Parliament on Tuesday voted out President of the Civil Service Commission (CSC) Mohamed Fahmy on charges of sexual harassment against an employee.
The 70 members who partook in the vote were split 38 for removing Fahmy, 32 against and 2 abstentions.
The parliament debated on the report on the case submitted by the Committee on Independent Institutions prior to the vote.
Chair of the Committee, Independent MP Mohamed Nasheed, said that in addition Fahmy himself and the employee who had submitted the complaint Aminath Shahma, other members of the CSC and staff members had been questioned by the committee.
Nasheed said that other staff members, including Fahmy’s personal secretary, had made statements which backed Shahma’s allegations, while Fahmy’s defense had nothing to support it. He added that the committee had asked both Fahmy and Shahma if they were willing to repeat their statements under oath, to which Shahma had agreed while Fahmy refused to respond.
After much debate by MPs with opposing views on the parliament floor, Nasheed responded saying the the Committee on Independent Institutions had oversight mandate over the CSC, and that it did not need to conduct a criminal investigation to remove Fahmy from his post.
“What we applied are widely accepted civil standards. Based on our findings, 7 out of the 10 committee members decided that it was more likely that Fahmy had committed this act than that he did not. And that is enough to remove him from his post,” Nasheed said.
He added that this had no relation to Fahmy’s role in the Judicial Services Commission (JSC) – of which the CSC president is by default a member. He also clarified that unlike the claims of some MPs who had spoken in Fahmy’s defense, the Prosecutor General’s office had not sent the case back to the police but rather had asked for additional clarifications.
Workplace harassment: a common problem for women
Many MPs, including independent, Maldivian Democratic Party (MDP) and Dhivehi Rayyithunge Party (DRP) MPs, spoke in favour of removing Fahmy from his post.
DRP MP Rozaina Adam, MDP MPs Eva Abdulla and Mariya Ahmed Didi spoke of workplace harassment being a common issue faced by Maldivian women.
Although MP Visam Ali stated that the matter needed further investigation and submitted an amendment asking for parliament to postpone Fahmy’s dismissal until the authorities looked into the matter more deeply, Rozaina stated that the parliament was not mandated to run a criminal investigation and that it should remove Fahmy as he was believed to have committed an act unacceptable from a man in his position.
“Honour is not something we get just by addressing each other as ‘Honourable MP’, as stipulated by the regulations. We need to prove to our constituents that we work in their interest,” Eva Abdulla said.
“Even the former Auditor General was removed because this parliament through its findings believed him unfit for his post. It was not done after a police investigation.”
“In the JSC, Fahmy actually voted in a way that benefited [the MDP], by voting that the Hulhumale’ Magistrate Court is illegal. The MDP will work with principles and not a political mindset,” Ali Waheed said.
“Shahuma stood up and shared this issue with a lot of courage. We cannot turn our backs on this,” he went on, “And this HRCM report – They say they can neither prove whether he has or has not done anything. What have they found? What’s the point of releasing this one day before the vote?”
Removing Fahmy may lead to more allegations
Members of the Progressive Party of Maldives (PPM) mainly spoke in defense of Fahmy, alleging that this could “possibly be a politically-motivated allegation”.
Most of them stated that since a criminal investigation was involved it was better to let the police and courts come to a decision on the matter before the parliament voted on removing him.
PPM MP Shifaq Mufeed said, “Let’s not turn this parliament into an investigative body”, adding that the police were more qualified to run a professional investigation.
“We might be faced with an unrecoverable loss if we remove Fahmy, as he is a member of both the CSC and the JSC. If we remove Fahmy, there may come planned false allegations against other members of independent commission,” he said.
“To Shahuma, I have to say: ‘be patient, madam’. Let the police investigate. We are not going to incriminate Fahmy and take Shahuma’s side, nor are we going to incriminate Shahuma and take Fahmy’s side.”
Adhaalath party member and MP Ibrahim Muthalib also spoke against removing Fahmy in parliament today.
“If we are to make our women nude and exposed, and then send them out to mingle with men, then why speak of protecting them? Honourable Speaker, this cannot be done in this manner. If a man and a woman are in a room alone, Satan will be there as the third person and will encourage sinful activities,” Muthalib said.
“Their place is in their houses, to serve their husbands and look after children. If we give them the opportunity to go out and mingle then we can no longer talk about their dignity and protection. It is people who harass women who are now speaking in their defense here today,” he further added.
Cannot confirm whether or not the harassment happened: HRCM
Meanwhile on Monday, a day ahead of the vote against Fahmy in parliament, the Human Rights Commission of the Maldives (HRCM) released a report on the case.
HRCM claimed that they had not received enough evidence to prove whether or not Fahmy had harassed the employee.
