MDP attempts to stop courts from preventing disciplinary action against judges

Maldivian Democratic Party (MDP) MP Imthiyaz Fahmy today submitted a parliamentary motion aimed at blocking the country’s courts from issuing rulings preventing their own watchdog body from taking disciplinary action against judges.

The motion follows a recent decision by the High Court to uphold a civil court injunction preventing the Judicial Service Commission (JSC) from taking action against Criminal Court Chief Judge Abdullah Mohamed until a final verdict was reached at the Civil Court.

Judge Abdulla was a central figure in the downfall of former President Mohamed Nasheed after he was detained by the military.  Abdulla’s controversial detention was made after the government accused him of political bias, obstructing police, stalling cases, links with organised crime and “taking the entire criminal justice system in his fist” to protect key figures of the former dictatorship from human rights and corruption cases.

Abdulla Mohamed obtained the injunction against his investigation by the judicial watchdog in September 2011 after it produced a report stating that he had violated the Judge’s Code of Conduct by making politically biased statements in an interview he gave to private broadcaster DhiTV.

According to the motion submitted today by MP Imthiyaz Fahmy, it is unconstitutional for a superior court to rule on a cases pertaining to the JSC’s decisions, as well as to prevent the commission from performing its statutory obligation to investigate and take action against judges.

Fahmy argued that allowing the courts to defy the JSC’s decision contravened the purpose of establishing the court watchdog as an independent institution in the first place.  He argued that such a decision violated the system of checks and balances designed to ensure separate powers of state.

Fahmy also observed that the parliament cannot remove the judge from a bench while a case concerning the matter is at court and noted that it would be an obstruction to parliament’s duty as well.

Several pro-government MP’s challenged the motion, citing the judge had not been convicted of any offence and must not subjected to unfair treatment or intimidation.

Former President’s member on the JSC and whistle-blower Aishath Velezinee for several years contended that Abdulla Mohamed was a central, controlling “father figure” in the lower courts, answerable to former President Maumoon Abdul Gayoom.  She also claimed the judge was a key figure responsible for scuttling the independence of the judiciary under the new constitution.

Allegations against the judge, which date back to 2005, include misogyny, sexual deviancy, throwing out an assault case despite the confession of the accused, political bias, obstruction of police duty, disregarding decisions of high courts, deliberately holding up cases involving opposition figures and barring media from corruption trials.  He also stands accused of ordering the release of suspects detained for serious crimes without a single hearing, maintaining “suspicious ties” with family members of convicts sentenced for dangerous crimes, and releasing a murder suspect “in the name of holding ministers accountable” who went on to kill another victim.

In one instance, Abdulla Mohamed was accused of requesting that two underage victims of sexual assault act out their attack in court in front of the perpetrator.

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Tsunami watch alert cancelled after 8.6 earthquake and aftershock off Indonesia

An Indian Ocean-wide Tsunami Watch Bulletin was issued on Wednesday afternoon by the Pacific Tsunami Warning Centre after an earthquake measuring 8.6 on the Richter scale occurred off the coast of Indonesia, followed by an aftershock measuring 8.2 almost two hours later.

The Centre revised its initial update after sea level readings confirmed a “significant” tsunami was generated, and subsequently cancelled the warning five hours after. Any tsunami was predicted to hit the Maldives at 11:49(GMT) – 16:49 Male time, and 11:44(GMT) – 16:44, the Centre reported, but advised that waves could follow for up to two hours after this period. The first wave may not be the largest and further waves could follow in intervals of five minutes to one hour.

The Centre said that the initial shock generated a tsunami measuring 17 cm (6.7 inches), and advised authorities to “take appropriate action”

Such an earthquake had the potential to “generate a widespread destructive tsunami that can affect coastlines across the entire Indian Ocean basin”, according to the centre’s initial report.

Alerts were issued by the Maldivian meteorology department, which extended its alert period by two hours to 7:30pm, following the aftershock.

Residents in the capital Male’ reported feeling tremors with bottles and glass shaking when the first earthquake struck. Several tall buildings, including the government building Velanaage, and schools, were evacuated earlier this afternoon.

Tremors were also reported in the Indian cities of Kolkata, Chennai, Bangalore, Kochi and Thiruvananthapuram.

Bruce Presgrave of the US Geological Survey (USGS) told the BBC that the nature of this quake made it less likely a tsunami would be generated, as the earth had moved horizontally, rather than vertically, therefore had not displaced large volumes of water: “We can’t rule out the possibility, but horizontal motion is less likely to produce a destructive tsunami,” he said.

The 2004 tsunami inundated entire islands in the Maldives, but only caused minor damage in capital city Malé. The northern sea wall and buildings on city’s seafront were damaged. The waves caused minor flooding as well.

Minivan News will provide updates as the situation develops.

UPDATES:

14:30 – According to the BBC, the US Geological Survey has reported that the quake at Aceh quake was centred 33km (20 miles) under the sea about 495km from Banda Aceh.

14:35 – Offices, school and governent buildings in Male’ and Hulhumale’ were evacuated as the people felt the tremors.

14:40 – MET Director Hussain Waheed told state broadcaster: “There is a potential tsunami risk to the Maldives in next two or three hours. But there has been no sign of a tsunami yet. However, he advised the people to be on alert.

14:52 – Deputy Tourism Minister Mohamed Maleeh Jamal told Minivan News that government bodies were now following the instructions of the coast guard and Maldives National Defense Force (MNDF). Resort management had been formed and the government was set to form its crisis management committee established following the 2004 Asian tsunami that struck many islands across the Maldives.

Jamal said he himself had been in the Velaanage Building, where he said that tremors as a result of the quake could be felt.

“All government employees in the building were evacuated to ground level,” Maleeh said of the situation at the time. “We are still waiting for exact details on the situation, but we are working with the military and coast guard.”

Report from the Pacific Tsunami Warning Centre:

“EARTHQUAKES OF THIS SIZE HAVE THE POTENTIAL TO GENERATE A WIDESPREAD DESTRUCTIVE TSUNAMI THAT CAN AFFECT COASTLINES ACROSS THE ENTIRE INDIAN OCEAN BASIN.

HOWEVER – IT IS NOT KNOWN THAT A TSUNAMI WAS GENERATED. THIS WATCH IS BASED ONLY ON THE EARTHQUAKE EVALUATION. AUTHORITIES IN THE REGION SHOULD TAKE APPROPRIATE ACTION IN RESPONSE TO THE POSSIBILITY OF A WIDESPREAD DESTRUCTIVE TSUNAMI.

