Azima appointed special advisor to President Waheed

Less than one week after being removed from her position as Attorney General, Azima Shukoor has been appointed as Special Advisor to President Dr Mohamed Waheed.

The Maldivian Democratic Party had filed a no-confidence motion against Azima, arguing that she had demeaned the constitution, parliamentary powers and the integrity of the Attorney General’s post by advocating against the Elections Commission in September’s vote annulment case.

The appointment comes despite President Waheed’s term being constitutionally scheduled to end in just seven days. Whilst the Supreme Court has suggested he could legally continue in his role until a replacement is selected, the Majlis passed a motion last week providing for the speaker of the house to take over during any interim period.

Waheed himself has said that he does not wish to stay in office past the November 11 deadline. The re-scheduled election is due to take place this Saturday (November 9).

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Dismissed Attorney General “not a team player,” says PPM MP Mahloof

Attorney General Azima Shukoor dismissed by parliament in a no-confidence vote yesterday (October 29) was “not a team player,” Progressive Party of Maldives (PPM) MP Ahmed Mahloof told local media yesterday.

“Azima is not a team player, she prioritises her own interests over the interests of the team. The letter sent to the parliament regarding the procedure to be followed if a president is not elected by 11 November, was also based on her own advice. The matter was not discussed,” Mahloof told Sun Online.

The no-confidence motion submitted by the opposition Maldivian Democratic Party (MDP) was passed with 41 votes in favour and five against. The MDP’s 33 MPs were joined by MPs of the Dhivehi Rayyithunge Party and Independent MP for Raa Dhuvafaru Mohamed Zubair.

MP Mahloof was the only PPM MP who participated in the vote while MPs of the government-aligned Jumhooree Party along with Independent MP Mohamed ‘Kutti’ Nasheed voted against the motion.

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AG slams former government over foreign investment “damage” from alleged lack of financial research

Attorney General Azima Shukoor has accused the previous government of failing to conduct sufficient research before signing several major foreign investment projects, that had now been terminated by the present administration.

Azima was quoted by private broadcaster Villa Televison (VTV) (Dhivehi) as claiming that unspecified “economic damage” currently faced by the state had resulted from a lack of economic and legal research by the administration of former President Mohamed Nasheed.

She was quoted in local media arguing that “damages” to the state had resulted from a number of foreign investment projects signed by Nasheed’s administration, including the US$511 million concession agreement signed with GMR to build and manage a new terminal at Ibrahim Nasir International Airport. Azima also raised over another deal with Malaysia-based Nexbis to manage and operate a border control system in the country.

Both agreements have since been terminated by the administration of President Dr Mohamed Waheed, with the Maldives facing a US$1.4 billion compensation claim from GMR after its contract was suddenly declared void in November. The company was then given a seven day notice period to leave before being evicted by authorities.

Nexbis was last week given 14 days to vacate by the government, which likewise terminated its concession agreement with the company.

However immigration officials last week questioned whether  replacement technology was ready to be implemented, in place of the Nexbis system.

Former government response

Responding today to the attorney general’s criticisms, Mahmood Razee, former economic development minister during the Nasheed administration, stressed that the former government had engaged with the World Bank’s International Finance Corporation (IFC) before moving ahead with the airport privatisation program.

As such, he rejected accusations that no research had been conducted before undertaking such a high profile project.

“Clearly this was not a stab in the dark,” Razee said of the deal. “[The World Bank engagement] determined how best to proceed with the airport development for the benefit of the government and the people. After looking at the revenue streams, it was concluded that it was best to move forward with the public private partnership.”

He claimed that aside from potential financial benefits of agreeing the deal, the consortium consisting of GMR and Malaysia Airports Holdings Berhard (MAHB) had been picked based on the companies’ experience in managing other airport projects.

With the deal now terminated, Razee added that it remained critical to secure development at the airport as soon as possible, claiming the current facilities at INIA did not meet the required standards.

Waheed’s government last year accused the IFC itself of negligence during the bidding process for the development of INIA, charges the World Bank rejected at the time.

By June this year, the Maldives’ Anti-Corruption Commission (ACC) ruled out corruptionin the awarding of a concession agreement in June 2010 to the GMR/MAHB consortium. The government meanwhile continues to insist the sudden termination of the contract was in the national interest.

“Cause and effect”

Former Economic Development Minister Razee said the Maldives would remain reliant on development funding for future development projects, which would cost hundreds of millions of dollars out of reach of the government.

With the country now lacking sufficient rating to obtain credit commercially, Razee argued that development funds remained the only means for a country like the Maldives to secure sizeable finance.

The present government’s decision to cancel two major foreign investments would have a “cause and effect”, he suggested.