The report further said that although Fahmy had sent a text to Shahuma with an apology, it was unclear what the apology had been meant for.
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Shame on you MP Visam, and thank you MP Nasheed!
The decision to remove Mr. Mohamed Fahmy Hassan from post was made pursuant to Article 187 of the Constitution.
187. A member of the Civil Service Commission shall be removed from office only for the reasons specified in article (a), and in the manner specified in article (b): (a) on the ground of misconduct, incapacity or incompetence; and
(b) a finding to that effect by a committee of the People’s Majlis pursuant to article (a), and upon the approval of such finding by the People’s Majlis by a majority of those present and voting, calling for the member’s removal from office, such member shall be deemed removed from office.
If a horse is allowed to leave its stable without the supervision of its owner and wander off into the forest, and it is sunsequently eaten by a wolf, can the wolf be blamed for eating it, or does the fault lie with its owner?
Verily Abdul Muttalib speaks the truth. MalDeviant men have failed to protect the dignity and chastity of our women, all of whom are without exception predisposed to harlotry anyway, by letting them out of the home where they belong.
*Abdulla Muttalib
Fares Maadhoda Member of Parliament once again made him-self an ass. I pity the people who have elected him.
@Hanguraama,
So you are basically saying if a man rapes a woman its the womans fault? What about in the commands in the quran for men to lower their gaze and to guard their modesty?
Yes, women dressing in scantily clad clothing will attract unwanted attention, but it gives men no right to touch.. the minute the man touches a woman, He has sinned
This was legally done.
However it sets a bad precedent. There should be stricter measures to protect officials from baseless and politically motivated allegations.
It is very easy to defame a person in these politicized times. However high-ranking officials should be given protection from those allegations which can be proven false.
However it is accepted practice abroad as well for persons of high-rank to resign from their posts following loss of public confidence due to a widely held perception of guilt.
Perhaps the parties who defended the CSC Chair are right in pointing out that there was no widely held belief that he is guilty as charged. Yet once again we come to an impasse when defending him amounts to arguing against women's rights.
A difficult situation and perhaps Parliament has made the right choice. Yet we must anticipate a future where similar accusations and allegations might be leveled. What we can learn from incident is that the climate we lived in has changed. Certain traditional attitudes might need to be replaced with greater care in dealing with others. Who knows where a potential lawsuit might be lurking.
No official elected or otherwise should be allowed to remain in their post if they are found guilty of sexual misconduct or harassment. Also, officials, in the future should refrain from making comments and gestures that might be considered inappropriate in today's changed climate.
If a high profile public figure is accused of abuse of women with credible evidence, those moron who are against his removal will by default not fit to be representatives of people. But In Corals Republic with Islamic mindset the dirty you are you gets more eligibility to be representatives for these Moronic People.
Now you have to evaluate the moral ground of this Zombie parliament, almost half the Malis support abusing women and have no regret to have such opinion even in public.
You can definitely have no argument about this rubbish licking fishermen are most uncivilized people on the face earth.
@tsk
You have stated the other way round. High ranking or public figures *are* held to higher moral values that the average citizen. It is inherent in their high ranking state posts.
And hence, they can be removed by respective oversight body on civil grounds, not investigative or criminal grounds.
However, it remains to be seen how mature the voting population has become in lieu of these or other developments. Lets hope the populace can shed the "lambs to the slaughter" image.
Good riddance. No one is going to miss this chap!
I wish I was there to answer Muthalib as I would have certainly pointed out to him where HIS Satan lived, i.e. somewhere on his person which I don't wish to explore further on a public forum. Isn't there a shortage of human resources in Waziristan? I encourage the Maldivian government to forward Muthalib to that territory.
Other than that, Majlis, for once earned their keep! In a climate where the Police and Judiciary have consistently failed, it's good to see that some common sense have at last prevailed.
At last the country is coming to it's senses. You cannot have a half baked plan and expect it to work flawlessly. Arrange Islamic methods for the workplace and you will not have the dilemma the west is unable to cope with right now. Make the better choice! Save women from this torture.
Good riddance! It's a good precedence. @Tsk tsk there's nothing politically motivated as far as I can tell. Even as I write this I don't know what fahmys political affiliation is and I would speak out against him regardless. Morality and conscience precedes politics.
@Damn
It is both their faults but mostly the woman’s. This is why women must be held to a higher standard and punished more often and more severely.
In any event, the onus of being virtuous is of a far greater importance for a woman than it is for a man. This is apparent upon reflecting on the following, very simple, yet logical, consideration: virtuous offspring are a result of virtuous wombs.
Veritably this also describes why it is utmostly imperative that a woman stays in her home; and why one is no worse a husband or father for keeping one’s wife or daughter in her proper station, than one is a bad equestrian for keeping one’s horse in its stable.