ESTIMATED INITIAL TSUNAMI WAVE ARRIVAL TIMES AT FORECAST POINTS WITHIN THE WARNING AND WATCH AREAS ARE GIVEN BELOW. ACTUAL ARRIVAL TIMES MAY DIFFER AND THE INITIAL WAVE MAY NOT BE THE LARGEST. A TSUNAMI IS A SERIES OF WAVES AND THE TIME BETWEEN SUCCESSIVE WAVES CAN BE FIVE MINUTES TO ONE HOUR.”

15:07 – Mobile networks are suffering from congestion due to a sudden spike in usage, report major providers.

15:11 – Government spokesman Abbas Adil Riza said the Maldives was evacuating beaches. The National Disaster Management Centre is continuing to issue updated warnings and assess any potential threat: “Right now, we are seeing if there is a threat [from today’s Indonesian earthquake] to this side of the Indian Ocean.

15.18 – David Cameron tells Indonesian President that he is ‘hugely concerned’ about the earthquake, reports the BBC.

15:25 – Bruce Presgrave of the US Geological Survey (USGS), has told the BBC that the nature of this quake made it less likely a tsunami would be generated, as the earth had moved horizontally, rather than vertically, therefore had not displaced large volumes of water: “We can’t rule out the possibility, but horizontal motion is less likely to produce a destructive tsunami,” he said.

15:42 – Maldives National Defence Force (MNDF) spokesperson Colonel Abdul Raheem has said that no signs of a tsunami wave within the Indian Ocean have as yet been identified.

“At the moment we are monitoring areas around the country, but have not observed any tsunami,” he said. “We have been in contact with other countries like Sri Lanka and India and they have said the same thing.” Raheem concluded that at present, the Indian Ocean remained calm.

15:44 – Indonesia’s disaster management agency said power was down in Aceh province and people were gathering on high ground as sirens warned of the danger. “The electricity is down, there are traffic jams to access higher ground. Sirens and Koran recitals from mosques are everywhere,” said Sutopo, spokesman for the agency.

The quake was felt as far away as the Thai capital, Bangkok, and in southern India, residents said.

15:49 – Reuters news agency, quoting tsunami warning centre official, has reported the total vertical measurement of the tsunami wave, according to monitoring gauges, was 35 cm (13.8 inches), making the height 17 cm (6.7 inches).

“It doesn’t look like a major tsunami,” Victor Sardina, a geophysicist on duty at the Hawaii-based Pacific Tsunami Warning Centre said. “But we are still monitoring as tsunamis come in waves.”

16:14 – The Centre revised its initial update and said that if generated, the tsunami was likely to hit the Maldives at 11:49(GMT) – 16:49 Male time, and 11:44(GMT) in Gan local time 16:44

16:16 – Sea level reading confirm a tsunami was generated, reports the Pacific Tsunami Warning Centre.

16:21 – Met Office Director Hussain Waheed has said that the country has not decided to updated the severity of its warning since the tsunami warning was first raised earlier this afternoon, but will be extending the period of the tsunami watch for at least an hour and a half.

The Met Office said it continues to issue a yellow bulletin, which requires authorities to keep a watch on potential tsunami development.

“Any earthquake of a  magnitude of over 8.0 results in a yellow bulletin being issued,” he said.

With the yellow bulletin in place, Waheed said that the Met Office would be continuing to run a tsunami watch regarding the situation in the Maldives for at least the next hour and a half due to aftershocks that have occurred in Indonesia.

16:25 – The latest (4th) bulletin from the Pacific Tsunami Warning Centre advises that when no major waves have occurred for two hours after the estimated arrival time (16:49 for Male, 16:44 for Gan, local time), authorities can assume the threat is passed.

“Danger to boats and coastal structures can continue for several hours due to rapid currents. As local conditions can cause a wide variation in tsunami wave action the all clear determination must be made by local authorities.”

16:29 – UNICEF worker Edward Carwardine in Jakarta, Indonesia, told Al Jazeera: “People are quite rightly moving to higher ground, moving away from the coastal areas as fast as they can. I think it’s an indication of how much people have learned from the terrible experiences of a few years ago. We haven’t yet heard of things like structural damage … right now people are looking after themselves and that’s the best thing they can do.”

16:30 – The 2004 tsunami inundated entire islands in the Maldives, but only caused minor damage in capital city Malé. The northern sea wall and buildings on city’s seafront were damaged. The waves caused minor flooding as well.

Following the Indonesia geophysics agency’s extension of a tsunami warning in Aceh province, the Pacific Tsunami Warning Centre has issued a new warning for the Indian Ocean following aftershocks off the Indonesian coast.

16:35 – The Maldives MET Office has extended the alert for Maldives until 5:30pm local time, following the latest after-shock which measured 8.2 on Richter scale.

16:46 – The Tourism Ministry activated its disaster management policy at 14:15 today, Minister Ahmed Adheeb has said on Twitter. All resorts were informed, tourist recalled to the island and head counts taken.

16:25 – Trans Maldivian Airlines (TMA) Managing Director Edward Alsford said the company is not making any changes to its scheduled activites at the moment. He said that the company did have back up systems in place when necessary. At the moment the sea plane operator was taking a precautionary stance while awaiting further information, he said.

16:45 – Ibrahim Nasir International Airport (INIA) CEO Andrew Harrison has said that management were currently monitoring the situation as it developed at the airport, and enacting countermeasures to protect vehicles in the event of a tsunami.

Harrison added that airport management was currently talking to sea plane operators and other airline operators to potentially move some aircraft to protect against any adverse impacts from a tsunami or irregular tidal pattern.

16:54 – People from coastal areas in Indonesia have been evacuated, police have told an Al-Jazeera correspondent. There are no reports of damages or casualties.

16:57 – India’s National Disaster Management Authority (NDMA) has played down tsunami reports in the region. The organisation had initially issued a warning for Andaman and Nicobar Island, and an alert to coastal areas of Andhra Pradesh and Tamil Nadu.

“There is no specific threat. It was a watch and alert. There is no likelihood of any tsunami in the Indian Ocean region,” NDMA Vice President Sashidhar Reddy told the Press Trust of India.

“It is the kind of strike and slip earth quake which does not trigger tsunami. There was no vertical displacement of water under the sea,” he said. “Tsunami possibility is virtually ruled out.”

17: 10 – The tsunami alert period has been extended in the Maldives to 19:30 local time, reports Haveeru.

17:13 – Safari boat operator Danielle Clayton, currently on her vessel in Dhaalu Atoll, said that she and her crew had not experienced any adverse conditions since the country issued a tsunami warning this afternoon.

“We first found out about the situation from Facebook, but since then we have come into the atoll with a number of other [live-aboard] boats,” she said.

Clayton added that they had been visited by the coastguard and remained in touch with other vessels for updates on the situation.

