Category: Politics

MDP expels MP ‘Reeko’ Moosa Manik

The opposition Maldivian Democratic Party’s (MDP) disciplinary committee has today expelled MP and Deputy Speaker of parliament ‘Reeko’ Moosa Manik for breaching the party parliamentary group’s three-line whip in three Majlis votes.

The MDP’s National Executive Council last week asked the committee to penalise Moosa within seven days along with five others after their absence from a Majlis vote to dismiss former Chief Justice Ahmed Faiz and Justice Muthasim Adnan.

Others absent from the vote were Vaikaradhoo MP Mohamed Nazim, Velidhoo MP Abdulla Yamin Rasheed, Mulaku MP Ibrahim Naseer, Felidhoo MP Ahmed Marzooq, and Kurendhoo MP Abdul Bari Abdulla.

Disciplinary committee Chair Mohamed Shifaz said Moosa had failed to answer summons to answer charges, forcing the committee to levy harsher penalties.

The remaining five MPs have been ordered to issue a public apology as they breached the party’s three-line whip only once.

Shifaz said that if Moosa wished to rejoin the party, he must publicly apologise and gain 50 new members. However, he will not be allowed to contest in any party primary or stand for a leadership position in the next five years.

Moosa – who had announced he would contest the MDP’s presidential primaries in 2018 – is reported to be signing for the ruling Progressive Party of the Maldives (PPM) tomorrow.

Opposition aligned Raajje TV has meanwhile reported that the government has awarded Moosa’s Heavy Load Pvt Ltd three islands for resort development following the termination of an agreement to reclaim land in Hulhumalé.

The five other MPs will be dismissed from any elected or appointed posts within the party and from chair or deputy chair positions in any People’s Majlis committees.

If the MPs breach a whip-line again, they will be suspended from contesting party primaries or leadership positions for five years.

Nazim is to be suspended from participating in National Executive Council or Parliamentary Group votes for three months, while Yamin, Bari, Marzooq, and Naseer are to be suspended for six months.

Nazim is also to be dismissed from party committees for three months, and suspended from contesting party primaries or standing for leadership positions for the next two years.

Yamin, Bari, Marzooq, and Naseer are to be dismissed from party committees for six months, and barred from contesting party primaries or standing for leadership positions for the next three years.

Shifaz said he believes the party must also penalise MP Ibrahim ‘Mavota’ Shareef for submitting amendments to the Judicature Act that resulted in the dismissal of Faiz and Muthasim.

The MDP rejected the proposal immediately and Shareef voted against amending the Judicature Act and the dismissal of the two judges.

Shareef was expelled from the MDP in 2007 for refusing to cooperate with an investigation into allegations of sexual harassment. He went on to join the Dhivehi Rayyithunge Party (DRP) before rejoining the MDP in 2013 when the DRP decided to back Nasheed during November’s presidential polls.

MDP has said the sudden removal of the two Supreme Court Judges is an attempt to stack the judiciary in President Abdulla Yameen’s favour.

Commonwealth groups have described the judges’ removal as unconstitutional, saying it constituted a clear breach of the Commonwealth Principles to which the government of Maldives has subscribed.

“As a result the independence of the judiciary and the Rule of Law have been “severely jeopardised”.

The International Commission of Jurists said the Maldivian parliament and executive “have effectively decapitated the country’s judiciary and trampled on the fundamental principles of the rule of law and separation of powers in a democratic State.”


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Southern atolls sign pact to defend decentralisation

The Maldives’ southernmost atoll councils have signed a joint declaration calling upon the government to protect the country’s decentralised authorities.

Atoll councils from Gaaf Dhaalu, Gaaf Alifu, and Fuvahmulah, joined with Addu City Council to sign the Medheaari Declaration yesterday (December 21).

The pact, which includes measures to secure fiscal autonomy, comes after repeated moves by the central government to remove powers granted to Malé City Council under the 2010 Decentralisation Act.

“What happened in Malé, will it be repeated in the atolls?” asked Addu City Council Mayor Abdulla Sodig.