Should the MDP be elected to power in the presidential election scheduled for next month, the party would have to consider returning to negotiations with GMR in a bid to avoid huge financial fallout from arbitration proceedings now being conducted in Singapore.

He claimed that the cooperation of international bodies such as the World Bank in securing the GMR deal would likely to be sought in other high-profile investment projects sought under an MDP government.

Economic problems

The Maldives National Chamber of Commerce and Industries (MNCCI) meanwhile last month accused senior politicians under successive governments of trivialising the severity of the country’s economic problems.

MNCCI Vice President Ishmael Asif claimed parties were addressing financial concerns and issues impacting foreign investment with negative slogans rather than actual policies in the run up to September’s election.

While accepting the present “bad shape” of the Maldives economy, the chamber of commerce was particularly critical of what it called negative economic campaigning by senior figures in the last two governments – arguing they had done little to address an ongoing shortage of US dollars and a lack of investment banking opportunities and arbitration legislation in the country.

Asif’s comments were made in response to claims by the government-aligned Progressive Party of Maldives (PPM) that foreign investors were now turning away from the Maldives due to concerns about political stability and safety in the country.

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Parliament approves Azima Shukoor as Attorney General

Attorney General Azima Shukoor has had her appointment approved by parliament 38 votes in favour to 31 against.

Shukoor, who formerly acted as lawyer for former President Maumoon Abdul Gayoom, was initially appointed Attorney General by President Mohamed Waheed when he came to power in February 2012.

She was later reassigned to the Ministry of Family, Gender and Human Rights, however her appointment to this role was narrowly rejected by parliament.

President Waheed subsequently appointed her to her former position as Attorney General.

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ACC defends report on airport privatisation deal as Sheikh Imran insinuates bribery from GMR

The Anti-Corruption Commission (ACC) has issued a press statement defending its investigative report of the airport privatisation deal signed by the previous government, harshly condemning “false and misleading” remarks by politicians of government-aligned parties.

On June 17, the ACC released a 61-page investigative report concluding that there was no corruption in the awarding of a concession agreement to a consortium of Indian infrastructure giant GMR and Malaysia Airports Holdings Berhad (MAHB) to develop and manage the Ibrahim Nasir International Airport (INIA).

The report was met with strong criticism and bribery allegations from parties in the government coalition.

Insisting that the government’s stand would not change as a result of the ACC findings, President’s Office Spokesperson Masood Imad told the Press Trust of India (PTI) that “if there is a reasonable cause of doubt, this report can be contested by some parties.’

“Many people say here that the ACC Board is not an unbiased organisation. They say it is politically motivated,” he was quoted as saying.

Religious conservative Adhaalath Party President Sheikh Imran meanwhile described the report as “a slap in the people’s face” while President Dr Mohamed Waheed’s Gaumee Inthihaad Party (GIP) Spokesperson Abbas Adil Riza accused ACC members of corruption.

In an appearance on pro-government private broadcaster DhiTV last night (June 23), Imran insinuated that ACC members accepted bribes from GMR offered through former Indian High Commissioner D M Mulay.

The ACC report was “a highly unprofessional, semi-technical and procedural review” that did not amount to either a proper investigation or an audit, Imran said, calling for “a full-fledged investigation.”

In November 2012, the current administration abruptly terminated the US$500 million contract with the GMR-led consortium, declared the concession agreement ‘void ab initio’ (invalid from the outset), and gave GMR seven days’ notice to leave the country.

The decision followed weeks of protest by a self-titled “National Movement” spearheaded by Sheikh Imran and senior government officials – born out of the unofficial December 23 coalition of eight political parties and an alliance of NGOs that rallied at a mass gathering to “defend Islam” in late 2011 – calling on the government to “reclaim” and nationalise the airport.

Last Friday, GMR filed a claim for US$1.4 billion in compensation from the Maldives at ongoing arbitration proceedings in Singapore over “wrongful termination” of the contract.

Meanwhile, former Attorney General Azima Shukoor, who headed the cabinet committee that advised termination of the contract, contended on DhiTV last week that the ACC report was “incomplete” as the commission had overlooked several key factors.

“Did they omit the factors deliberately or unknowingly or simply just overlooked them? But a lot of factors have been overlooked and omitted from the report. The state will suffer great losses because of it. Especially when the country is tied up in a judicial case,” she was quoted as saying by newspaper Haveeru.

ACC response

ACCIn its press release on Thursday (June 19), the ACC stated that its investigation was “not based on what politicians say at podiums and in the media.”

“Instead, the case was investigated based on relevant information collected for the investigation, documents and statements taken after questioning those involved in the case,” the ACC said, denying the allegations of undue influence on its members or staff.