“Our crew are local guys and they have been getting in touch with people too.”

17.15 – Director General of the Department of Meteorology, Hassan Waheed, has confirmed that due to the aftershock the tsunami warning has been extended until 7.30pm local time.

17:16 – The airport has issued a statement noting that a tsunami watch “means there is the potential for a tsunami, not that one is imminent”. The airport continues to be on amber alert and “all seafarer vessels are advised to keep distance from the jetties and moor in the mooring areas located in the outer harbour area.

17:23 – The Pacific Tsunami Warning Centre has issued a fifth notification following the earthquake, scaling back the tsunami watch area to Indonesia, India, Sri Lanka, the Maldives and Diego Garcia. Estimate arrival times for a tsunami in the Maldives have now passed, but the watch period continues for two hours past the estimate (11:49GMT/16:49 local for Male’, and 11:44GMT/16:44 local for Gan).

17:29 – Indonesia’s Jakarta Post reports “small tsunamis” reaching upto 80 centimeters high have hit Meulaboh and Sabang cities in Aceh.

17:59 – The Pacific Tsunami Warning Centre has cancelled the tsunami watch alert for both the 8.6 earthquake at 1339 Male time, and the 8.2 aftershock at 1543. “Sea level readings now indicate that the threat has diminished or is over for most areas”, the centre reported.

19:45 – Director General of the Meterological Department confimed the cancellation of the tsunami watch saying: “The danger has passed. The wave was recorded mostly affecting Indonesia. There was only a small rise in our tsunami gauge.”

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Hopes of victims renewed as parliament passes domestic violence bill

The Maldives parliament yesterday passed a much awaited Domestic Violence Bill which for the first time will provide legal provisions to protect victims from domestic abuse through protective orders and improved monitoring mechanisms.

The bill received broad cross party support when it was submitted by then opposition Dhivehi Rayithunge Party (DRP) in October 2011.  It was submitted in an attempt to enact  key changes to existing legislation and address societal attitudes to violence committed against women and girls within domestic circles.

Out of the 54 MPs present at Monday’s parliamentary session, 50 voted in favour of the bill, while two members, including Jumhoory Party MP Ibrahim Muththalib and MDP MP Mohamed Gasam voted against it. Two MPs abstained from the vote.

The passage to endorsement took over an year longer than anticipated, mostly due to the resistance from several MPs who had argued the bill was “un-Islamic” and criticised it for “unduly favouring” women while at the same time making life “extremely difficult” for men, who they said, were wronged by women.

Independent MP Mohamed Nasheed, who re-drafted the bill during the committee stage, noted in an interview with Minivan News today that several MPs had proposed amendments during the committee stage to revise clauses they deemed were in contravention to Islam.  However, these proposed amendments failed due to the lack of support, he added.

Nasheed insisted that the bill is actually “gender neutral” and provided equal protection to “everyone in a domestic relationship” including husband and wife, family and non-family members such as house-helps.

He added, “The argument for women is generated as a larger segment of the vulnerable victims include women and girls”.

Ministry of Gender and Family study – the first comprehensive nationwide survey of domestic violence in the Maldives – showed that one in every three women between the ages of 15-49 has been a victim of domestic violence.

The study suggested there was general acceptance of domestic violence across the country and among both sexes, who perceived it as being ‘normal’ or ‘justified’.

Seventy percent of Maldivian women believe, for example, that there are circumstances under which a man is justified in beating his wife. Infidelity and disobedience, most women accept, are valid reasons for taking a good beating from the husband.

A majority of women also accept that they have a subordinate role to men, the report stated among it’s conclusions.

The survey added that one in every three Maldivian men who commit acts of domestic violence against women do so for ‘no reason’. One in four does it to punish the woman for disobedience, and one in five does it because he is “jealous”.

One in every ten men beats up his partner because she refuses him sex, and the rest of them do it for any number of reasons  – lack of food at home, family problems, because they are broke or unemployed, because they are having problems at work, or because the woman is pregnant

The new legislation passed this week is designed to offers a holistic and effective legal framework for addressing domestic violence in Maldives. It aims to do this by providing sweeping powers to regulatory authorities to expedite investigations of abuse within private spheres, makes provision for protection orders and legal remedies for victims; punishments to perpetrators who violates the court orders; psychological and rehabilitative services for victims or perpetrators, and processes for promotion of reconciliation.

Offences and Protective Remedies

According to the legislation, sexual, physical and emotional abuse of victims, economic and psychological abuse, intimidation, stalking and harassment, deliberate damage to property of the victims are all considered offences and perpetrators are subjected to the punishments and court orders under this legislation.

A husband who deliberately impregnates a wife seeking a divorce from an abusive marriage, or impregnates her despite the known health risks will also be committing an offence under the legislation.

However, MP Nasheed observed the stated offences in the Domestic Violence Law are considered “civil offences”, but it does not prevent the criminal prosecution of the perpetrator under penal code and other relevant legislations.

The legislation also offers several civil remedies for alleged victims to protect themselves and families from further abuse from assailants through protective orders, restraining orders and custody/maintenance orders.

The protective orders include “certain things that cannot be done or acts from which the victims are protected,” Nasheed explained.

The restraining order meanwhile prohibits an alleged perpetrator from committing specific acts pertaining to the complaints. For instance, where the perpetrator and the victim share the same household, the court can restrict the victim from “entering and exiting their private dwelling, place of work, employment, teaching, learning or any other commonly visited place.”

Meanwhile, in the event a wife applies for a protection order, the bill gives courts the authority to evict the husband from the residence, if the need arises.

The court can grant a three-month provisional order without a trail or to the knowledge of the alleged perpetrator while he or she is given the right to challenge the order during the trial to make the order permanent.

Violations of these orders are constituted as a criminal offence and the perpetrator is subjected to a maximum fine of Rf50, 000 and maximum three years of imprisonment.

Police and Family Protection Authority

Under the legislation, in cases where the police has reasonable evidence to believe a person is a victim of domestic abuse, the police can enter the place of crime without a court order and arrest perpetrators.

It also mandates the police to transfer the victim from the abusive environment to a secure location, if necessary with their own expenses.

“Once the legislation is ratified, the police must decide and announce protocols to address domestic violence cases, assess the level of damage to the victims and if necessary remove the victim from abusive environment and give shelter,” Nasheed noted. “Once these protocols are activated, [police] don’t wait to decide who takes care of the expenses.”

Police media official Hassan Haneef said today that the police will comment on the legislation after a thorough study.

Health professionals and care workers are subjected to statutory obligations to report and act on suspected domestic violence cases.