“We always have the fear that the government will come after Addu City Council after it deals with Malé City Council.”

Representatives of the four councils met in Addu City Hall yesterday to sign the six point declaration, which Sodig described as “historic”.

As part of the arrangement, the councils passed a resolution vowing that all fees collected by local authorities should be deposited in council bank accounts.

Despite provisions in the 2010 act allowing for revenue raising measures, amendments to financial legislation have yet to be introduced, meaning that fees raised by local authorities are still sent to the capital Malé.

The 2014 UNDP Human Development Report has pointed out that harmonising laws remains a key challenge facing the decentralisation transition, as well as suggesting a pressing need to reduce the size of government at all levels.

While the Maldives Inland Revenue Authority has recently established an office in Addu, the city council has refused to allow it to begin operations until it pledges not to interfere with local fee collection.

Sodig explained that Addu City Council does not currently send its local fees to the capital, though the neighbouring atoll councils still do.

The President’s Office has declined to comment on the Medheaari Declaration.

An additional point contained in the document includes sending a letter to to the Majlis saying that any amendments to the Decentralisation Act must be brought in line with the spirit of the country’s decentralisation laws.

Recently proposed amendments to decentralisation – from pro-government MP Riyaz Rasheed – called for a reduced number of local councils and to cut the salaries of all councillors except the council’s president.

At yesterday’s meeting, the councils also agreed to write to all government institutions requesting that they respect the Decentralisation Act and uphold the powers of the constitution, and its specific provisions on local governance.

The removal last week of further lands originally granted to Malé City Council prompted the capital’s mayor to condemn what he called the government’s systematic abrogation of the council’s powers.

“We are now only in charge of facilitating construction in Malé, issuing death and birth certificates and cleaning mosques. But the constitution clearly states the Maldives must be administered through decentralised councils,” said Mayor Mohamed Shihab at the time.

The southern atolls yesterday also pledged to meet annually as well as to sign a joint MoU on February 24, agreeing to work together on socio-economic issues.

The southern atolls have traditionally supported the current opposition Maldivian Democratic Party (MDP) – as is Malé City Council, which has labelled the government’s removal of its authority an attempt to destroy decentralisation.

All of Addu City’s 6 councillors are MDP members, while the party won just over 40 percent of island, atoll, and city council seats nationwide in January’s local elections. The elections commission was unable to provide information on the current distribution of councillors in Fuvahmulah, Gaaf Alifu, and Gaaf Dhaalu at the time of publication.

Previous comments from government officials have suggested that political decentralisation must follow economic development throughout the atolls.

“Land, labour, and capital – the central government and the regional governments are fighting for it as we don’t have enough resources even for the existing government to cover the budget deficits,” Minister of Tourism Ahmed Adeeb has explained.

“I believe when there’s enough economic activity we can give more powers to the councils.”

Analysts have suggested that political wrangling over the implementation of decentralised governance – which included wholesale revisions to the original act proposed by the MDP government – has left the atolls’ populations less empowered than ever.

Addu, Fuvahmulah, and Huvadhoo (containing Gaaf Alif and Gaaf Dhaalu atoll councils) currently contain 14 percent of the Maldives population.

The same three atolls declared independence from the central government in 1959, forming the short-lived United Suvadive Republic before government forces regained control in 1963.


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PPM parliamentary group leader Nihan criticises US for comments on judiciary

Ruling Progressive Party of Maldives (PPM) parliamentary group leader Ahmed Nihan has suggested the United States should look closer to home before passing comment on the Maldives’ judiciary.

While speaking at a ceremony in Gaaf Dhaalu Thinadhoo yesterday, Nihan said the majority of the countries issuing statements on the Maldivian judiciary do so without considering their domestic circumstances.

“They are afraid to talk about their own courthouses and the rights of their citizens. For example America, one of the biggest critics, is at the verge of killing black people on sight,” Haveeru has reported Nihan as saying.

