial detention this year of Criminal Court Chief Judge Abdulla Mohamed, has alleged that charges against him are politically motivated in order to prevent him from standing as a candidate for the MDP at the next general election.  Nasheed has alleged that Judge Abdulla had been detained over fears he was a threat to national security.

Independent institutions

Despite the government’s decision to rely on the country’s independent institutions to help oversee any reforms or investigations into the CNI’s recommendations, groups such as the Elections Commission have this month found their work under increased scrutiny following the release of the CNI report (CNI).

Prominent members of both the Police Integrity Commission (PIC) and the Anti Corruption Commission (ACC) have this month questioned the ability of their own institutions to fulfil their mandates.

Aiman Rasheed of local NGO Transparency Maldives’ suggested that weak and unassertive institutions must take some of the blame for the events of February 7 and the surrounding political crises.

“The independent institutions need to step up their game by standing for and protecting the values for which they were constituted,” said Aiman at the time.

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Self-exiled blogger Hilath speaks at UN Human Rights Council

Maldivian journalist and blogger Ismail ‘Hilath’ Rasheed last week spoke at the United Nation’s Palace of Nations during the 21st session of the Human Rights Council (HRC).

In a side event dedicated to the Maldives, Hilath spoke of his fears of rising fundamentalism in his home country and called for the international community to keep a close watch on the Maldives to ensure the protection of human rights and democratic freedoms.

“Maldives may be a small country but it is not insignificant. It lies at a strategic crossroads and the cultural and political invasion of Maldives by Saudi-funded Wahhabi extremism will definitely have regional and global repercussions,” said Hilath.

Hilath was forced to flee the Maldives earlier this year after an assassination attempt left him within millimetres of death when a group of men slashed his throat just yards from his home in Male’.

Hilath later attributed the assassination attempt to Islamic radicals who had threatened his life on numerous previous occasions.

As well as making international headlines, Hilath’s case has been championed by both Reporters Without Borders (RSF) and, more recently, by the International Federation for Human Rights (FIDH).

Both organisations called for an immediate investigation into the attack, the latter criticising the authorities for failing to adequately investigate the incident.

“Until 2003, for the past 800 years, the Maldives had been a moderate and liberal Islamic country,” said Hilath, whose speech is also available on his blog which has been blocked by the authorities since November.

“However, in the last years of [Maumoon Abdul] Gayoom, due to poverty and oppression, and also as a result of the forced imposition on the Maldivian people of Gayoom’s own version of Islam, extremism took a hold, and though it is still a minority, it is a very vocal and formidable one that both [Mohamed] Nasheed’s and [Mohamed] Waheed’s governments have been unable to tackle,” he continued.

“But a stark difference has been that while Nasheed’s government officially acknowledged there was an extremist problem in Maldives, Waheed is refusing to acknowledge the problem. While Nasheed sought to keep extremism in check by bringing them into his government, in the form of the Adhaalath Party, Waheed came into power on the back of extremism, and therefore is giving free reign to extremists,” said Hilath.

Prior to this year’s transfer of presidential power, Hilath suffered a fractured skull after an attack during a silent protest in support of religious tolerance last December.

He was later arrested in relation to the protest after the religiously conservative Adhaalath Party (AP) wrote a letter to the police.

This prompted Amnesty International to declare him a prisoner of conscience and to demand his immediate release.

The 2008 constitution defines the Maldives as a one hundred percent Sunni Islamic nation and makes observance of the faith a prerequisite of citizenship.

“What is worrying is that while Nasheed allowed extremists to spread their propaganda through private channels, Waheed’s government is directly sanctioning the promotion of the extremist agenda through official religious channels,” said Hilath.

“The Adhaalath Party, under whom extremists operate, and under whose umbrella the Islamic Affairs Ministry has been under both Nasheed and Waheed, is now using Friday prayer sermons, also known as khuthubas, to spew bigotry, mysogyny, homophobia, xenophobia, racism, sexism and other sorts of discrimination, and to issue fatwas or religious rulings proclaiming the arts and humanities, such as photography, art, music, singing, dancing and acting as haram or sinful,” he added.

Two days after Hilath’s speech in Geneva, the Islamic Ministry distributed a circular calling for the banning of mixed gender dancing.

This news put the Maldives in the global media spotlight for the second time this month after the sentencing of a 16 year old girl to 100 lashes for fornication – in accordance with Islamic Sharia – had already made international headlines.

Last Friday also saw a gathering of religious protesters outside of the United Nations (UN) building to register their anger at the anti-Islamic film “Innocence of Muslims”.

Protesters burned the American flag and waved banners, one of which read “Maldives: Future graveyard of Americans and Jews”.