Meanwhile, an institution named “Family Protection Authority” (FPA) must be established under the legislation with the primary mandate to implement the legislation and create awareness.  The authority must establish easy mechanisms among other responsibilities, to allow victims to report abuse, provide psychological and rehabilitative services for victims and perpetrators, and processes for promotion of reconciliation.

According to Nasheed, the existing Department of Family and Child Protection Unit under the Health Ministry is likely to “ripen into the full fledged institution [FPA]”.

The Gender Department had earlier echoed concerns over the lack of a budget required to implement the legislation and asked the parliament to pass it with the necessary budget.

However, Nasheed responded although a budget has not been allocated under the legislation it does not” prevent the legislation coming from into being” and added that once the law is passed, it “gives the authority the right to charge the consolidated fund.”

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Government and courts block MDP gatherings, as freedom of assembly bill enters the house

Hours after the dismissal of  the MDP’s civil court case challenging last month’s dismantling of its protest camp at the tsunami monument by the police and military, the Housing Ministry had informed Male’ City Council (MCC) of its intention to remove the party from its new base at Usfangandu.

After more than two weeks of hearings, the Civil Court dismissed the case of the Maldivian Democratic Party (MDP) against the state.

The case was dismissed after court said that the party’s interim chairperson Moosa ‘Reeko’ Manik did not have the authority to file the case on behalf of the MDP.

Judge Aisha Shujon argued that the court could not verify whether an interim chairperson had been elected and so did not see sufficient grounds to continue with the case.

The initial legal arguments supporting the closure of the camp ranged from charges of illegal activities to claims that the land actually belonged to the Maldives National Defence Force (MNDF). The claim that the MCC did not have the right to lease the land for political purposes has resurfaced in the new challenge against the MDPs latest camp.

After a short media blackout following the security forces entering the camp at Lonuziaaraiy Kolhu, illicit items including alcohol and condoms were displayed to the media as evidence of nefarious activities.

A member of the MDP’s legal team Hissan Hussian said that the court had gone “beyond its jurisdiction” in questioning the internal processes used within the MDP to elect an interim chairperson.

“We argued that the MDP had passed a decree that allowed a person to act as interim chairman and submitted the minutes of the meeting to show that Moosa was nominated,” said Hissan.

“The [court’s] ruling said that these minutes needed certain formalities and so would not recognise them although the court did recognise that the voting took place,” she continued.

Hissan also pointed out the a previous higher court ruling stated that a case, once started, cannot be dismissed on a procedural issue that has no substantive bearing on the case.

The next hearing, scheduled for April 10, was expected to see both sides present their concluding statement.

The case has been re-submitted to the court with the signature of the MDP’s President, Dr Ibrahim Didi.

Haruge

Shortly after the dismantling of the original camp, the MDP began assembling only a few metres away at Usfasgandu. Crowds attempting to gather in the area behind Dharubaaruge were initially dispersed by police but a permanent stage has now been erected.

Protest marches and demonstrations have once again begun to emerged from the area. Two such marches last weekend, targeting the home of the President and a business belonging to the Vice President, started and finished at Usfangandu.

The MCC has today acknowledged the receipt of a letter from the Housing Ministry informing them that they have until Thursday to remove this new demonstration area.  The letter informs the MCC that if this does not happen, the land will be confiscated by the government.

The Council intends to challenge the government’s assertions that it has breached its regulations in leasing the land to the MDP for political activities. The current lease for the area was due to expire at the end of June.

Former advisor to President Mohamed Nasheed Ibrahim ‘Ibra’ Ismail described the dismissal of the court case “highly questionable”, and the threat to remove the MDP from another demonstration site as part of a wider move to stifle all political activity within the country.

“We are concerned about government institutions not working within the law… the courts don’t seem overly concerned,” said Ibra.

Freedom of Assembly

Independent MP Mohamed Nasheed last week submitted a Freedom of Assembly bill to the Parliament in an attempt to provide greater clarifications of the rights and responsibilities of both protesters and those policing them.

The most prominent instances of recent confrontations with the security forces have occurred when anti-government groups have attempted to breach the cordoned off area radiating from Republican square.

Breaches and attempted breaches of this zone have resulted in clashes with security forces, ranging from sit-down protests to the deployment of tear-gas, rubber bullets and high powered hoses.

Nasheed says the bill he is introducing is needed to replace the current regulations concerning freedom of assembly which pre-date the current constitution. These regulations are, he understands, currently the subject of a challenge via public petition in the High Court.

“Several parts [of the current regulations] can be challenged for their constitutionality. I am confident that the larger part of these rules will be null and void. They are obsolete.”

The proposed bill is based largely on the guidelines published in 2010 by the European advisory group on constitutional law, the Venice Commission (officially called the European Commission for Democracy Through Law). The guidelines argue that any restrictions to freedom of assembly must consider legality, necessity and proportionality.

The unusual nature of the country, he argued, requires that “absolute” restrictions on static protests remain around the state’s vital institutions, in particular those areas on Republican Square which affect the security forces’ ability to operationalise.  These require an area of 200ft to the front and 50ft to the side of police and military headquarters to be prohibited from static protests, such as sit-downs. Other military barracks require a protective zone of 50ft; other police facilities, 25ft.

The police protest on February 7 that led to the downfall of Nasheed’s government took place outside the MNDF’s headquarters.

Additionally, the bill suggests that a minimum distance of 25ft be kept from mosques, schools, hospitals, court buildings, the President’s Office, the President’s house, and from the Parliament. The proposed bill places no restrictions on moving protests.

The only time-based restritions are those that proscribing protests outside of an individual’s home after 10pm, and those that use loudspeakers after 8pm.

Nasheed was also keen to point out that this bill, and the timing of its submission, was unrelated to the current political situation. He stated that he had been working on the bill since 2010 and had completed a first draft last year.

He was realistic, however, about the difficulties the bill would face.

“People who are protesting will be unhappy with any restrictions… but they should respect the rights of others,” said Nasheed.

Due to the current pace of legislative activity, he said that the bill could take up to a year to be passed.

When asked about the likely success of the bill, he said: “I don’t anticipate anything. All I have done is taken the first step.”

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PPM submits amendment to make enforcement of death penalty mandatory

Former President Maumoon Abdul Gayoom’s Progressive Party of the Maldives (PPM) has proposed an amendment to the Clemency Act (Act no 2/2010) which would make performing the death penalty mandatory in the event it was upheld by the Supreme Court.

The amendment was submitted by PPM MP Ahmed Mahloof, the third MP to submit an amendment to put the death penalty into practice.

Mahloof’s amendment would require the President to enforce any death penalty if the Supreme Court issues the verdict of death, or if the Supreme Court supports the ruling of the death penalty made by either the Criminal court or the High Court. The move would halt the current practice of the President commuting such sentences to life imprisonment.