“The countries which remain quiet, even as Israel continues to kill off people in the Middle East, Al-Quddus area – they are pointing their fingers at others,” he continued.

Speaking with Minivan News today, the Villimalé MP has suggested his words had been taken out of context by local media, though he defended them as being based upon facts, defending his right to freedom of expression.

Nihan’s comments appeared to refer to two recent incidents in the US in which individuals died at the hands of police officers, prompting nationwide civil rights protests.

During a visit to the Maldives this week US Assistant Secretary of State for South and Central Asian Affairs Nisha Biswal said that judicial independence is still an issue in the Maldives, despite the young democracy’s accomplishments.

The comments came just days after the removal of two Supreme Court judges by the People’s Majlis, in a move condemned as unconstitutional by both local and international civil society groups, as well as the Maldives’ Civil Court.

Numerous Commonwealth organisations said the move had “severely jeopardised” the independence of the judiciary, while the International Commission of Jurists said the “astonishingly arbitrary” decision had “effectively decapitated the country’s judiciary”.

Nihan told Minivan News today that there was no reason why the Maldives should act upon “planned and political” statements from European countries either.

The government, and President Yameen in particular, has heavily criticised the EU for what it regards as interference in the internal affairs of the country, suggesting it had prompted the Maldives to look increasingly to China as a development partner.

When asked about the impact of his comments on diplomatic relations, Nihan said that he believed that there should be no impact as Maldives has the right to defend itself from its critics in the international arena.

Meanwhile, a PPM press release on Thursday (December 18) had slammed what it termed attempts to bring the Maldives into disrepute by Jumhooree Party (JP) leader Ibrahim Gasim, who suggested that Maldives was facing international censure over the removal of Supreme Court judges.

“We’re giving a bad signal. [We are] talking about comments made about the Maldives looking at statements from America and the commonwealth,” the business tycoon was quoted as saying in local media.

Chief Justice Ahmed Faiz and Justice Muthasim Adnan were removed following the passage of government-sponsored amendments to the Judicature Act, which proposed reducing the number of judges on the apex court from seven to five.

Following ratification of the amendments by President Abdulla Yameen, the Judicial Service Commission (JSC) promptly recommended the dismissal of Faiz and Adnan, which was approved by parliament on December 14 with 53 votes in favour and 21 against.


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Health sector a top priority for 2015, says President Yameen

The 2015 budget will improve health care services in the Maldives, President Abdulla Yameen has said at the inauguration of a new wing of the regional hospital on Raa Atoll Ungoofaaru.

Identifying a lack of adequate health services on all islands as a top grievance, Yameen said his administration will not discriminate between islands or atolls in providing quality health care and will improve the country’s “severely deteriorated health sector”.

According to the 2015 budget, MVR3.4 billion (US$220 million) of the record MVR24.3 billion (US$1.5 billion) budget would be spent on health care. Of this amount, MVR3.1 billion (US$201 million) amounts to recurrent expenditure.

The opposition Maldivian Democratic Party (MDP) has criticised the lack of funds in the 2015 budget for the ruling Progressive Party of the Madlives’ (PPM) main healthcare pledges – the ‘doctor for every family’ and the sea ambulance in every atoll schemes.

The party has also highlighted the reduction of funds for medical care abroad from MVR31.3 million (US$2 million) in 2014 to MVR10.5 million (US$680,000) in 2015. The domestic health care budget was also reduced from MVR9.3 million (US$603,000) in 2014 to MVR6.5 million (US$421,000) in 2015, the party said.

Yameen said the government has now established sea ambulance services in seven atolls and employed a gynecologist in all atoll hospitals except Vaavu Atoll. He praised the availability of unlimited healthcare under the Aasandha national health insurance scheme.

On December 15, Defense Minister and acting health minister Mohamed Nazim met with Chinese People’s Liberation Army’s Special Commissioner Major General Kung Lee to discuss the technical expertise needed to establish sea ambulance services in the Maldives.

Yameen said the government’s priority is to establish a pharmacy through the state wholesaler State Trading Organization (STO) on every island. 57 pharmacies have been established this year alone, the president noted.