Repeated chants were heard urging President Waheed to return America’s US$20,000 contribution to restore the historical Buddhist artifacts in the museum, which were destroyed by a mob of vandals during February’s political turmoil.

Some protesters stated that if the idols were restored, they would promptly destroy them again.

In response to the issue of dancing, President’s spokesperson Abbas Adil Riza told the Associated Free Press (AFP) this week that the circular was not legally enforceable and that the Maldives would always be “a very tolerant society”.

“It is deeply regrettable that both Nasheed and Waheed have done little or nothing to curb extremism as every political party in Maldives seems afraid of extremists,” said Hilath.

“What is really depressing now is that since Waheed’s government is backed by Islamic extremists, who in turn have been backed by rogue police and military officers, extremists are now acting with impunity,” he added.

“The only hope we have in saving the Maldives is by the international community keeping a close watch. I, therefore, welcome UN Human Rights Commissioner Ms. Navi Pillay’s decision to assign a Human Rights Advisor to the Maldives as rising Islamic extremism is causing serious setbacks to human rights, freedom of expression and democracy in the Maldives,” he said.

After visiting the Maldives last November, Pillay called for a moratorium on corporal punishment and criticised the Muslim-only clause in the constitution.

Protesters subsequently gathered outside the UN building, calling for Pillay’s own arrest and flogging.

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IFC responds to government’s allegations of negligence in airport bid

Additional reporting by Neil Merrett

A spokesperson for the International Finance Corporation (IFC) has defended the organisation against charges of negligence during the bidding process for the development of Ibrahim Nasir International Airport (INIA).

In a press conference last Thursday held by the Attorney General  Azima Shukoor, Economic Development Minister Ahmed Mohamed, Toursim Minister Ahmed Adheeb and Civil Aviations Minister Dr Ahmed Shamheed, it was alleged there were discrepancies in the bid awarding and concession process.

The cabinet members claimed that the IFC had been “irresponsible” and “negligent” in advising the former government of President Mohamed Nasheed in the concession of INIA by Indian infrastructure giant GMR.

“The current government believes that the IFC had not given the most appropriate legal, financial and economic advice to the Maldivian State,” Azima Shukoor said.

The IFC denied the accusations, stating that its advice was geared towards achieving the “objective of upgrading the airport and ensuring compliance with applicable international regulations” and providing the Maldives government “with the maximum possible revenue”.

“A competitive tender was organised with the objective of selecting a world-class, experienced airport operator, who would rehabilitate, develop, operate and maintain the airport,” said an IFC spoksperson.

The IFC – a member of the World Bank Group – was established in 1956 to stimulate private investment in developing countries through investment, advisory, and asset management services.

The spokesperson stated that the bids were evaluated by a government appointed committee, comprising senior government officials, using two key criteria.

The first criterion required firms to meet all the technical requirements set out in the tender documents which, Seth stated, were designed to meet the objectives of the government, and ensure the airport becomes a world class airport with ‘Leadership in Energy and Environmental Design’ certification (Silver).

The second criterion was financial, favouring the highest offer from firms that passed the technical stage. The financial criterion was a combination of a one-time up-front fee, and fixed and variable fees to be paid throughout, explained the spokesperson.

“The IFC’s advice complied with Maldivian laws and regulations and followed international best practices at each step of the bidding process to ensure the highest degree of competitiveness, transparency and credibility of the process,” the organisation stated.

“These processes have been followed globally in several Public-Private-Partnership projects in the airport and other infrastructure sectors,” it added.

Asked if the IFC was currently continuing assistance to GMR or the Maldivian government, it replied “We are currently not working in any capacity with the authorities on this project. We however remain available to address any issues or concerns that the government may have relating to the project.”

A GMR Spokesperson said that the company did not wish to comment on the remarks made by government ministers.

The Anti-Corruption Commission (ACC), which is currently investigating the GMR deal, said last week that continued work on the project may be delayed considerably whilst the investigations are completed.

ACC investigations began in June, although building work on the new terminal – due to open in July 2014 – was ordered to halt in early August after the government claimed that the company had not acquired the appropriate permits.

Government’s critique of bidding process

During Thursday’s press conference, Shukoor claimed that the role played by the IFC during the bid awarding process – as well as the technical, financial and legal advice given – was unacceptable and included “major inconsistencies” in the “loss-benefit assessment” carried out before awarding the project to GMR.

“The legal agreement also lacks equity between the state and GMR, and gives significant powers which have narrowed the government’s ability to manoeuvre within the agreement. For this reason, the state is facing a huge loss even in taking steps that have to be taken immediately,” she added.

Speaking about the prospective profit, Shukoor claimed the agreement made between GMR and the government would lose the country more than that it would earn, and a much more cost effective master plan had been made during the tenure of former President Maumoon Abdul Gayoom.

