IFC delegation addresses government concerns over GMR airport deal

A delegation from the International Finance Corporation (IFC) – a member of the World Bank group and the largest global institution focused on private sector in developing countries – met with senior government officials last week to address concerns over the concession agreement with Indian infrastructure giant GMR to develop the Ibrahim Nasir International Airport (INIA).

Local daily Haveeru reported that the IFC delegation comprised of the country manager to the Maldives, the technical team of the airport development project evaluation committee and its legal team. The delegation reportedly provided information requested by the government regarding the evaluation of the agreement with GMR.

“The government’s main concern is the deduction of the fuel concession fee which includes airport development charge and insurance surcharge by GMR, payable to Maldives Airports Company Limited (MACL). In addition, the government also raises its concern over the restricted opportunities for Maldivians in the development plan of the airport,” the newspaper reported.

According to IFC, the key objectives of the institution in its role as lead advisor to the government in the structuring and awarding of the 25-year concession agreement were:

  • increase the airport’s capacity to handle long-term traffic growth while ensuring that the airport met international technical standards;
  • position the airport as a world-class facility catering to highend tourism;
  • improve operations and service quality standards in line with international best practices;
  • maximize the value of the project for the government in terms of proceeds and quality.
  • implement a successful public-private partnership which could serve as model for other infrastructure projects.

“The concession was awarded to a consortium of GMR Infrastructure Limited (GMR, India) and Malaysia Airports Holdings Berhad (MAHB, Malaysia). The consortium will pay $78 million in upfront fees and offered a percentage of shared revenues that represents over $1 billion in fiscal benefits for the government over the length of the concession, calculated on a net present value (NPV) basis. The proposed investment of $400 million represents nearly 40 percent of the country’s gross domestic product (GDP),” reads an IFC document on the airport deal.

“The advisory work was supported by AusAid (Australia), the Ministry of Foreign Affairs of the Netherlands, and DevCo. DevCo is a multi-donor program affiliated with the Private Infrastructure Development Group and funded by the UK’s Department for International Development, the Ministry of Foreign Affairs of the Netherlands, the Swedish International Development Agency, and the Austrian Development Agency.”

On the bidding process, which was organised by the IFC and “evaluated based on the payment of an upfront fee as well as annual concession fees as a percentage of gross revenues to the government”, the document explained that, “Each bidder was required to demonstrate that it had the requisite experience in developing, designing, constructing, operating, and financing airports of a similar size.

“The technical solutions proposed by the bidders were also expected to consider the specific conditions on Hulhulé Island,  including its physical and environmental constraints, and the coordination required between conventional aviation activities, seaplanes, and motor boats.

“The cornerstone of the project was the construction of a new passenger terminal expected to meet LEED silver criteria and to be carbonneutral—i.e., to minimize energy consumption and carbon emissions through the use of energy-efficiency and renewable-energy technologies, and minimize water consumption. The bidders were also asked to make specific, predefined improvements to the existing airport infrastructure, and to manage all core airport services, including the provision of fuel—a historically established role at Malé airport.”

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CNI’s new co-chair revealed to be retired Singaporean judge G.P. Selvam

The President’s Office has revealed the name of the retired Singaporean judge who will join the reformed Commission of National Inquiry (CNI), which has today been reconstituted by presidential decree.

The name of the judge who will co-chair the commission with Ismail Shafeeu was revealed to be Govinda Pannir Selvam.

GP Selvam is a former Supreme Court Judge who served in the Singapore Supreme Court between 1994 and 2001.

According to the Singapore Court of Maritime Arbitration (SCMA), where Selvam has served as a panel member, the judge graduated from the University of Singapore in 1968 and will celebrate his 76th birthday in July. Selvam arrived in Male’ this morning.

Local media today revealed that the judge had arrived, without mentioning his name, whilst the President’s Office did not reveal the judge’s identity until this afternoon, saying that there was to be an official ceremony this evening.

The name of the judge was finally revealed on the President’s Office website at around 6:30pm.

President’s Spokesperson Abbas Adil Riza said that the commission was now “definitely” ready to begin work on Thursday and would comprise the previous members of the commission – Ismail Shafeeu, Dr Ibrahim Yasir, and Dr Ali Fawaz Shareef – as well as the Nasheed nominee Ahmed ‘Gahaa’ Saeed and, finally, G.P. Selvam.