Mahloof, in a press conference held in his party head quarters on Monday, stated that he had proposed the amendment in an effort to stop crimes of murder and violence.

He claimed people were of the view that if death penalty or capital punishment is enforced it would bring down crime, and that he had decided to propose the amendment in consultation with several people including fellow parliamentarians.

“I believe nobody would want to die. So if the death penalty is enforced, a person who is to commit a murder would clearly know that if he carries out the act, his punishment would be his life. I believe this will deter him from committing such acts,” Mahloof said.

However, Mahloof admitted that enforcement of capital punishment would not be the sole solution to the problem. He reiterated that in order to achieve a solution, the new penal code and the criminal evidence bill had to be passed.

He also stated that he has been working on drafting a separate bill which is intended to prevent ongoing violence, murder and other criminal activities.

Mahloof has proposed to amend the article 21 of the Clemency Act.

The article 21 of the existing Clemency Act states: “Even if stated otherwise in this act, if the Supreme Court issues a death sentence, or a lower court or High Court issues a death sentence and if the Supreme Court upholds that sentence, the President has the authority to relieve the sentence into a life imprisonment, after consideration of either the state of the guilty, the legal principles behind the issue, consensus of the state or the values of humanity. But once such a sentence is being relieved to a life imprisonment, the guilty shall not be eligible for pardon, under any clause of this act.”

Mahloof’s amendment to the same article reads: “Even if stated otherwise in this act, if the Supreme Court issues a death sentence, or a lower court or High Court issues a death sentence and if the Supreme Court upholds that sentence, the President shall enforce the sentence.”

In Islamic Sharia, death penalty is the punishment of a murderer (one who kills deliberately) and that he is to be killed in retaliation (Qisaas) unless the victim’s next of kin let him off or agree to accept the ‘Diyah’ (blood money).

Previously, Maldivian Democratic Party (MDP) MP Ahmed Rasheed and later MP Ibrahim Muthalib submitted similar amendments to the clemency act but both subsequently withdrew these.

MP Rasheed at the time said that he felt he had to present the amendment because of the increase in assaults and murder cases, which had “forced the living to live amid fear and threats.”

After the preliminary debate was concluded and he was given the opportunity to say the last word on the amendment, MP Rasheed withdrew the changes he had originally submitted to parliament citing that he withdrew the amendment because other necessary bills related to curbing criminal activities, such as the Penal Code and Criminal Justice Procedure Bill, had yet to be passed.

In April 2011, MP Ibrahim Muthalib became the second MP who had proposed amendments to Clemency act requiring the state to enforce death sentence.

MP Muthalib at the time told Minivan News that the purpose of the amendment was to uphold Islamic Shariah in the Maldives.

“[The amendment aims] to avoid human beings from changing the verdict determined by Islamic Shariah,” said Muthalib. “It’s the same bill as presented last time. [Referring to MP Rasheed’s amendment]”

On November 2010, Criminal court sentenced Mohamed Nabeel to death for the murder of Abdulla Faruhad, after reviewing the statements of witnesses and finding him guilty of the crime, making it first such sentence to be issued in a case related to gang murder.

The Judge issuing the sentence stated that article 88 clause (d) of the Penal Code of the Maldives stated that murders should be dealt accordingly to the Islamic Shariah and that persons found guilty of murder “shall be executed” if no inheritor of the victim denies the murderer to be executed, according to Islamic Shari’ah.

Previous death sentences issued in the Maldives have included (in 2005) those found to be involved in the death in custody of Evan Naseem, and the perpetrators of 1988 coup.

However none of these sentences were implemented and the guilty were given sentences of life imprisonment.

“An attempt to conceal the real truth”

Aishath Velezinee, formerly the President’s appointee to the Judicial Services Commission (JSC), said the amendment was another attempt by the MPs to avoid “the real issue” and to “deceive the public”.

“The real issue for thriving crime is corruption. The constitution has recognised this and required the judiciary be checked and cleansed.  The JSC breached the constitution, and those MPs are proposing this to cover up the JSC,” Velezinee said.

“Islam upholds justice, and not only has death penalty; it has very clear qualifications for judges too. Neither MP Mahloof, nor any of the Sheikhs, has expressed alarm that the judges are far below standard and some of them are convicted criminals themselves. This is pure politics and abuse of Islam,” she added.

Velezinee also stated that she had earlier sent a letter to the Parliament highlighting the incapacities of the judiciary and the question of public trust upon the the courts and the JSC, when the amendment had earlier been proposed by MDP MP Ahmed Rasheed.

Velezinee claimed that Mahloof’s amendment was an attempt to hide what her letter had highlighted about the Criminal Court and the Judiciary as a whole.

Speaking to Minivan News, MDP MP and spokesperson, Imtiyaz Fahmy stated that the amendment was a “childish act” from MP Mahloof and that it could be a popularity stunt, especially at a time when a very “complete” and “relevant” Penal Code is about to be passed by the Parliament.

The last person to be executed in the Maldives after receiving a death sentence was in 1953 during the first republican President Mohamed Ameen. Hakim Didi was charged with attempting to assassinate President Ameen using black magic.

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Government to annul provincial health and utility corporations, centralise services

President Dr Mohamed Waheed Hassan’s Spokesperson Abbas Adil Riza said the government intends to annul 30 government companies, including the provincial health and utility companies, in order to streamline government policy and improve service delivery.

The seven provincial utility companies—charged with providing electricity, gas, water and sanitation services—will be annulled and brought under one central umbrella corporation.

Furthermore, the seven provincial health corporations will be dissolved and health services will now be provided through the Health Ministry and the Centre for Community Health.

Riza said the provincial companies had failed to deliver services and that ousted President Mohamed Nasheed’s administration had set up separate utility and health corporations in each of the seven provinces only to award salaries to Maldivian Democratic Party (MDP) activists.

Nasheed’s former Policy Undersecretary Aminath Shauna said the act represented a “move back to Gayoom’s policies”, and defeated the purpose of decentralisation. Maumoon Abdul Gayoom ruled the Maldives from 1978- 2008.

“Malldives’ geographical fragmentation means one central board or company will find it impossible to effectively monitor and deliver services in an equitable manner,” Shauna said.

“They want to re-establish a relationship of dependency between the islands and Malé. Their intent in this is to consolidate power. Islanders will once again have to come to Malé and beg for services,” she added.

Effective Service Delivery

Speaking to Minivan News, Shauna said Nasheed’s administration had pursued a policy of corporatisation at provincial level in order to decentralise and improve service delivery.