The ACC statement added that the commission in concluding investigations adhered to article 25 of the Anti-Corruption Commission Act of 2008, and did not reach its conclusions “after considering the wishes of a particular politician.”

The commission noted that it had not responded to any political rhetoric targeting the ACC in the past, adding that all corruption investigations followed criminal justice procedures, the ACC Act and regulations under the law.

The statement explained that article 25(a)(2) of the Act required the commission to submit cases for prosecution if sufficient evidence to secure a conviction was gathered.

In the absence of evidence to prove corrupt dealings, article 25(a)(1) of the Act stipulates that the commission must declare that the case does not involve corruption.

The report made public last week contained information collected for the investigation, observations and the reasoning for reaching the conclusion “without any omissions or additions,” the ACC added.

“This is the first time that an investigative report of a case investigated by the commission has been made public like this,” the statement continued. “It was released that way to provide details of the case to the public as transparently as possible.”

The ACC further noted that in December 2012 the commission submitted a case to the Prosecutor General’s Office (PGO) requesting criminal prosecution over the previous government’s decision to deduct a court-blocked Airport Development Charge (ADC) from concession fees owed to the state.

The ACC asked the PGO to seek reimbursement of MVR 353.8 million (US$22.9 million) from former MACL Chair Ibrahim ‘Bandhu’ Saleem and former Finance Minister Mohamed Shihab over the alleged misuse of authority the commission contended had led to significant financial losses for the state.

Bribery allegations

Responding to remarks in local media last week by an unnamed ACC member alleging that Imran attempted to influence the outcome of the investigation, the Adhaalath Party President admitted on DhiTV last night that he met commission members while the “National Movement” protests were ongoing.

Imran said he met ACC members after learning of efforts by GMR to bribe politicians through the former Indian High Commissioner Mulay.

Mulay also requested meetings with Imran himself on numerous occasions “through some of our ministers and even by directly calling our office,” he claimed.

Upon hearing of meetings between Mulay and ACC members, Imran said the leaders of the “National Movement” met commission members to “advise against accepting bribes.”

“[ACC members] said, ‘how can we go near that? we have sworn an oath,'” Imran said.

He claimed the ACC members told him that “the roots go deep” in the GMR deal and that former President Nasheed “completed the deal in Singapore.”

ACC members informed Imran that bribes from GMR was deposited to bank accounts in countries near Singapore, he claimed, while the commission members provided assurances that “everything would be made clear” once the investigative report was made public.

Imran said he would reveal further details of the “National Movement’s” meeting with ACC members if the commission responded to the allegations.

“In any case, we were working to liberate the airport on behalf of religion and the nation,” he said, adding that the government eventually decided to terminate the agreement without waiting for the ACC report.

As a result of pressure from the protests, he continued, the government was convinced it was not in the national interest to persist with the contract.

Imran also insinuated that the ACC would receive a portion of the US$1.4 billion compensation figure claimed by GMR.

State Minister for Home Affairs Abdulla Mohamed, who was part of the protests against GMR, meanwhile argued that the ACC releasing its report a few days before an arbitration hearing could not be “a coincidence.”

“Do we really have to comply with a court order from a Singaporean court?” he asked.

He contended that the Maldivian government would not have to compensate GMR despite a decision in favour of the consortium at the ongoing arbitration proceedings.

“Also, we can appeal such a judgment in Maldivian courts, can’t we? That’s not prohibited by Maldivian law. There’s no obstacle to that. So this is not something that the public should be concerned about at all,” he said.

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Maldives facing widespread child prostitution, sexual abuse: clinical psychologist

Additional reporting by Ahmed Naish

Child prostitution in Laamu Atoll has become so “common” the underage victims of such crimes consider it “normal”, a private clinical psychologist has revealed to Minivan News.

The practice, believed by multiple sources interviewed by Minivan News to be prevalent across the Maldives, ranges from male benefactors grooming children with ‘gifts’ to parents actively selling the sexual services of their children – some as young as 12.

Acknowledgement of “systemic” child sexual abuse in the Maldives, particularly prostitution, remains highly taboo, with few government institutions willing to confront the problem.

Minister of Gender, Family and Human Rights Azima Shukoor made the first official acknowledgement of the practice in a statement to mark Children’s Day on May 10.

“The abuse of children is on the rise. Children being used as sex workers, where the children are sent to places as a means to pleasure people and to gain an income from such a trade. This is being practiced in the Maldives today. Both boys and girls are being used in this trade,” she stated.

Consultant Clinical Psychologist Maldives Institute for Psychological Services, Training & Research (MIPSTAR), Dr Aishath Ali Naaz, conducts psychological profiling of sexual abuse victims, as well as preventative awareness workshops, and recently completed a study focusing on Laamu Atoll.