Abbas also stated that there were to be two resource persons added to the commission to support its activities, including a retired Indian judge. Abbas said that anybody who wished could come and observe the commission’s work, just as with the previous manifestation of the CNI.

The President’s Office also stated that representatives from the United Nations and the Commonwealth will advise the CNI’s work.

Former President Nasheed yesterday alleged that the government was intentionally delaying the revision of the CNI and deceiving the international community.

The initial deadline for the reform was mid-May. After agreements were reached with the Commonwealth, a deadline of June 1 was given to approve former President Mohamed Nasheed’s nomination to the commission.

The MDP and the government, however, were unable to agree on  suitable candidate until June 4 after the MDP’s first 11 suggestions.

Abbas was today reported in local media as saying that Nasheed’s comments were merely intended to deflect criticism from the MDP’s internal elections, which Abbas claimed had “no spirit of democracy” after Nasheed won the MDP’s presidential nomination unopposed.

MDP spokesman Imthiyaz Fahmy today also questioned the reasons for the delay in signing the resolution agreed with the Commonwealth.

“The government is deliberately delaying the process of forming the new inquiry commission as much as they can,” he said.

The reforms have been instigated largely at the behest of the Commonwealth Ministerial Action Group (CMAG), which is scheduled to hold a teleconference this Wednesday.

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Government silent over Maldives bankruptcy claims

The government has refused to comment on claims made in local media by leader of the coalition-aligned Jumhoree Party (JP) that the Maldives was now bankrupt and already unable to pay some civil servants.

JP Leader and MP Gasim Ibrahim claimed that despite government efforts, the Maldives was now bankrupt and unable to pay some civil servants after steady economic decline within the nation, according to newspaper Haveeru.

Just last month, Parliament’s Financial Committee revealed that expected revenue for 2012 had plunged 23 percent, whilst spending was set to increase by almost 24 percent.

President’s Office Spokesperson Abbas Adil Riza today said that he was unaware of the bankruptcy comments linked to Gasim and could not comment on the matter, referring Minivan News to Minister of Finance and Treasury Abdulla Jihad.

Both Jihad and Economic Development Minister Ahmed Mohamed were not responding to calls by Minivan News at the time of press.

Although the country’s Civil Service Commission (CSC) said that it had been involved in discussions with the Minister of Finance to try and overcome economic concerns, Chairman Mohamed Fahmy Hassan said that there had as yet been no issue with payments to staff.

“As of last month, all payments have been made in full, however it is the Finance Ministry who would know about the current situation,” he said.

Speaking to Minivan News on Saturday, Maldives National Defence Force (MNDF) spokesperson Major Abdul Raheem said despite some reports circulating to the contrary, he was not aware of any problems with payments to military officers.

Spending review

In attempts to counter its present spending shortfall, the government has unveiled proposals such as a revision to the country’s import duties and Goods and Services Tax (GST) to alleviate its financial difficulties.

The proposals have come under criticism from former finance chiefs serving under the previous government, who allege that such changes “do not make sense”.

Whilst committed to reducing state expenditure, Jihad recently announced his aim to avoid cutting the salaries of civil servants in order to tackle the nation’s budget deficit, seeking to make savings in other areas of expenditure first.

“Civil servants are the lowest ranking of all government employees. We will try to cut all non-wage expenditure by 15 percent. Salaries will be considered after this,” he said at the time.

Despite this pledge, Jihad added that a review of public salaries was set to be conducted by a pay review board that would also focus on independent commissions in order to reach an agreement on the necessary reductions.

Civil Service salaries

Between 2004 and 2009, the country’s fiscal deficit increased exponentially on the back of a 400 percent increase in the government’s wage bill.

The year’s 2007 to 2009 included the most significant largesse as the World Bank found wage expenditure to have increased from Rf 2 billion to almost Rf 5 billion even as revenues began to recede.

According to statistics from the Civil Service Commission (CSC), the number of permanent civil servants has more than halved between 2006 and June 2011.  There has been some contention in the past, however, that the transfer of many civil servants to state owned companies under the previous government masked the true figures.

The Maldives Monetary Authority (MMA) published figures for May that estimated the government will spend Rf2.6billion (US$168 million) on salaries and wages in 2012.

Maldives Bankrupt?

JP Leader Gasim – himself a former finance minister – claimed the Maldives had already been bankrupted after steady economic declines in recent years. He said that the evidence of the country’s troubled economy may not be immediately apparent, but would be seen in the “near future” as the state lacked the “necessary finance” to settle debts, according to Haveeru.