“We have already experienced the disadvantages of centralising services; it made service delivery slow and led to corruption. Corporations were instituted because utility companies were not run on a business model. Island electricity providers often came to the finance ministry asking for debt relief. We wanted to eliminate this dependency. Corporatisation also creates reliable services and creates economies of scale,” Shauna said.

In response Abbas said the provincial companies had failed to deliver services.

“These companies could not manage their capital. In 2010 alone, Rf 800 million (US$52 million) was spent on supporting the salaries of so-called corporations,” Abbas said. The companies did not share common polices and operated on very different models, he claimed.

Although the provincial companies will be terminated, the operational units at province and island levels would continue to exist.

“This is centralised coordination to streamline policy. The operational units at provincial and island levels will continue to exist and the staff will retain their jobs,” he said.

“What we are doing is eliminating political boards. There were 30 separate boards before. Some boards had as many as 15 board members, and they were all political appointees. The former government did this in order to grant party activists salaries,” he alleged.

“When you eliminate political boards, service delivery will in fact be faster. If you look at the health records, we are slipping back and we believe this happened because service delivery was not efficient or effective,” he claimed.

However, Shauna said Nasheed’s “ultimate aim was to make these companies public companies and fully independent. They were state sponsored until they could find their own feet.”

Some companies had been more successful than others, Shauna admitted. For instance, the Southern Utilities Ltd – serving Addu and Fuamulah Atolls – had contracted Biwater International Ltd in 2010 to build six seawater reverse osmosis desalination plants to provide potable water. The contract is valued at US$42 million. The Southern Utilties Ltd had also handled all roadwork and landscaping for the 2011 SAARC Summit held in Addu atoll.

“All of the companies were improving gradually. They were finding their own feet, and contracting partners through public private partnerships. Our vision was for the government to step out of service delivery and play a monitoring role,” Shauna said.

Decentralisation

A second benefit of the centralisation of utility and health services is that the policy would empower local councils, Riza told Minivan News.

“Decentralisation means administrative decentralisation through elected councils. It does not mean making corporations. Now the ministry will be working very closely with the councils, where tasks will be delegated to councils, whereas corporations can and did override councils before,” Riza said.

In response Shauna said the spirit of decentralisation was to decentralise service delivery and to promote greater accountability.

“When you have regional companies, you have service providers working closely with the public. These companies will have to face the public everyday and this improves accountability,” Shauna said.

“How can a central authority with a limited number of people provide equitable services to the entire country? A few people deciding for the entire country does not help the people,” Shauna said.

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Comment: Let them eat cake

As the world watches the escalation of violence in the Maldives, the media, both nationally and internationally, has focused on the major characters in this unfolding drama. A corrupt government headed by an aging dictator was, for a short period, defeated by a popular movement led by a relentless activist, recognised for his fearless and uncompromising struggle to change the system.

However, the old regime was returned to power by the coup on February 7, barely four years after the previous government was established through a popular democratic movement. This is the stuff of Hollywood movies, but the script is still being written…

Democracy or Oligarchy? The dictionary definitions of these conflicting ideologies do not clearly reflect the real reasons behind the political struggle and the recent coup in the Maldives. It is not primarily a drama of personalities, as some of the media interviewers have portrayed it. It is a struggle between an oligarchy doggedly maintaining its privileges and a growing number of Maldivians who refuse to be beaten or intimidated into submission. Baton clashes with belief. Power clashes with powerlessness. And most importantly, privilege for the few clashes with justice for all.

For centuries, pre-eminence in government has been synonymous with privilege in the Maldives; and the privileged few used their power to do little other than to preserve their position and lifestyle. Gayoom, who was educated in the Middle East, came to power with such promise of change, but managed only to perpetuate an Arabian Nights style of governance.

Under him, the Maldivian government continued to be inward looking. The rule of the privileged few continued to be the norm. Thirty years of exploitation and repression under Gayoom left the country economically and emotionally bankrupt. The social results of this are seen in the plethora of problems that the Maldives faces today. One outstanding example is the neglect of the atolls- the economic backbone of the country.

While members of the privileged oligarchy lived the lifestyle of the rich and famous funded by the country’s earnings and the aid that was poured into the country to assist its development, there was a deliberate neglect of the islands outside the capital Male and their need for education, health care, and employment. This neglect led directly to the beleaguered state of Male today. Thousands upon thousands of Maldivians go to live in Male, to work and educate their children. Today, Male is one of the most crowded and polluted cities in the world. Privilege, married to self- interest, leaves long, dark shadows.

Privilege also goes hand in hand with exclusiveness and a strong sense of entitlement as evidenced by Gayoom’s regime. State money that was the right of all citizens was spent on personal aggrandizement. ‘Theemuge’- Gayoom’s presidential palace- and the millions of public money spent on it, is a symbol of corruption and excess that will stay with us for many years. However, the platoon of luxury yachts and the lifestyle enjoyed by his family and friends were not seen by them as a result of embezzlement, but a reflection of what they were justifiably entitled to.

Such self-deceit went further. Just as the colonial powers and the Christian missionaries of the past justified their dealings with the indigenous people of the colonies as humanitarian and ethically sound, the regime justified its way of doing things as enlightened and for the public good. For years, the old regime has argued that the Maldives was not ready for Democracy; this became a self-fulfilling prophecy.

This style of archaic thinking assumes that change for the better can only happen when it follows a time line that suits those who are opposed to any change which threatens their privileged lifestyle. The return to that regime suggests that Gayoom is of the belief that the country will not be ready for such a change in the life time of his children either! The truth is that any major progress in human history, such as the growth of Islam in its early years, the development of the parliamentary system or the emancipation of women in the West, is achieved with pain and commitment. When the oligarchy takes the moral high ground, it asserts that the ordinary public is at a lower level of evolution- incapable of rational or intelligent behaviour. Will the regime now destroy the schools, keep economic power in the hands of the few, and then tell the many that they are too ignorant for Democracy?

“Let them eat cake” is a well-known quotation possibly misattributed to Marie Antoinette, the wife of Louis XVI, whose regime was toppled in the French Revolution. The queen, who had indulged in a lifestyle of huge affluence was told that the peasants had no bread; bread being the staple food of the French peasantry and the only food they could afford. The queen’s reply illustrates her lack of understanding of the predicament of the poverty-stricken population.

Privilege is characterised by this sheer obliviousness to the concerns and opinions of the less fortunate. Thus the February 7 coup in the Maldives is not merely the effort of an old regime to reinvent itself, but it is a deliberate and belligerent signal that the privileged regime and its supporters can do what they please regardless of what the ordinary citizen feels. It is an overwhelming show of strength: they can depose a legitimately elected president, they can beat people, including elected representatives, on the street and they can wipe the slate clean for those who have stolen from the country or committed grave crimes against the Maldivian people. It is a show of huge indifference.