She explained that child prostitution has become so common among minors that it is considered a normal activity, with victims even boasting about their sexual exploits at school.

“When many people do something it’s not [considered] wrong anymore. In some atolls I’ve seen this, especially in Laamu Atoll. It’s not accepted by the whole population but [it is] among the young people,” she told Minivan News.

“The children say in class ‘So you do it, you do it too, and so on, so what’s the big deal?’” Dr Naaz explained. “Some children have accepted this as something normal and as a way of life.”

Child prostitution is considered a type of sexual abuse because victims are minors under 18 years-old.

“It’s not just incest, which is happening, because in my practice I have come across cases of close relatives [who] have pushed children into prostitution,” Dr Naaz said. “Children as young as 12 or 13 years-old have been forced to partake in sexual activities,” explained Dr Naaz.

“This is sexual abuse, but people are not aware that there is sometimes monetary gain for somebody,” she added.

“Child prostitution is happening in a very subtle way. Most of the time there is an adult who is pushing the child; it may be a parent or a relative who is pimping the child,” said Dr Naaz.

Hidden in plain sight

Two cases of child prostitution in Laamu Atoll have been reported to police so far in 2012, a police source familiar with the incidents told Minivan News, on condition of anonymity.

The cases were “isolated, very difficult to [investigate]”, and there did not appear to be gang involvement or organised child prostitution ‘rings’, the source explained. The victims of child prostitution in the atoll were “typically 16 or 17 years-old”.

An island council official in Laamu Atoll told Minivan News child prostitution was resorted to by the “poorest of the poor” as a means to earn money to “fulfill basic needs of living.”

Child sexual abuse and incest occurring within some families has led to the practice being passed down through multiple generations, a civil society source researching the matter explained to Minivan News.

This history of sexual abuse has been exacerbated by overcrowding in homes following relocations after the 2004 tsunami, which in combination with severe economic hardship has led to the exploitation of children via prostitution.

During a visit to Laamu Atoll, Minivan News spoke to 51 year-old former atoll chief Abdul Wahhab Abdulla about the practice in the atoll.

Wahhab served as island chief of Gan for 25 years, atoll chief from 2008 to 2010, and was director general at the national administrative office of the South Central Province from 2011 to March 2012. He was subsequently demoted to island council director after March 2012.

Reported cases of child prostitution in the atoll were “very rare”, Wahhab said, “perhaps one case a year.”

There have been cases of middle aged or elderly men providing financial support to young girls for basic necessities “and then taking advantage of the position [of benefactor],” he explained.

“It is less child prostitution than sexual abuse,” he  continued. “I think it started after the tsunami after affected people from Mundhoo and Kalaidhoo [islands] migrated here.”

There were about four such cases of sexual abuse reported a year, he said.

In the past, Wahhab explained, island communities were smaller and people knew each other very well, making it difficult to hide crimes such as prostitution.

Reported cases typically involved low income families “with four or five children”, he said, with adolescent girls aged 16-17 often targeted.

“The children have basic needs that are not being fulfilled, so the elderly man will first gain the child’s trust with small gifts,” he explained.

“At that point he becomes her benefactor. Then he gets closer and tries to take advantage of the girl. And the girl does not have the capacity or courage to resist,” he said.

The gender department and police child and family protection services had attended to reported cases promptly, he added.

Atoll sex behaviour survey suppressed

In 2010, the gender department conducted a biological behaviour survey in Laamu Atoll focusing on child sexual abuse, homosexuality and drug use, explained the former atoll chief.

The results of the survey – which were never made public – suggested that the incidence of child abuse and homosexuality were much higher than previously expected, according to Wahhab.

The survey did not distinguish that child prostitution was occurring in Laamu Atoll at the time, he added.

Systemic exploitation nationwide

While children prostitution is more pronounced in some atolls than others, it is “a systemic problem” across the country and remains “a very, very hidden activity,” Dr Naaz explained.

The almost 10,000 participants of her sexual abuse and violence prevention workshops over the past two years had expressed particular concern that child sexual abuse, including child prostitution – is “a common problem”.

Communities from the far north to the south of the Maldives – including Male’, Haa Dhaal, Raa, Lhaviyani, and Addu Atolls – have also been affected, she said.

“People quite frequently talk about child sexual abuse, but we are not comfortable facing the finer details of this reality,” said Dr Naaz.

It was a misconception to think that Maldivians were not involved in the child sex trade, as it was “hidden and difficult to capture,” she said.

“There are people who are using young Maldivian girls in this trade, but it may not be happening at a guest house,” she explained.