Gasim was reported as saying that “pointing fingers and blaming others” would not provide the country with an economic solution, calling instead for parliament to pass bills to alleviate the economic situation. The nature of these bills were not specified in local media.

Gasim’s phone was today switched off, while JP presidential candidate Ibrahim Didi was not responding to calls.

However speaking to local media, the JP leader added that the “actions of some” had negatively impacted on the nation’s economy, pointing to what he claimed were calls for a boycott of the Maldivian tourism industry.

Gasim, Maldives Vice President Waheed Deen and Progressive Party of the Maldives (PPM) MP Abdulla Jabir are among a number of figures associated with the present coalition government that are included in a list of resort owners included in the Maldives Tourism Advisory (MTA).

The advisory, established by the Friends of Maldives NGO, has a website utilising a ‘traffic light’ system recommending guests avoid resorts alleged by the Maldivian Democratic Party (MDP) to be directly linked in bringing about February’s controversial transfer of power.

Travel associations in the country have in turn criticised the MTA, expressing “serious concern” over what it alleged was a “concerted international campaign against several of the country’s resort operators.

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MDP elects Nasheed as presidential nominee

The Maldivian Democratic Party’s (MDP) members have elected former President Mohamed Nasheed as the party’s candidate for the next presidential elections.

Nasheed stood unopposed for the presidential nomination, although MDP regulations state that sole candidates must receive the votes of at least 10 percent of the party’s membership.

The MDP’s current membership stands at 48,181 according the Election Commission (EC)’s figures, giving it the largest membership of any party in the country. Therefore Nasheed had to gain just over 4,800 votes to secure the nomination.

Following the final count of the 258 ballot boxes, Nasheed recorded 31,798 votes in favour to 269 against his being the party’s presidential candidate, after over two-thirds of the party’s membership turned out to vote. Chairperson candidate Moosa ‘Reeko’ Manik had 29,044 votes in favour to 2160 against, while Deputy Chairperson candidate Ali Shiyam had 563 in favour to 7 against.

The MDP has called for fresh elections on a regular basis since Nasheed’s resignation from the presidency on February 7 – a resignation he later claimed was made under duress. The party has held regular demonstrations since that time calling for early elections.

The current President, Dr Mohamed Waheed Hassan, has stated repeatedly that the earliest date elections can be held is July 2013 according to the constitution. He recently also told UK media that he refused to resign and hand power to the speaker, a decision which would also trigger an early election. Speaking to the BBC last week, Waheed also said that holding elections before key institutions can be strengthened would be hazardous to the stability of the country.

Despite the questioned  legitimacy of the current President , MDP spokesman Hamid Abdul Ghafoor said the party had never wanted to return Nasheed to the Presidency without fresh polls.

“The remedy is election, not reinstatement,” he said.

Ghafoor also stated his belief that, with the reformed CNI due to begin its investigations soon, there was no reason for the MDP not to begin its election preparations.

Today’s internal elections decided upon a number of other key posts within the party including chairperson and deputy chairperson, as well as atoll constituency presidents and secretaries.

Polling took place around the country as well as in three locations around the capital Male’, including Male’ City Hall.

MP for the Hulhu-Henveiru constitutency in Male’ Moosa ‘Reeko’ Manik was standing uncontested for the role of party chairperson, having served in this position on an interim basis previously. The position of deputy chairperson was being vied for by Nasheed’s former economic advisor Ali Shiyam.

Both men also appeared to have achieved the 10 percent minimum vote at the time of press.

In-fighting

The elections come after a period of internal dissent within the party, culminating in a vote to oust the party president and vice president from their positions.

The MDP’s National Council met on April 30 to vote on the no-confidence motions against the President Dr Ibrahim Didi, and Vice President Alhan Fahmy.

Hamed Abdul Ghafoor said at the time that the motions had come after both men had been making statements considered to be against the official party line regarding the events surrounding Nasheed’s resignation, alleging they were trying to bring about a coup within the party.

A party resolution on February 8 had declared that the previous day’s events had amounted to a coup d’etat and that Nasheed and his cabinet should continue to sit in the party’s National Council as senior members of government.

The motions were approves by 95 percent of those present and both Didi and Fahmy have since left the MDP, joining the Jumhooree Party earlier this month.

Didi and Fahmy have criticised the internal democracy of the party, alleging that Nasheed’s authority within the party has become too great, blaming him for personally instigating their ejection.