Thus, as a man of honor, and as a man of wisdom, I stand by my words. A cherished creature should not be exposed as prey for wolves or unrelated, lascivious men. In doing so, we fail to protect it.
With people like Mutt-talib around, you don't need missionaries from other religions to get the Maldivian youth to give up Islam.
He probably is preaching the religion he knows and want the people to accept it, but in the process he's also making people understand how stupid it really is.
So well done Mr. Mutt. You are a true Laadheenee.
@hanguraama
Yes, but One of the largely ignored faults in society is, men not being held accountable for their crimes against women.
A man being perverted is his business, and should keep his hands to himself,
Its like saying its a rich persons fault if someone steals from him because he doesnt keep a lock on his safe. The thief shouldnt Steal to begin with, he has no right to touch
@dhivehi Hanguraama, so basically what you are saying is that a women is a horse. I guess you will have ties up your wife to a stable in your own home to keep her from going out right? nice. How much is one of these stables? I need one for my horse/s
I see the point of analogy is lost on you Bullyrag. I did not say that women ARE horses; merely that they can be compared to horses.
An unaccompanied horse wandering afar from its stable is a vulnerable creature; as is a woman who strays from her home and into the public.
As a compassionate human being who cares for the safety and dignity of our women, I believe we are inflicting a most profound cruelty upon the fairer gender by vesting upon them excessive freedoms, and responsibilities that their frail minds and bodies cannot bear. This is contrary to the d'een of Allah (swt), and this foolishness must come to an end immediately!
@hanguraama, hey no response?
I want a whip for my horse ! And a girdle ! And some horse-shoes ! incidentally, can i whip my horse and not get sued for sexual assault ?
Hey hanguraama, Do you have a mother, a sister or a daughter? Are the comparable to horses too?
(if the women are horses you are a piece of crap,)
Fail to understand why the girl should complain. When they walk around in the skimpiest of clothing, setting off those curves, the sole purpose of which is to draw man's attention and set his mind aflame and when they succeed they should not cry foul. In this particular case a girl may be inclined to do just that because that man in the picture is an abomination no sane girl would wish to have an association with. Now that she has already won half her case she should proceed to press criminal charges and sue the guy for every cent he has. Its likely the guy will have a lot of cash stashed away. Most senior government officials are masters at skimming public funds. An out of court settlement should net a tidy sum. No one will consider it a travesty of justice.
Wish someone will pull this kind of stunt/coup on BMW. She or he will become an instant national hero.
"If a man and a woman are in a room alone, Satan will be there as the third person and will encourage sinful activities,” if this is the mindset of our parliamentarians than this country has gone to the dogs! Wonder what next....Kill all the 'unbelievers'?
This violates the basic principles of justice. A person, when accused for political or monetary gain by others, shall have the Universal Declared Right of self defense against defamation. Fahmy was not given this right even by the media, which should know better. However, even the media in the Maldives is so polarized as to play the same game the political plutocracy is playing. God help us before we become a full banana republic!
@ maves, we are a banana republic
@Maves on Wed, 21st Nov 2012 3:45 PM
"This violates the basic principles of justice. A person, when accused for political or monetary gain by others, shall have the Universal Declared Right of self defense against defamation. "
I'm afraid you're very confused. There are certain institutions that are answerable to Majlis and whose members are chosen by Majlis. As such, Majlis have the final say in the suitablility (or not) of those elected officials.
There are precedents to this case. Auditor General Naeem is a prime example; he was kicked out for "stealing" money to buy a tie (as I recall)! He was never the subject of a Court case or I'm not aware of a criminal sentence ever having been passed on him.
The case of cabinet ministers is another example. The Majlis has to have grounds to believe that a person is unsuitable for their job and that's the end of the story. It's the way our politicians designed it. No doubt, this was designed to favour the party who had a majority in Majlis at the time. Now, crying foul over that is moronic!
It is pretty clear. This is God's will. There's no reason to take sides or blame anyone.
This @hanguraama belongs in a different century. Unbelievable.
Human rights of Maldives is acting as a private and independent criminal investigating firm
" by vesting upon them excessive freedoms, and responsibilities their frail minds and bodies cannot bear..... Are you for real? You stupid wanker
If anyone needs to be held for sexual harassment, then its him....we all, the entire country know this bugger always like to play around with women...
but thats not right yeah! i shouldnt say things that i dont have proof of... but then when maumoon boobed a girl in the privacy of his office, nobody found evidence and the whole population called the woman "a lier" (except for few screw loose pple like us)
and now the mothalib man is asking to excuse him....wonder if they will make regulations for satan bcz he just keeps getting to the heads of innocent members and ministers.
i now him very well when he was in my island he was headmaster he mad baby with out marriage