Instead, this sexual exploitation occurs “more on [the victim’s] own familiar ground, in rooms and houses”, making it difficult for the authorities to identify cases, collect evidence and intervene.

The involvement of young boys in child prostitution “cannot be ruled out”, however the practice “may be even more hidden”, she added.

Children are being forced to cater to both Maldivians and expatriate workers, she said, however the rates varied with Maldivians paying upwards of MVR 700 (US$45.60) while foreigners such as Bangladeshi labourers paid MVR 150 (US$9.77) “for sexual everything”, explained Dr Naaz.

“These girls have described that the people who pay for sex with them are often very young – 21 to 25 years-old – but sometimes include elderly people,” she continued, noting that the practice had increased in the past decade.

Sophisticated industry in Male’

In the capital Male’, child prostitution has reached a “sophisticated level” and encompasses different types of sexual abuse, explained Dr Naaz, with an even split between families pimping out their children for economic gain versus gangs facilitating the trade for girls suffering from substance abuse problems.

Rather than being gang-led phenomenon, families struggling to make ends meet and economic hardship had led to the rise of a generally ad hoc child sex industry.

“There are instances where family members may hire a room for rent, keep the children in there, and then use them to generate money through sexual activity so they can support their stay in Male’,” explained Dr Naaz.

“Many times the parent, uncle or sibling may be involved in drug abuse and in order to get money they introduce the children to the trade,” said Dr Naaz. “On the other hand, you have people deliberately using and recruiting young girls into this and involving them in sex.”

“Sometimes – and I don’t want to put the on blame them, because it’s not every gang – there are youth groups who may keep a few girls whom they pimp.”

She also highlighted instances of mentally disabled children being abused for sexual activities by adults.

“They’re vulnerable so they’re not able to protect themselves,” she said.

Other cases were said to involve groups of women renting rooms in Male’ and “recruiting vulnerable young people who may not have their parents [in the city],” she explained. In some cases,  young girls with intellectual impairments “are taken in by these groups of women.”

She identified a “gradual process” of minors being “groomed” by adults via the internet and/or social media, with children taken to known “spots” and introduced to those involved in the sex trade.

In other instances, the minors are pushed to provide nude photos, and then emotionally blackmailed with threats that the pictures will be posted on the web, and ultimately recruited into prostitution.

“In Male’, there have [also] been instances where a parent gets angry and tells the child to get out on the street, with the child picked up by somebody [because they are] in a helpless state,” said Dr Naaz. “Then they are taken to a guest house and used for prostitution, group sex and things like that.”

A school health counselor in Male’, who claimed to have encountered numerous cases of child prostitution, said poverty was one of the root causes of the abuse in Male.

“Mostly cases involve single parents – mums and dads – who come from the islands and try to survive in Male’,” said the counselor. “Cases where the mom lives in a guest house and facilitates prostitution for the whole family are common in Male’.”

In one specific instance, a student in Grade 7 (aged 12-13) and her sister were earning money from prostitution and giving the earnings to the family, with the parent’s knowledge, the source said.

“Children are [also] trafficked to the islands from Male’. The gender ministry cannot do anything regarding the kids because this happens at the family level and at the school level. They have no authority to say anything and are neglecting the issue,” the source alleged.

A civil society source currently investigating the practice told Minivan News that underage girls were being “groomed” by “benefactors” in Male’ and then sexually abused by the same men, which included both Maldivians and foreign nationals. The source said it is common to see teenage or adolescent girls with older men who were trying to buy sexual favors at particular shops in Male’ at the beginning of the month, around payday.

After being lured into prostitution, the children were then taken by some men to neighboring countries to engage in sexual acts, added the source.

Generations of damage

Some of the children exploited by the sex trade seek help, but the condition they are in is “very very sad”, lamented Dr Naaz. “It’s unbelievable for the Maldives.”

“Sometimes they are psychotic, mentally retarded, and they are the victims of rape, gang rape, group sex… and the child feels ‘I have no choice but to be there’ because their intellectual capacity is not [developed enough] to address that. They don’t have the skills [to get out of the situation],” she explained.

Some children also showed symptoms of sexually transmitted diseases and were being advised to seek testing and treatment, she added.

A comprehensive study is needed to determine exactly how many children are affected by this type of sexual abuse, emphasised Dr Naaz.

“I don’t think we would be different from most other societies, but the exact percentage we should determine from good research that determines the root causes,” she said.

While the exact root causes behind child prostitution – and other forms of sexual abuse – in the Maldives still need to be determined, there are some factors in addition to economic hardship that may be contributing to the practice.

“Many times Maldivians are living in very crowded environments in households where they are exposed to adult sexual activities and children learn, children get to know,” Dr Naaz speculated. “So the environment in which we are living could be one factor.”