“No one person or a group can hijack a party like that,” said Fahmy at a rally held to ‘free the MDP’ from Nasheed’s allegedly nefarious influence.

Didi and Fahmy have also been quoted in local media as describing Nasheed as a ‘spiritual leader’ who removes anybody that speaks out against him.

Last month, the pair also alleged that the recent removal of MDP General Secretary Hassan Shah, who subsequently moved to the JP, was intended to manipulate today’s elections

Fahmy is reported to have grouped Nasheed with former President Maumoon Abdul Gayoom, charging both men with “hijacking” Maldivian politics.

“These two people had hijacked the whole country’s political beliefs during the political turmoil in the country. This is not an idea anymore. Former President Gayoom and former President Nasheed are here now. The people need to understand that democracy is not something we get by following a certain person’s belief,” Haveeru reported Fahmy as saying in late May.

‘Reeko’ Moosa has since been called on any prospective candidates to replace the two deposed members to halt their campaigns whilst the party considers whether the posts of party President and Vice President are still needed.

Voting for these posts was scheduled for August 31.

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ACC wades into airport development charge debate

The Anti-Corruption Commission (ACC) has issued a statement in support of the government’s bid to obtain concession fees lost due to the legal debacle surrounding the levying of an airport development charge (ADC) by airport developer GMR.

A Civil Court case filed by the then opposition Dhivehi Qaumee Party (DQP) late last year ruled against the charging of an ADC, as stipulated in GMR’s contract with the government-owned Maldives Airports Company Limited (MACL).

The court decision compelled the then-ruling Maldivian Democratic Party (MDP) to deduct the ADC charges from the concession fees due the government, which was pending appeal prior to the change of government under controversial circumstances on February 7.

However as a result of the DQP’s successful court case while it was in opposition, the government only received US$525,355 out of an expected US$8.7 million in concession fees for the first quarter of 2012.

The Transport Ministry has maintained that the former government’s decision to deduct the fee was illegitimate, initially claiming the authorisation letter was invalid as the new government had reappointed the MACL board, and insisted GMR pay the concession fees due. GMR has maintained that the ADC is chargeable under the terms of its concession agreement, and offered to exempt Maldivian nationals from paying the fee.

In its statement last week, the ACC claimed that according to article 9 of the Public Finance Act, the Finance Minister was not authorised to forgo revenue to the state without submitting the figures to the President under guidelines set by the Auditor General.

The ACC statement alleged that former MACL Chairman ‘Bandhu’ Ibrahim Saleem agreed to deduct the ADC and insurance surcharge without approval from the company’s board. As all three stakeholders had not signed the changes to the agreement, it could not be considered legally binding, the ACC claimed.

The ACC contended that the clauses in the concession agreement (18.2 and 18.3) that allow changes to the contract under certain political circumstances could not be activated as the Civil Court ruling was not a political decision, despite the case being filed by a political party.

That case was filed by DQP in a long-standing campaign against Nasheed’s government awarding the airport redevelopment to GMR. DQP leader Dr Hassan Saeed is now President Mohamed Waheed Hassan’s special advisor, while DQP Vice-President Dr Mohamed Jameel is the new Home Minister.

A 24-page book released by the DQP while it was in opposition presents the government’s lease of Ibrahim Nasir International Airport (INIA) to developer GMR as a threat to local industry that will “enslave the nation and its economy”.

Former President’s Office Press Secretary Mohamed Zuhair at the time of the pamphlet’s publication said that he felt the title’s wording was “very strong”, and drew a faulty comparison between international cooperation for mutual benefit and foreign occupation of a people and market for selfish purposes.

“The purpose of all this is to make Maldivians mistakenly feel like they are under occupation and the country is being sold out,” claimed Zuhair at the time.

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Reformed CNI ready to begin work from Thursday: President’s Office

The government has said the reformed Commission of National Inquiry (CNI) will be in a position to officially begin its work from Thursday (June 21) with the arrival to the country of an as-yet unnamed Singaporean judge chosen to co-chair the body.

The opposition Maldivian Democratic Party (MDP) continues to allege the government is working to delay reforms to the CNI that have been backed by the Commonwealth, however the government has claimed the commission would start work upon the judge’s arrival.

President’s Office spokesperson Abbas Adil Riza told Minivan News that the entire panel would be in place to begin its work following the arrival of the judge, adding that there had been “no delays” in revising the CNI in line with Commonwealth and international concerns about its impartiality.