“If there is a pharmacy in every atoll, I find it easy to sleep at night. The government will provide the essential medicines. I am assured that citizens would get their required medicine at controlled prices,” Yameen said.

Former Health Minister Dr Mariyam Shakeela has previously highlighted the abundance of of counterfeit pharmaceutical products in the country as a challenge to the health sector.

Yameen last night said the Raa Atoll Regional Hospital, which caters to 15,000 people, will provide similar level of services available in capital Malé,

The hospital now has 12 specialist doctors as well as dentistry and dialysis units, explained Nazim.

President Yameen also criticised MDP’s rejection of the 2015 budget as “irresponsible,” and noted that Raa Atoll Alifushi MP Mohamed Rasheed had voted against the budget despite several development projects budgeted for his constituency.

“I would like to note, the MP rejected the budget despite development projects being budgeted for [the Alifushi] constituency. Citizens must know this,” said Yameen.

The MPs’ rejection of the entire budget is an indication they do not want development for their constituencies, Yameen said.

The MDP rejected the budget after the PPM had failed to back the party’s budget recommendations including allocating MVR100 million (US$6.4 million) and MVR75 million (US$4.8 million) respectively to provide subsidies for fishermen and farmers.

Other proposals included adding persons with disabilities and single parents as categories eligible for government subsidies to the poor and requiring the finance ministry to submit quarterly reports to parliament concerning the implementation of the budget.

The PPM did, however, scrap plans to impose a 10 percent import duty on staple foodstuffs and oil as advocated by opposition party.

Yameen last night said the government has built a harbour, and established complementary solar panel systems and a waste management system on Ungoofaaru this year.

In 2015, the government will establish a rainwater harvesting and storage system, build roads, renovate the football field, construct a sports arena on the island, and establish a new police station on the island, the president added.


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Majlis committee demands details from education ministry over deputy principals’ removal

The Majlis government oversight committee has demanded the ministry of education submit all relevant information regarding the removal of deputy principals from the schools.

Vice-Chair of the committee Maradhoo MP Ibrahim Shareef told local media that the letters demanding information will be sent today, with the ministry being given until tomorrow to submit the information. The committee also decided to summon serving deputy principals to clarify information.

The post of deputy principal has been abolished under a new organisational structure approved by the ministry for public schools. The ministry has said persons currently serving as deputy principals would be transferred to different posts in lieu of dismissal.

State Minister for Education Dr Abdulla Nazeer told state broadcaster Television Maldives last week that the change was intended to strengthen school management.

The decision came as a surprise to the 188 deputy principals in the country, with some telling media they were not previously informed of the decision, expressing shock upon hearing the news.

The opposition Maldivian Democratic Party (MDP) submitted the case to the government oversight committee, stating that the party wants to clarify the reasoning behind the decision and that the government could not dismiss civil servants without due process.

An unnamed deputy principal told Raajje.mv that they were offered two options by the ministry – either take up administrative or other relevant posts or be laid off with three month’s salary paid up front.

State Minister of Education Dr Abdulla Nazeer – while speaking to state television – said that the ministry’s aim was to eradicate the deputy principal level in the organisational structure in order to bring the principals closer to the teachers.

“The majority of the deputy principals are performing administrative level tasks at the school which should be done by administrative officers instead. We want to task the deputy principals with more academic related work,” said Nazeer.

The MDP severely criticised the government for its plans, however, stating that the decision was “inhumane” and “uncivilised”.

Speaking to Minivan News, former Education Minister Dr Musthafa Luthfee said that the government decision lacks any professional reasoning, speculating that it was taken to appoint more political figures to the ministry.

“Right now there are around 12 political figures at the education ministry therefore all the decisions regarding the education are made at a political level. This leads to problems because such decisions should be taken by educated academic professionals instead,” said Luthfee.

He also pointed out that, even though the deputy principals should have been contacted by the civil service commission regarding the issue, some were consulted through mobile phones and at cafes by political figures.