Furthermore, “in the Maldives girls start having boyfriends at a very young age, grade 5 or 6, which is quite early. It seems more like people are indulging in sexual activities at a very young age,” she explained. “Sometimes these boyfriends may be on drugs and these boys may also be recruiting the girls into sexual activities. Young girls need to be very careful so they don’t get pushed into this.”

Children’s rights violated

Children are not aware of their rights and are not being taught or given opportunities to develop the proper social skills to protect themselves from attempted sexual abuse, including child prostitution, multiple sources emphasised to Minivan News.

“Young people should know their body is theirs and that nobody has a right to violate it. No one – no one – can violate it and there are other ways to earn money,” said Dr Naaz.

“We have to tell young people it’s not alright if your aunt [or anyone] says ‘go to that room with this boy’. Children need to be taught that this is wrong, that these are their rights that are being violated,” she emphasised. “Sometimes children don’t know this, or that they have the right to report [abuse].”

“Parents have a huge role to play, we have to monitor where our children are going. If they’re missing for long hours, we need to know where they are, and whether someone is abusing the freedom their parents have given them,” she continued.

“The child is a minor, so they may not be able to say no if they get pushed into this,” she added.

A ‘Happy Star’ program, created by Dr Naaz, details how parents can communicate to their children – in a language appropriate to children – to improve awareness about the dangers of being lured or forced into child prostitution.

She emphasised that relevant programs must be developed to protect children and teach them about their rights.

“There is a general erosion of values. People don’t seem to know where to set their limits or draw the line. We need to get back to our old values,” she said.

“When a young boy is going to school saying ‘I can’t even say my mum is not doing it, my mum is sleeping with my friend’, that reflects an erosion of values,” she said.

The civil society source investigating the practice of prostitution among young people emphasised that parents and children are “not prepared to deal with these things”.

In addition to no effective sexual education taking place, “There is also no social education occurring and when children get older they rebel because they are not given the chance to be children – instead they are forced to take tuition from age four instead of having play time,” said the source.

“There are parents trying to bring up good kids, but the victims drag other children into their bad behavior,” the source continued.

“We are neglecting the issue, making it worse because no one is dealing with these things. Hiding the issue encourages the practice to continue,” the source declared.

“This has to come out and we have to think ‘out of the box’ to stop the root causes – not just do the same things over and over,” the source added.

Authorities, government uncooperative

The Maldives Police Service had not responded to an emailed series of questions at time of press.

Meanwhile, despite stating earlier this year that the abuse and neglect of children had reached “alarming levels“, the Gender Ministry failed to respond to multiple enquiries from Minivan News regarding child prostitution over the course of this investigation.

Further interviews arranged with relevant authorities in Laamu Atoll were curtailed by the Ministry in Male, with Minivan News ordered to submit a formal letter of enquiry to the office in Male’ requesting authorisation for its staff to speak.

Minivan News submitted such a letter to the Ministry on June 16 seeking “all relevant information regarding the occurrence of child prostitution” in Laamu Atoll and nationwide, as well as a copy of the Laamu Atoll survey conducted in 2010. At time of press, the Ministry had made no response.

Minivan News also contacted Minister of Gender, Family, and Human Rights Azima Shukoor, who did not respond to calls or text messages.

State Minister Dr Aishath Rameela was also not responding to calls at time of press. Minivan News attended her office to set up an appointment directly on Wednesday (June 19), but was informed by Dr Rameela’s secretary that she was unavailable for interview because she was “very busy”.

Victims or suspected victims of sexual abuse, including child prostitution, in Laamu Atoll, can reach the Hadhdhunmathi Family and Children Service Centre on Fonadhoo Island via 771-1721 ,or by calling the Maldives Police Services at 119.

Additionally, a 24 hour toll-free Maldives Child Helpline is available on 1412.

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Government paid Baroness Scotland £50,000 in excess of agreed consultancy fee

The government paid former UK Attorney General and member of the House of Lords, Baroness Patricia Scotland, £50,000 (MVR1.25 million) in excess of an agreed fee for legal advice concerning the Maldives’ suspension from the Commonwealth Ministerial Action Group (CMAG), the 2012 audit report of the Attorney General’s Office (AGO) has revealed.

The audit report (Dhivehi) made public yesterday (June 11) revealed that a terms of reference (ToR) to hire an unnamed foreign legal expert was signed by the AGO on May 28, 2012, after the Maldives was suspended from CMAG – the Commonwealth’s human rights and democracy arm – and placed on its formal agenda following former President Mohamed Nasheed’s allegation that he resigned “under duress” on February 7, 2012 amid a violent mutiny by sections of the police and military.