“As it stands right now, President Waheed has met with (Former president Nasheed’s nominee) Ahmed ‘Gahaa’ Saeed, who will be taking up his position on the panel from Sunday (June 17). He will then have access to the CNI’s findings other and information,” he said. “On June 21, the Singaporean judge will be arriving and work will then start.”

The CNI was established by President Mohamed Waheed Hassan to investigate the controversial transfer of power that took place on February 7. The Maldivian Democratic Party (MDP) claimed that Nasheed was forced out of office in a coup d’etat.

The composition of the panel has since been revised to include a representative of former President Mohamed Nasheed and a retired Singaporean judge, as well as international monitors from both the Commonwealth and UN.

Riza added that the government had been in touch with the Commonwealth regarding the latest developments and said the intergovernmental organisation was “satisfied” with the work being undertaken.

He added that the commission, including the original three member panel of Chair Ismail Shafeeu, Defence Minister under former President Maumoon Abdul Gayoom, Dr Ibrahim Yasir and Dr Ali Fawaz Shareef were all ready to begin work.

However, following a tense, but largely peaceful demonstration by MDP supporters yesterday – led by former President Mohamed Nasheed – the party claimed that the government was working to try and “deceive” the international community over commitments to conduct its work.  The CNI was expected to have been reformed by June 15.

“Cat and mouse game”

MDP Spokesperson and MP Hamid Abdul Ghafoor alleged today that the president had been playing a “cat and mouse game” with the composition of a reformed CNI.  He added that uncertainty remained over whether the three previous CNI members would continue on in their position, or if replacements would be needed.

Ghafoor claimed the government had been responsible for several delays to deadlines set by the Commonwealth to enact changes to the CNI.

“One month on from May 16, we have seen the government delay the appointment of a representative for [former] President Nasheed, now it seems another twenty days could be needed to resolve this current mess,” he said. “This whole saga suggests the president wishes to deceive the international community over the CNI in the hope interest will be lost in the idea of backing early elections. I do not think the MDP is in the mood to tolerate this.”

Hamid added that despite the Commonwealth Ministerial Action Group’s (CMAG) having scheduled its next meeting for September, he expected for the Maldives’ political situation and the CNI to be on the agenda of a teleconference held by the group on Wednesday (June 20). CMAG, which is the Commonwealth’s human rights arm, has taken an active role in calling for revisions to the CNI, as well as backing early elections to be held in the country during 2012.

MDP uncertainty

While the government has today said that Ismail Shafeeu will continue to serve as co-chair on the CNI with Dr Ibrahim Yasir and Dr Ali Fawaz Shareef also retaining their positions, the MDP claimed there was uncertainty over what role they may play.

Pointing to the publication this month of a ‘timeline’ of events by the former three-member CNI panel for “finding public opinion” on the transfer of power, Hamid pointed to comments previously made by the panel’s members that their work had now been completed.

The 282-point Dhivehi ‘timeline’ document does not feature any input from the Maldivian Democratic Party (MDP), who contested the panel’s impartiality prior to the re-composition. The report begins its findings on the day police attempted to summon Chief Judge of the Criminal Court, to the day the controversial transfer of power took place. The panel conducted interviews with assorted non-MDP participants, however the report does not source its findings.

The MDP have maintained that with the former CNI’s mandate having expired last month, uncertainty remained over whether the panel’s original three members were committed to the revised body or not.

The party has repeatedly called for Shafeeu to be removed, citing his connection to Gayoom, leader of government-aligned Progressive Party of Maldives (PPM). Dr Waheed had previously confirmed he has no intention of changing Shafeeu or two other members during the scheduled reformation.

Nasheed criticisms

Speaking to reporters at Male’ City Hall after voting in the MDP’s internal elections today, former President Mohamed Nasheed said that the government did not wish to reconstitute the CNI despite President Mohamed Waheed’s insistence that the reformed CNI would be able to begin proceedings mid-June.

Responding to questions from the press, Nasheed noted that it was halfway through June and it was still unclear whether former CNI members Dr Ibrahim Yasir, Ali Fawaz and Ismail Shafeeu would remain on the reconstituted commission.

Nasheed accused the government of “deliberately” delaying the reconstitution of the CNI. He added that CMAG was expected to hold a session on the Maldives’ political situation next Wednesday.