She said that as long as the agreement between GMR and the government is not invalidated, the agreement would be “legally binding” despite a “majority of the people” who wish to “terminate the agreement immediately”.

“The government must also consider how much money has to be paid back as compensation if terminating the agreement, and it is clear to all of you that the Maldives financial and economic situation is at a critical level, and in this situation it is not an easy thing to do,” she told the press.

Shukoor also expressed the government’s concern about the effect on investor confidence that may result if the agreement is terminated in addition to other “diplomatic issues” that may arise from such a decision.

The Economic Minister, Ahmed Mohamed, claimed that the Nasheed government had only considered the lump sum that it received as the upfront payment, rather than long term benefits that the government could have achieved.

“They awarded the bid to a party who proposed to pay US$76million, but if you look at the other bidders, their bids were more profitable in the long run. For example one of the bidders proposed to give a 31 percent share to all the businesses except that from oil trades until 2014, but GMR proposed only one percent,” he claimed.

He added that another bidder had proposed to share 16 percent of the profits gained from the oil trades with the government.

“It is clear that the government did not consider, when awarding the bid, the long term benefits of the people but rather an instant short term profit,” he argued.

Highlighting the already much disputed issue of the Airport Development Charge (ADC), Mohamed claimed the government had given up a lot of power to GMR in the contract, allowing them to dictate all the fees during the concession.

He stated that there were only two options left for the government: “Either find a solution within the concession agreement with GMR or terminate it.”

Civil Aviation Minister Dr Shamheed said the initial INIA master plan, made by British consultancy firm Scott Wilson, was considered too costly by the IFC.

“So we checked the truth of IFC’s report. The master plan by Scott Wilson is a phase based development. There were developments that were to be brought in the first phase, the second and other phases that followed were mentioned very much in detail,” he claimed.

Shamheed claimed that despite the fact that Wilson’s master plan was more cost effective the IFC made a new master plan, hiring another foreign Consultancy firm – Halcrow- which Dr Shamheed claimed was more costly.

“Scott Wilson’s phase one cost us US$390 million, and all the three phases summed up came to a figure around US$590 million. IFC did not provide this information to the government. We are talking about a development of 30 years,” he said.

Shamheed also alleged that the new master plan was made without even testing the status of the current runway at all and said they relied on a test that was made a long time ago.

“Even those tests showed that the runway needed significant repairs and some parts of the runway had to be removed,” he added.

“This is very irresponsible that the former government entered into a contract with a party who did not assess the situation of the existing runway,” he claimed.

Tourism Minister Ahmed Adheeb alleged that because of the new fees implemented by GMR following its take-over, the flight frequency from Europe had declined.

“Coming to Maldives is no longer feasible for most of the chartered flights.  Sri Lankan airlines’ Male to London direct flights have been pulled out following the decision. Even though the flight frequency from China has increased, the number of bed nights has declined,” Adheeb said.

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‘SenaHiya’ Military Hospital officially opened by Indian Defense Minister

The ‘SenaHiya’ Military Hospital in Male’ was officially opened today at a ceremony inaugurated by Indian Defence Minister Shri A.K. Anthony.

Speaking at the ceremony, Anthony stated that the hospital was proof of the strong bond that exists between the two countries, adding that medical staff from the Indian Military would be permanently based on the newly opened site.

During his speech, Anthony spoke of the possibilities for the two countries to extend their existing defence collaboration in order to strengthen naval security and drug trafficking prevention.

Calling the construction of the hospital Anthony’s ‘dream project’, Minister of Defense and National Security Mohamed Nazim thanked the Indian defence minister for his role in getting the project completed.

“India and the Maldives share the same views and policies on a number of issues. India is also extending assistance in the areas of protecting the Maldives Exclusive Economic Zone and intelligence information,” Nazim said.

Although the official opening ceremony was held today, MNDF officials have said that the ‘SenaHiya’ Hospital has been in service since late 2010.

Speaking to Minivan News, MNDF Spokesperson Colonel Abdul Raheem said that ever since the military had moved to the new building in Henveiru in Male’, it had been providing medical services for its officers.

“With the help of the Indian government in 2011, we gradually improved the services to that of a hospital. We have been providing hospital-quality services to security forces and their families since the beginning of the year,” he said.

Colonel Raheem added that the hospital presently provided services to MNDF and police officers, along with their families, while efforts were also being made to begin offering services to Immigration and Customs officers at the site at a later date.  Public services are also expected to be offered, according to the MNDF.

Minister Anthony’s current visit is said to have resulted from an invitation from his Maldivian counterpart, who requested he open the SenaHiya Military Hospital and also lay the foundation of the new MNDF training academy.

The ceremony came after a week in which the international media has played up the rapidly expanding relations between the Maldives and China, drawing attention to the potential geopolitical implications for neighbouring India.

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