There is nothing that testifies to this attitude more than the employment of Abdulla Riyaz as Police Commissioner and Hussain Waheed as his deputy. Even the least informed of the Maldivians understand that these people were the driving force behind the horrifying escalation of police brutality under Gayoom.

An oligarchy, such as the one in power in the Maldives, is unable to sustain itself on its own. Maintaining antiquated rules of behaviour and supressing the beliefs of the populace is increasingly difficult in the age of the internet and social networking. Unholy alliances have to be made and the regime under Gayoom relied on the police to stay in power.

In the minds of many Maldivians, the name Gayoom is synonymous with police brutality and torture and ill treatment of political prisoners. It is not surprising that the most committed detractors of Gayoom’s regime and its scarcely disguised puppets in the present administration are those who have been at the receiving end of the inhumane treatment. In the short period of time when Maldives was ruled by a democratically elected president, this reliance on the police to enforce compliance disappeared. It is possible, given time, it may have changed not only the way the people perceive the police, but also the way the police saw their own place in the community – perhaps as the caretakers of a more humane and compassionate society.

However, the February coup has introduced a more sinister note into this unholy alliance between those in power and those who help uphold this power through the use of fear and force. This time, the allegiance of a number of police and military has been purchased. It is not difficult to conceive of a future Maldivian police force, with shifting allegiances and well-honed negotiating powers, cutting the best deal for themselves. Less obvious, but yet more insidious, is the effect of using the police to uphold the rule of the few. T

The Maldives is a small country, and much of its social functioning is based on connectedness; the type of face to face relationships which unite and hold small communities together. Senior police officers, bribed by a handful of rich supporters of the regime, have ordered the juniors officers to beat their sisters, brothers, uncles and aunts. These are ordinary people who have little to gain by the power-play of their superiors.

Recent events in the Maldives also highlight another of the problems that privileged oligarchies have to address. No modern oligarchy has managed to completely obliterate social mobility. The ambitions of small groups of people who fight their way up the through private enterprise have to be addressed. The nouveaux riches of the Maldives have reached a stage where some of them are starting to question years of hard work which has not afforded them the privileges and influence to which they have aspired. Although oligarchies, such as the present regime, do not welcome new blood with open arms, they do manipulate it.

The coup represents an outcome of synchronicity – where the needs of the oligarchy and the aspirations of a small group of rich resort owners struck a meeting point. When in power, the Maldivian Democratic Party introduced a system of taxation that did not please some of the wealthy resort owners as well as low end tourism that would open up the industry to ordinary Maldivians. These efforts by a people’s government to improve the lot of the ordinary Maldivians were a huge threat to a small group of the rich who have enjoyed a monopoly of wealth alongside their friends in the regime.

The possibility of a law that would ensure that tourism profits in fact trickled down to the local economy by putting it through local banks, was another affront to some of the powerful resort owners. Like the members of the regime, they too have an interest in maintaining the status quo, so that both sides can continue building their own empires, be it based on power, money or influence. In aligning themselves with a cruel regime, they have tarnished their own names and become traitors to their nation.

However, oligarchic governments are also invariably threatened by a more fundamental force that is not so easily manipulated. This is the inevitable state of conflict which ensues between the power of the few and the needs of the many. Eventually, the down -trodden simply refuse to be part of the narrative and mythology perpetuated by the privileged few.

Some of the greatest upheavals of human history are testimony to this simmering sense of resentment. The French Revolution, The Russian Revolution, and the Chinese Revolution are all well documented examples of how the masses revolt against such inequalities. Inevitably the people find their voice in the figure of an individual who is prepared to be the punching bag of the powerful bureaucracies. A brown man with spindly legs wearing a dhoti makes an appearance. A black man insists that he wants his children to be judged by the strength of their character and not by the colour of their skin. An old woman refuses to sit at the back of bus and decides to break the law. An Anni appears…

Justice is a powerful threat to privileged oligarchies. Some two thousand years ago, Aristotle argued that the ordering of a society is centred on justice. No oligarchy has yet managed to convince the under-privileged majority of a nation that what is justice for the minority is also justice for the masses. And justice matters. The fundamental search of the human spirit is not, as advertisers would have us believe, to holiday on ‘the sunny side of life’. Nor is it money. It is a search for the confirmation that each individual life has meaning and each individual has a right to live in dignity. This is the point of civilised society. This is why, justice is central to the smooth functioning of any society. This is why one of the most enduring symbols of the anger against the coup of February 7 is a T-shirt that simply asks, “Where is my vote?”

This is why injustice penetrates deep into the human psyche. There is nothing that unites people more than a shared list of grievances. In more recent years, Martin Luther King Junior echoed these sentiments when he argued that, “Law and order exist for the purpose of establishing justice and when they fail in this purpose they become the dangerously structured dams that block the flow of social progress.” Indeed, we need to worry when law and order have been unable to function effectively in the Maldives for over thirty years, due to the self-interest of a small minority of people.

Democracy or Oligarchy? This is no longer a political question. Nor is it an issue about two strong individuals. It has become a moral and ethical judgment that every Maldivian has to make. We must decide whether we are brave enough to choose ‘the road less travelled ’, make mistakes, take risks and grow towards maturity as a nation, or continue to be bullied by an oligarchy which, by its very definition, is focused on its own survival at the expense of the population.

The rest of the world also has to make a decision; the well- known words of Edmund Burke are hugely relevant to the situation in the Maldives: “All that is required for evil to prosper is for good men to do nothing.”

It is time for good men and women, both nationally and internationally, to stand by the Maldivian Democratic Party and help write the script for a new and more enlightened age of Maldivian history.
The time for action is now.

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

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“No Islamic fundamentalism in the Maldives”: Foreign Minister

The Indian government’s biggest concern is the internal stability of the Maldives,  Foreign Minister Abdul Samad Abdulla said today.

In a press briefing to brief media about his official visit to neighboring India, and his recent meeting with Sri Lanka’s Minister of External Affairs, Dr Samad, said the Indian government was eager to know how the Maldives had been progressing after the transfer of power that took place on February 7.

“The officials of the Indian government were concerned with the country’s internal stability after the events that unfolded on February 7,” he said.

Samad also said that India was concerned about whether the events that unfolded on February 7 involved Islamic fundamentalists, but he said he assured them that Islamic fundamentalism had no part to play in the events.

He expressed disappointment over statements made by officials of Nasheed’s government that the Maldives had a growing issue with Islamic radicalism and fundamentalism.