“CMAG gave additional time to the Maldivian government to complete the work it asked to be done by May 17,” he explained. “But [the Waheed administration] hasn’t done it. They haven’t constituted the commission.”

Friday demonstration

Nasheed at MDP protestAside from the work of the CNI, MDP supporters yesterday continued calls for President Waheed’s resignation and early elections during a protest around the capital that police say resulted in one protester being taken into custody for throwing a bottle at security forces.

The MDP has been protesting around Male’ every Friday during the last few months – with varying numbers of participants – to voice criticisms over the legitimacy of the current government, which it contends came to power in a “coup d’etat”.  Former President Nasheed took part in yesterday’s demonstration, which the party claimed saw tense stand off with security forces, despite only one participant being taken into custody.

Hamid said yesterday’s protest also made a point of criticising the “arbitrary arrest” of Chief Superintendent Mohamed Hameed on Thursday, owing to his contribution to the MDP’s own report (Dhivehi) into February’s transfer of power.

Asked whether the high-profile publication of potentially sensitive information in the report could be construable as a criminal offence for those involved, Hamid contended that such as assumption was “based on the grounds that the present government is legitimate.”

Following an MDP national council resolution passed on February 8, 2011 the party agreed treat the transfer of power as an illegitimate act masterminded by members of the coalition government and mutinous sections of the police and Maldives National Defence Force (MNDF).

“All the democratic changes that have been fought for in recent years we are now seeing slip away” he said.

Present at the protest yesterday, Hamid said the demonstrations were in the large part peaceful, even when members of the security forces marched through the gathered crowd.

“I suspect that this may have been done to try and incite the crowd so people might try and attack them,” he said. “A lot of people present did attempt to claw at the security forces, but they managed to pass through the crowd.”

With the former president in attendance at the time, Hamid added that supporters also wanted to keep Nasheed away from security officers, though he stressed that he did not believe police were coming for him.

Hamid also contended that the country’s security forces appeared to be in “disarray” at present, with protesters claiming that some officers were already not receiving salaries due to “bounced cheques”.

“The security forces had hoses, but no one was able or willing to use them on the crowd,” he added.

MNDF response

MNDF spokesperson Major Abdul Raheem said that the military was tasked yesterday specifically to protect a so-called “green zone” in Male’, that includes important structures and areas like the President’s residence and military headquarters.

“There was nothing special about yesterday’s operations. If there are any concerns about illegal activities police can come to us and ask for assistance,” he said.

Major Raheem also denied that there had been any difficulties in providing salaries to MNDF officers.

“I have received no information that payments have not been made to officers,” he added.

“Peaceful” and “calm”

Speaking to Minivan News today, police Spokesperson Sub-Inspector Hassan Haneef that the protests had proceeded in a generally “peaceful” and “calm” manner.

“One person involved in the protest was taken into custody for throwing a bottle, but  they were later released,” he said.

Haneef added that although water hoses were present as a potential means to control crowds, the decision had been taken by police not to use such measures.

“Operationally, we will prepare all the equipment we believe will be necessary [during protests],” he said. “However, the decision was taken that action such as hoses were not needed yesterday.”

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Police arrest Chief Superintendent for helping compile Ameen-Aslam ‘coup report’

Additional reporting by Ahmed Naish

Police have arrested former head of police intelligence, Chief Superintendent Mohamed Hameed, following his contribution to the Maldivian Democratic Party (MDP)’s report (Dhivehi) into the controversial transfer of power on February 7.

Reports surfaced yesterday that police officers who had cooperated with the report were being rounded up and detained, and their houses searched. A group of protesters had gathered outside police headquarters this morning.

Police initially denied the allegations of a “witch hunt” and issued a statement accusing the media of “circulating baseless and false reports”. However court warrants for the arrest of Hameed and Staff Sergeant Ahmed Naseer were subsequently leaked.

Hameed was taken into custody this morning and transferred to the detention centre on Dhoonidhoo, ahead of a court hearing this afternoon. Naseer and a third, lower-ranking officer are also believed to be in Dhoonidhoo.

During the court hearing the Criminal Court extended Hameed’s detention to five days. The Chief Superintendent was led out the back door of the court away from the crowds of MDP protesters who had gathered outside. Riot police pushed the crowds back to the STO Trading centre.

The Criminal Court arrest warrant stated that Hameed is accused of “misusing” or leaking information acquired through his position for “the political gain of a particular group” and participating in the compilation of the “misleading” Ameen-Aslam report, which undermines “the public’s respect for the security services.”