Deputy Minister of Law and Gender Aiminath Nadira said in a tweet that the decision would leave a lot of women in a vulnerable position (most deputy principals are women) and that the government needed to find a good alternative solution.

Luthfee also alleged that a circular was sent to the schools specifying that the chief guests for school-related events should only be brought after consultation with the ministry.

The MDP has also taken issue with the government’s spending plans for the education sector, which includes money for eight new political postings and over 2,000 new staff members.

Despite unrest among teachers this year, education minister Aiminath Shiham has said that the government has brought significant changes to the sector, including introducing Quran classes for the entire primary education and vocational training.

Around 90 percent of the teachers across the nation protested in September 21 by wearing black clothing to raise issues such as poor pay, inadequate  protection of teachers, and the failure to grant the Teachers Association of Maldives (TAM) official recognition.

The government avoided a full on strike at the eleventh hour after sitting down with TAM and creating a timeline in which to meet the demands of teachers.


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Chief justice and police commissioner discuss police obstruction and assault cases

Chief Justice Abdulla Saeed and Commissioner of Police Hussein Waheed met on Thursday and discussed measures to expedite cases involving assault of police officers and obstruction of police duty.

According to a statement by the Maldives Police Services, Saeed pledged to take the necessary steps and said law enforcement officers must receive due protection and security.

Appreciating the service of policemen, Saeed said the nation came first before the individual, and said the Supreme Court bench would not engage in any act that may cause harm to the Maldives.

Waheed said “attacking law enforcement officers is a crime in civilized countries,” and spoke about the need for expediting cases involving attacks on police officers.

Hundreds of individuals were arrested from protests on charges of obstruction of police duty and assault of police officers during the anti-government protests following the controversial transfer of power in February 2012.

An individual found guilty of the offense may be fined up to MVR12,000 (US$778) and/or sentenced to six months in jail.

According to statistics published by the Prosecutor General’s Office, in 2013, 101 individuals were charged with obstruction of police duty. In 2012, 65 individuals were charged with obstruction of police duty and 59 were charged with assaulting a police officer. Figures were not available for 2014.

The police have not published statistics on the number of individuals arrested on these charges.

According to the police statement, Saeed and Waheed also discussed measures to reduce crime rates in the Maldives.

Saeed was appointed as the Chief Justice following the controversial and sudden dismissal of former Chief Justice Ahmed Faiz and Justice Muthasim Adnan after a People’s Majlis amendment to the Judicature Act reducing the seven-member Supreme Court bench to five judges.

Supreme Court Justices Ali Hameed and Dr Ahmed Abdulla Didi and Deputy Commissioners of Police Ahmed Saudhy and Mohamed Sodiq also participated in the meeting.

Meanwhile, Prosecutor General Muhthaz Mushin has requested the police speed up investigation in cases involving arrest from unlawful protests and submit charges for prosecution within 48 hours.


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STO hands over biomedical equipment worth US$900,000 to the health ministry

The State Trading Organisation (STO) has handed over biomedical equipment worth US$900,000 to the health ministry.

Yesterday (December 20) STO Managing Director Adam Azim handed over 1500 pieces of equipment including patient monitors, ECG machines, defibrillators, and vital sign monitors to acting health minister Mohamed Nazim at a ceremony at Nasandhura Palace Hotel.

The shipment is the first in a US$4million venture to provide all necessary equipment to all the hospitals and health centers in the Maldives.

As the STO marks its 50th anniversary this year, the company has expanded its services in the islands, launching an ambitious programme along with the health ministry to provide ambulances and establish pharmacies on every island.

The government intends to establish ambulance services in all 196 inhabited islands by June 2015, Nazim has said. The STO has been commissioned to buy 54 ambulances worth US$2.5 million.

Basic Services

Speaking to the press on the STO’s anniversary yesterday, Azim said the company’s most significant success is that it has consistently provided Maldivian citizens with fuel, staples, and pharmaceuticals.