Auditors discovered that the legal expert – revealed in the media at the time to be Baroness Scotland – was paid £50,000 without signing a formal agreement in addition to a consultancy fee of £75,000 (MVR 1.81 million) agreed upon in the ToR.

“The Attorney General’s Office informed [auditors] that the fee paid in excess of the agreed upon fee was for further advisory and drafting work that was required,” the audit report stated. “However, we note that this additional legal advice could not be discerned [from any documentation].”

As the additional fee was 66 percent of the consultancy fee included in the ToR, “this office believes that the work could not be done without both parties signing an agreement in accordance with section 8.22 of the public finance regulations.”

Section 8.22 stipulates that consultancy work needs to assigned on the basis of a contract with specific terms mutually agreed upon.

Auditor General Niyaz Ibrahim therefore recommended legal action against the responsible officials as the excess amount was paid in violation of article 47(b) of the Public Finance Act.

The audit report also noted that the AGO spent MVR108,902 (US$7,062) on plane tickets and accommodation for Baroness Scotland and her assistant for a visit to the Maldives, despite the lack of provisions for the expenses in the ToR.

The Auditor General’s Office recommended that such expenses for amenities along with fees for any additional work should be stated in the contract.

The report also revealed that the AGO spent MVR 16.9 million (US$1 million) in excess of the annual budget for the office approved by parliament.

A total of MVR 16.3 million was spent with approval from the finance ministry for consultancy work by foreign legal experts, the report noted.

The Auditor General’s Office contended that the expenditure in excess of the approved budget was in violation of article 96(c) of the constitution, the Public Finance Act, and public finance regulations.

Article 96(c) of the constitution states, “No supplementary expenditures shall be added to an approved budget without further approval by the People’s Majlis. Expenditures included in the budget shall be applied solely for the specified purpose.”

Among the cases for which the AGO sought foreign legal assistance were the termination of a concession agreement with Indian infrastructure giant GMR to develop the international airport, disputes concerning a border control agreement with Malaysian firm Nexbis and payments owed for the “Maldives Asset Tracing, Recovery and Repatriation Engagement” investigation launched in 2010 by the now-dissolved Presidential Commission.

The audit report revealed that a ToR was signed with a Singaporean law firm on March 1, 2012 for legal assistance concerning the contract disputes involving GMR and Nexbis.

Following the cancellation of the concession agreement with GMR, the law firm was retained under a second ToR for the arbitration process currently ongoing in Singapore.

The audit found that neither the fee nor expenses for the lawyers were stipulated in the ToR as required under section 8.22 of the public finance regulations.

Instead, the Singaporean law firm was to bill the AGO for its services at a price of its choosing, the report stated.

The AGO paid the firm a total of MVR 7.1 million (US$460,440) in 2012 for legal assistance and other expenses.

A British lawyer was also hired in November 2012 until the conclusion of the arbitration process involving the GMR contract without signing an agreement stipulating the price as required by the public finance regulations.

The AGO paid the lawyer MVR 1.2 million (US$77,821) in 2012.

The Auditor General recommended legal action against the responsible officials at the AGO in accordance with article 48 of the Public Finance Act.

Among other cases flagged in the audit report as ostensible violations of public finance law, auditors discovered that the AGO spent MVR 76,810 (US$4,981) for purchases and services without approval from senior officials as required by section 8.05 of the public finance regulations.

Moreover, the AGO bought airplane tickets worth MVR 45,994 (US$2,982) without seeking prices from at least three parties as required by section 5.03 of the public finance regulations.

Baroness Scotland

In August 2012, Minivan News obtained the terms of reference document for the contract, which was signed by then-Deputy Attorney General, Aishath Bisham, who succeeded Aishath Azima Shukoor in April 2013.

The leaked document also included a letter in Dhivehi sent from the Attorney General’s office to Finance Minister Abdulla Jihad requesting authorisation for Baroness Scotland’s “unprecedented work/expense” following her visit to the Maldives.

“There was no contract made. With this letter we ask if attached terms of reference are sufficient as a contract,” the AGO wrote.

Following media reports in the UK, then-Attorney General Azima insisted that the expenses for Baroness Scotland were made out of the proper budget code with approval from the finance ministry.

Baroness Scotland came under fire in the UK press after the story emerged in the Daily MailThe Mail established that the peer and former Attorney General had not listed the payment from the Maldives on the House of Lords’ register of members’ interests.

“Her entry says she has set up a firm to provide ‘private consultancy services’ but says it is ‘not trading at present’,” the Daily Mail reported.