It justified his detention on the grounds that Hameed might influence witnesses and attempt to get rid of evidence as “others are suspected of involvement in the case.”

The evidence submitted to obtain the court warrant stated that a draft of the report with recommended changes was found in Hameed’s gmail account, and messages were found that suggested Hameed was consulted prior to the release of the report.

The family of Chief Superintendent Hameed expressed concern over his detention and noted that he was widely respected in the force as “a man of principle”. He has been in the service for over 17 years and has a masters in policing, intelligence and counter-terrorism.

Following the raid and extrajudicial dismantling of the MDP’s protest site at Usfasgandu on May 29, Hameed tweeted: ” Called a ‘baaghee’ [traitor] on the road twice today. Rightly so when our own actions are unjustifiable and thuggery like!”

Police issued a statement this afternoon confirming that Hameed had been arrested on charges of leaking “important information collected by the Maldives Police Services intelligence related to national security” as well as providing “untrue and false information” intended to benefit a specific [political] party, which could pose a threat to national security and create “divisions between the police and the public.” Hameed’s actions were in violation of the Police Act, the statement insisted.

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ACC forwards five corruption cases for prosecution

The Anti-Corruption Commission (ACC) has forwarded five cases for prosecution in recent weeks after concluding investigations into complaints lodged at the commission dating back to 2009.

The cases sent for prosecution involves corrupt practices at the Gaaf Dhaal Atoll Council and Gaaf Dhaal Thinadhoo office as well as abuse of authority by former councillors of Laamu Maavah and Seenu Hithadhoo and former Housing Ministry Director Ibrahim Fayaz.

In the first case, the ACC found that the Gaaf Dhaal Atoll Council purchased furniture worth Rf54,200 from a shop in Male’ without a public announcement or bidding process.

Regulations under the Public Finance Act stipulates all procurement in excess of Rf25,000 to be made after a public announcement.

The ACC therefore recommend the Prosecutor General’s Office (PGO) to charge Chair of the Gaaf Dhaal Atoll Council Mohamed Nizam, Deputy Chair Shahir Hassan, Atoll Councillor Mohamed Muhthar and Abdulla Shiyaz with abuse of authority for financial gain to a third party.

The second complaint investigated by the ACC concerned fraudulent valuation of five proposal to provide security to the Gaaf Dhaal Thinadhoo office in January 2011, which resulted in the bid being awarded to the party that did not submit the lowest price.

The ACC found that members of the bid evaluation committee – Adam Shareef, Nasrullah Afeef, Mohamed Abdulla and Saudhullah Ali – abused their authority to secure financial gain to the winner of the bid, ARDK Investments.

While the public announcement did not state that marks would be awarded for experience, the ACC found that the bid was awarded to ARDK on the basis of having more experience than the other four interested parties.

The third complaint meanwhile involved a monthly allowance of Rf2,000 provided to an employee at the Laamu Maavah powerhouse from April to May 2009 by former councillor Waleed Zakariyya without the approval of either the island development committee or government officials.

The ACC investigators determined that Waleed Zakariyya’s claim that the employee performed additional tasks during the period could not be proved.

The ACC therefore recommended that Zakariyya be charged for abuse of authority under article 12(a) of the Anti-Corruption Act as he was found to have made the decision on his own. In addition, the ACC informed the PGO on May 29 to recover the Rf4,000 lost from public funds.

Prior to the formation of local councils following elections in February 2011, island councillors were appointed by President Mohamed Nasheed.

In the fourth case, the ACC found that former councillor of Seenu Hithadhoo, Mohamed Shamin Ali, awarded a contract worth Rf189,393.75 to construct a check-post in the island after the island development committee decided to postpone the project due to financial difficulties.

The ACC noted that the check-post was used by police for a short period and has since deteriorated beyond use. The ACC recommended the former councillor be charged with abuse of authority for financial gain to a third party.

The last case meanwhile involves abuse of authority by Housing Ministry Director Ibrahim Fayaz, who was in charge of the Dharubaaruge convention centre.

Fayaz was found to have cancelled an advance booking by private broadcaster DhiTV to lease the Rannabadeyri hall to telecast a debate between candidates for the president and vice-president of the Maldivian Democratic Party (MDP) on April 26, 2011.