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

Azim told Haveeru last week that the STO’s US$114 million (MVR1.7 billion) debt was unprecedented, but that US$51 million had been paid off during his tenure as a result of reductions in expenditure. He pledged to pay off the remaining debt within three years.

According to quarterly reports, the STO earned MVR325.6 million in profits in this year’s third quarter from MVR2.1 billion worth of sales after earning MVR64.2 million in the second quarter.

Documents were confiscated from the organisation’s head office late last month, however, with the Anti Corruption Commission alleging illegal payments for advertising.

In September, Azim also launched a programme to increase national spirit among his staff. The STO workday now starts with the national anthem. The national flag is to be hoisted at all STO buildings and now adorns STO uniforms and staff cards.

The company has announced a sale in all of its 13 stores on the occasion of it’s 50th anniversary. A lucky draw with MVR200,000 worth of prizes will also be held.

Pharmaceuticals, construction materials, oil

Under the programme to establish pharmacies on every island, the STO opened up its 48th pharmacy in Kaafu Atoll Guraidhoo last month. Customers will get Aasandha healthcare coverage at all the pharmacies.

Over 1000 pharmacists – or five individuals from each island – will be trained for the newly opened facilities under an agreement with the education ministry, Azim has previously announced.

President Abdulla Yameen, speaking in Haa Alif Horafushi in November, said the new pharmacies would provide medicine at controlled and reduced prices, acknowledging that the move would affect private businesses selling medicine.

Yameen’s comments came in response to a complaint filed by Shaviyani Atoll Council at the People’s Majlis in which councillors said the STO’s pharmacies would shutdown pharmacies run by the island councils in various islands in the atoll.

The councils’ pharmacies had been established through an atoll trust fund and were among the most profitable businesses in the atoll, said the council, arguing that their closure would impact the atoll council’s MVR1.3 million social sector programme.

The Majlis threw out the petition, however, asking councilors to resolve the matter with STO.

The STO decreased oil prices for the second time in response to falling global prices last week. A litre of petrol was reduced by MVR1 and 75 laari was reduced from a litre of diesel.

The Housing Development Corporation has awarded the company with an 800 square foot plot of land near the ferry terminal in Hulhumalé for the establishment of a fuel shed, making Malé rates available to residents from next year.

The STO closed the popular Al-Fresco café at the STO Trade Center in early November to expand its supermarket, while the company also held a career guidance fair for youth in mid-November to increase awareness of opportunities available at the STO and its subsidiary companies.

In September, an agreement was signed with Maldives Association of Construction Industries to provide cut-price construction material for government projects in an attempt to restart stalled work.


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PPM accuses JP of misleading public, bringing government into disrepute

The Progressive Party of Maldives (PPM) has slammed alleged attempts by the Jumhooree Party (JP) to deceive the public and bring the government into disrepute.

In a press release on Thursday (December 18), the ruling party condemned “completely unfounded and false” public remarks from the estranged coalition partner after JP Leader Gasim Ibrahim suggested the Maldives was facing international censure over the removal of Chief Justice Ahmed Faiz Hussain and Justice Muthasim Adnan from the Supreme Court bench.

International condemnation of the move was a “red light” for foreign investors, Gasim contended at a ceremony last week to mark the signing of Independent MP Muaz Mohamed Rasheed to the JP.

“We’re giving a bad signal. [We are] talking about comments made about the Maldives looking at the statements from America and the Commonwealth,” the business tycoon was quoted as saying in local media.

While the International Commission of Jurists (ICJ) described the dismissal of the justices as “astonishingly arbitrary,” the Commonwealth Legal Education Association (CLEA) and the Commonwealth Magistrates’ and Judges’ Association (CMJA) in a statement on Tuesday called it unconstitutional and a clear breach of the Commonwealth Principles.

“The superficial legislative and administrative manoeuvres used to get rid of them [the judges] were grossly unfair and in flagrant violation of the Maldivian Constitution, UN and Commonwealth standards on independence of the judiciary, and the obligations of the Maldives under international law,” read the ICJ statement.