In a statement, Baroness Scotland confirmed she had been “instructed by the Attorney General of the Maldives to give legal advice”, and slammed the leak of the terms of reference and “all communications passing between myself and the Attorney General, whether written or oral, pertaining to the nature and extent of that advice, as confidential and legally privileged.”

She additionally claimed to have been approached by both the government and the opposition, and said she had accepted an invitation to chair a roundtable “at which all parties are to be invited.”

“I am a senior barrister with specific expertise in the area of constitutional law, criminal and civil law reform, and am skilled in mediation,” she explained.

Baroness Scotland was previously scrutinised by the UK press in 2009 after she was found to have been employing an illegal immigrant as a housekeeper in her London home.

As the story emerged, MPs from the UK’s Conservative Party – which has long backed Nasheed and the Maldivian Democratic Party (MDP) – seized the opportunity to attack the former UK Labour Party Cabinet Minister.

Conservative MP Karen Lumley told the Daily Mail that is was “disgusting that a former British attorney-general should take a well-paid job advising the new regime, which has no democratic mandate. President Nasheed was overthrown in a coup and the Maldives is now very unstable. Many of my friends there have been arrested by the new regime.”

Conservative MP John Glen told the paper that Baroness Scotland should “hang her head in shame”.

“What happened in the Maldives was a military coup,” he said, adding that it was “outrageous” that the former AG should be “advising a regime responsible for ousting a democratically-elected president.”

Former Maldives High Commissioner to the UK, Dr Farahanaz Faizal, described the government’s employment of Baroness Scotland as “absolutely shocking. If the government wanted legal advice to support the AG’s Office, the proper way is to request the UK government bilaterally.”

“To think that someone of her calibre would undertake an assignment to check if Foreign Ministers of Australia, Canada, Bangladesh, Jamaica, and others of CMAG had acted against their mandate is disgraceful,” Dr Faizal said.
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Government appoints new deputy gender minister

Shidatha Shareef has been appointed Deputy Minister of Gender, Family and Human Rights, the President’s Office has today announced.

Shareef’s appointment comes the same month that former Attorney General (AG) Azima Shukoor was made Gender Minister as part of a cabinet reshuffle.

According to the government, the reshuffle was made to support proposed legal reforms concerning the treatment of victims of sexual abuse following the recent high-profile case of a 15 year-old girl charged with fornication.

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Former attorney general to keep advising government on Nexbis, GMR matters

Former Attorney General (AG) Azima Shukoor will continue to advise the government on two high-profile legal cases she has previously been involved in, despite being transferred to the Gender Ministry earlier this month.

The two cases involve the future of an agreement to implement a border control system supplied by Malaysia-based Nexbis and arbitration hearings resulting from declaring “void” a US$511 million airport concession agreement with India-based GMR void.

Shukoor, who was appointed as Minister of Gender, Family and Human Rights on April 10, said yesterday (April 13) that she intended to continue to serve on a team of lawyers working for the state on the cases involving Nexbis and GMR, local newspaper Haveeru has reported.

President’s Office Media Secretary Masood Imad has previously told Minivan News that the government had decided to transfer Shukoor as part of commitments to help oversee proposed legal reforms that could potentially end the use of flogging as a punishment for sexual offences.

The government has previously criticised the practice, which it alleged serves to punish victims of rape and sexual abuse in some cases.

The state has come under further pressure to review the handling of sexual offence cases from petition site Azaaz.org, which has threatened otherwise to call for a tourism boycott over a flogging sentence handed to a 15 year-old girl for ‘fornication’.

Shukoor has claimed in local media to have personally requested the president appoint her to the Gender Ministry on condition she would continue to work on the cases relating to Nexbis’ agreement and the arbitration hearings with GMR.

GMR arbitration

In November 2012, President Dr Mohamed Waheed’s government declared void a concession agreement signed by the previous government with Indian firm GMR to manage and build a new terminal at Ibrahim Nasir International Airport (INIA).  It then ordered the company to leave the country within seven days.

GMR is seeking US$800 million in compensation for the sudden termination, while the Maldivian government is contending that it owes nothing as the contract was void ab initio – meaning the contract was invalid from the outset.

Nexbis

Nexbis signed a “legally binding” deal in 2010 to provide a customised border control system under a ‘build, operate and transfer’ agreement to Maldivian authorities that still remains in use as of this month.

The deal is presently the subject of legal wrangling over whether the Anti-Corruption Commission (ACC) has the power to demand termination of the contract. Parliament has also voted to cancel the system, but this is subject to a court injunction.

However, the US government late last month signed a Memorandum of Understanding (MOU) to provide a border control system to the Maldives. Representatives for Nexbis at the time said they had not been informed of the MOU signing or what it might mean for the company’s own agreement with the state.

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