The ACC discovered that Fayaz cancelled DhiTV’s booking and leased the hall to MDP-aligned Raajje TV. The booking was cancelled after DhiTV advertised the event and completed preparations to telecast the debate.

The ACC investigators determined that Fayaz’s claim that he cancelled the booking after informing DhiTV to make the full payment a day ahead of the event could not be established from either documentation or witness statements.

The ACC recommended that Fayaz be charged with abuse of authority under articles 12(a) and 23 of the Anti-Corruption Act.

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Delays slow implementation of public sex offenders registry

Almost one in seven children of secondary school age in the Maldives have been sexually abused at some time in their lives, according to an unpublished 2009 study on violence against children.

Gut-wrenching details of heinous child sexual abuse cases grabbing headlines in the past few years eventually gathered enough public pressure in the Maldive  for the  authorities to pass a law stipulating stringent punishments for sexual predators.

Since the passage of “Stringent Punishments for Perpetrators of Sexual Violence Against Children Act’ in 2009, several pedophiles have been incarcerated for 10 to 20 years of life.

According to Prosecutor General Office (PGO), 46 cases of sexually abusing a minor were submitted to the courts in 2011. In 2010, 35 cases were submitted. The year before, 41 cases.

Some high profile cases make headlines but often cases go under-reported. With no public statistics on the number of incarcerations, the total figures on how many cases are successfully prosecuted and who has been put behind bars are unknown.

Yet, more cases are being reported and investigated.

In 2010, the magistrate court on Ungoofaaru island alone convicted eight people in relation to 10 different child abuse cases from Raa Atoll. Among them were fathers who raped their daughters, a mother who hid her husband’s sexually deviant crimes,  and men who abused little boys no older than 10.

Do you know who they are? No – but it is definitely your legal right to know.

Article 77 of the aforementioned legislation not only obligates the authorities to publicise  the identity of the offenders convicted under the law, but also tells the authorities to create a website through which the can public know who the sexual offenders are.

Were the system stated in law to be established, people can even retrieve information on sex offenders by sending a text. Almost four year after the law has been passed, the Gender Department says the system “is still under maintenance.”

According to Police Sergeant Abdul Jaleel fromt the police Family and Children Protection Department (FCPD), discussions are underway between the authorities to create the database of offenders. He admitted, “the delays are unfortunate and we need to make it a priority issue.”

Stressing on the importance of such a database, Jaleed recalled an incident in Meemu Atoll where a man who had a record of child abuse was found to have committed the same crime against another child.

“This man was banished to an island onto an island in Meemu Atoll. When we were investigating a child abuse case in 2009, we found that this man was responsible and he even had a previous record of abusing children.” Jaleel noted. “But the islanders did not know that.”

He noted that the dispersion of the 300,000-strong population over 190 islands made it easier for perpetrators to switch islands, and blend in among people unaware of their crimes.

“Therefore, a central website where sex offenders can be tracked, monitored and public can find about the convicted offenders is crucial to safeguard children and adults from such perpetrators.” Sergeant Jaleel observed.

“It would also definitely expedite our investigations with better coordination between authorities on different islands.”

Several countries worldwide have adopted such measures.

For example, the National Sex Offender Public Website (NSOPW) in the US, provides not only an opportunity for several states  to participate in an unprecedented public safety resource by sharing public sex offender data nationwide, but provides a platform for parents and authorities to collaborate for the safety of both adults and children.

However, often arguments are taken against such public registries as it may be defamatory and makes life difficult for a person identified as a “sexual predator”.

Jaleel agreed that the idea of a public sex offenders registry is new to the Maldives and may face similar challenges.

However, he argued that legislation can be made clarifying who can be included or not depending on the magnitude of the crime. “If we look at domestic violence cases, the perpetrator’s name can be avoided depending on whether it was first offence or the matter is solved if its between a couple.”

“But in heinous crimes such as sexually abusing a child, there should be no excuses,” he contended. “And repeat offenders must be made public too.”

He also said provisions can be made whereby police or authorities can decide to release a name of a person not convicted for the sexual offence, should they have reason and substantial evidence to believe the person is a threat to society.

Aishath Ibrahim, the mother of a five year old working as a teacher in Male’ says, “It will be very easy for parents to identify potential threats and protect our children if we can know who the offenders are.”

“Today we don’t even know who is our neighbor,” she added.

In the crowded capital Male’, people live closely together in rented housing or shared apartments within large family units, a factor that has been identified as contributing to instances of child sexual abuse.

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