The pair were removed following the passage of government-sponsored amendments to the Judicature Act, which proposed reducing the number of judges on the apex court from seven to five.

Following ratification of the amendments by President Abdulla Yameen, the Judicial Service Commission (JSC) promptly recommended the dismissal of Faiz and Adnan, which was approved by parliament last Sunday with 53 votes in favour and 21 against.

The PPM statement meanwhile argued that weakened international relations have been repaired through the efforts of the current administration.

A number of friendly nations offered assistance during the recent water supply crisis in the capital, the party noted, while the government has launched major development projects in collaboration with foreign partners in recent months.

Foreign investors were presently carrying out projects in the country while expressing interest in further projects, the statement added.

Meanwhile, speaking to the press last week, Gasim also denied making a deal with the PPM to allow a free whip for the JP’s 12 MPs to vote as they saw fit in the removal of the Supreme Court justices.

While five out of 12 JP MPs voted to dismiss the pair, Gasim himself voted against the move.

However, PPM Deputy Leader Ahmed Adeeb had thanked Gasim on social media for “letting JP MPs vote as agreed for free whip today.”

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ICJ says Majlis has “decapitated the country’s judiciary”

The International Commission of Jurists (ICJ) has called this week’s removal of two Supreme Court judges an assault on the independence of the judiciary.

“The Maldivian parliament and executive have effectively decapitated the country’s judiciary and trampled on the fundamental principles of the rule of law and separation of powers in a democratic State,” said Sam Zarifi, ICJ’s Director for Asia and the Pacific.

Zarifi went on to call for the reinstatement of Chief Justice Ahmed Faiz and Justice Muthasim Adnan, labelling their removal by the People’s Majlis “astonishingly arbitrary”.

The two judges were removed following amendments to the Judicature Act passed last week, requiring a reduction of judges on the Supreme Court bench from seven to five.

After the Majlis approved the changes, the Judicial Services Commission (JSC) recommended the following day (December 11) that Faiz and Adnan be removed. The reasons for the decision have yet to be made known to either the public or the Majlis, which nevertheless voted to remove the judges on Sunday (December 14).

Article 154 of the 2008 Constitution says a judge can only be removed if the JSC finds them guilty of gross incompetence or misconduct.

Established in 1952, the ICJ is formed of 60 judges from around the world who utilise their legal expertise to develop and strengthen national and international justice systems.

“The superficial legislative and administrative maneuvers used to get rid of them [the judges] were grossly unfair and in flagrant violation of the Maldivian Constitution, UN and Commonwealth standards on independence of the judiciary, and the obligations of the Maldives under international law,” read today’s ICJ statement.

Both the Civil Court and private lawyers have unsuccessfully attempted to block the judges’ removal, with the Civil Court saying that the “unconstitutional” decision had the potential to “destroy judicial independence” in the Maldives.

While the Supreme Court ordered that the Civil Court hand over any files related to the opposition Maldivian Democratic Party’s complaint, the High Court has told private lawyers that it does not have the jurisdiction to rule on the matter.

Meanwhile, Commonwealth institutions have released a statement saying that judicial independence and the rule of law had been “severely jeopardised” by the decision.

Locally, the Maldivian Democracy Network has called the decision “a travesty in the guise of upholding the Constitution”, while Transparency Maldives also expressed concern:

“The impartiality and independence of the Supreme Court is not solely decided by the number of Supreme Court Justices but rather by the upholding of judicial integrity and principles,” said the anti-corruption NGO.

Immediately following his dismissal, Faiz – previously a stern critic of international commentators on judicial reform – said the move raises doubts over the separation of powers and the continuation of judicial independence in the Maldives.

“Today will be written down as a black day in the constitutional history of the Maldives. I state this is a black day for the constitution. Taking such a vote against the constitution is, I believe, disrespectful to the constitution,” he told local media.

The ruling coalition maintains the amendments – which include the breaking up of the High Court into regional bodies – will strengthen the judiciary and facilitate judicial reform.


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