Samad further went onto dismiss such claims and said that religious fundamentalism did not exist in the country, and said he had assured Indian authorities that neither the transfer of power nor the vandalism of Buddhist relics in the National Museum on February 7 had involved any religious sentiment.

Speaking to Minivan News at the time, a museum official said that a group of five to six men stormed into the building twice, and “deliberately targeted the Buddhist relics and ruins of monasteries exhibited in the pre-Islamic collection”, destroying most items “beyond repair”.

A journalist asked Samad about the 2007 bombing of Sultan Park and the government’s subsequent clash with radical Islamists on the island of Himandhoo – footage of which later appeared in an Al Qaeda training video – to which the foreign minister replied “That was in the past.”

Dr Samad stated that he had met all key officials of Indian foreign affairs including the Minister of External Affairs, S M Krishna, and Indian Foreign Secretary Ranjan Mathai. Samad said he briefed them about the events of February 7, the works of the Commission of National Inquiry (CNI), and the all party talks.

Samad also acknowledged support from Indian High Commissioner to the Maldives, Dnyaneshwar Mulay.

“I especially thank Indian High Commissioner Mulay for briefing them about what happened in Maldives. Mulay, who was there during my meetings with Indian officials, observed the events very closely and even former President Nasheed was talking to him,” Samad said.

Samad also stressed that the Indian government was a “reliable and loyal” neighbor which had always been there for the Maldives, regardless of which government was in power.

He said that the main purpose of the trip was to get assurance of Indian support for the current government, which he claimed had been “very positive”.

India was initially concerned of the safety of Indian investments in the country, Samad said – Indian infrastructure giant GMR is currently redeveloping Ibrahim Nasir International Airport (INIA), the single largest foreign investment in the Maldives. Samad  said he had assured Indian officials that the current government of the Maldives will give the “utmost priority” in protecting Indian investments.

“Several Indian companies have huge investments in the Maldives. They have been involved in housing projects and as well as the privatisation agreement of INIA with GMR. The Indian government was concerned about these investments and we assured them that it remains safe,” Samad added.

Last week, Finance Minister Abdulla Jihad declared that the Maldives Airport Company Limited (MACL) would be unable to pay the disputed airport development tax (ADC) without risking bankruptcy – a US$25 fee that was to be charged to outgoing passengers, as stipulated in the contract signed with in GMR in 2010. The government was to pay the fee from airport revenues after its collection was blocked by the Civil Court.

Samad also said that the safety of the Indian ocean was a priority for India.

“We are at the center of a very internationally strategic area and the Indian Ocean is a huge shipping lane as well.  The recent hijacking of a foreign vessel by Somalia pirates is a concern as well. India is highly concerned about the security of the Indian Ocean.”

Samad said he had discussed strengthening bilateral relations with India and had discussed in finding solutions the difficulty in obtaining visas for Maldivians travelling to India.

He also claimed that India would soon provide the Maldives government with land in Delhi to build a Maldivian Embassy, in the heart of diplomatic area.

Sri Lanka

Regarding the meeting held with the Minister of External Affairs of Sri Lanka, Professor GL Peiris, Samad said that he had briefed the Sri Lankan minister regarding the events of February 7.

He also said that the ministers had discussed resolving visa issues and complications faced by Maldivians travelling to Sri Lanka, particularly students, to which he said the Sri Lankan minister had been very positive.

Regarding the transfer of power in February 7, Samad claimed that the government had not changed on February 7 and that “technically” it was the same government and that only the president had changed.

“If you look at our constitution, we have a presidential system. This is not a parliamentary system to say that the government belonged to the Maldivian Democratic Party (MDP). People voted both Nasheed and Waheed in the elections. Nasheed did not win the election on his own. Nasheed and Waheed got less than 25 percent of the votes in the first round [of the presidential elections 2008]. He won the presidency with the support of Gasim Ibrahim and Dr Hassan Saeed,” Samad contended.

“So if you say its Nasheed’s government that means its Gasim’s government as well, it’s even Umar Naseer’s government,” he claimed.

The MDP has contended that nearly all political appointments have been replaced with supporters of former President Maumoon Abdul Gayoom, who was voted out in 2008.

He also revealed that former government had not built any ‘special’ diplomatic relations with Israel.

“I don’t think what some people speak on political podiums is the real foreign policy. From the documents that I have, Naseem [referring to former Minister of Foreign affairs, Ahmed Naseem] did not build any special diplomatic relations with Israel like he has been saying,” Samad claimed.

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Plans to develop residential homes for the elderly stalled

The planned development of private residential homes for the elderly has been temporarily stalled, the Ministry of Health and Family said today.

Director of the Department of Gender and Family Hafeesa Ali confirmed that work on establishing private care homes for the elderly had currently been halted with the change of the government in February.

“There were plans last year to develop residential care homes due to the increasing number of requests to transfer old people to Guraidhoo center. But as you know, several projects from last year have come to a halt now [after the change of government on February 7]. The discussions are ongoing, but I can say it is not progressing as fast as we had hoped,” Ali told Minivan News.

The cabinet of former President Mohamed Nasheed decided in July 2011 to establish private residential homes under its Public Private Partnerships (PPP) scheme.  The pledge for residential homes was made owing to concerns over the increasing number of elderly people being transferred to the state-run Guraidhoo Special Care Centre, which was found by the government to have insufficient space and facilities to accept new charges.

The PPP scheme was shut down last month by the present government, reportedly over concerns sbout the legal processes behind certain privatisation projects.

Beyond the issue of setting up residential homes,  Hafeesa Ali noted that the gender and family department’s wider work to provide shelter and care to the elderly Maldivians had been further obstructed by a limited budget and resources.

“Several elderly people are wait listed to be accepted into the Guraidhoo centre even now. Some of them don’t have any relative or caregiver. But there is no space at the centre and we do not have the capacity to provide alternative housing,” she observed.

According to Health Ministry figures released on April 7 to mark the occasion of World Health Day, 49 people aged between 75 and 80 were found to be living at the Guradhoo center. Among the 49 residents at Guradhoo, eighteen are women and 31 men. Thirteen of them are bedridden, while another thirteen remain in wheelchairs, the statement read.

Most of residents do not have any legal guardian or have been neglected by relatives with no where to live, the ministry added.

According to the statement, only a few family members were reported to have visited elderly relatives at the centre or made attempts to check up on them by phone.

Hafeesa Ali says that the most challenging factor for the department is providing care to the old people under the same roof as people with disabilities or mental illnesses.  Over a 100 people with special needs are receiving treatment at the Guraidhoo facility.

According to recently released ministry figures, Rf12,000 is spent on every resident per month.

Minivan News reported in January of an increasing number of elderly people being abandoned or forced out of family homes to live on the streets.

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