In the Maldives, the NGO sector is lumped together as a whole by the developmental partners, government and other stakeholders. For convenience in the Maldives, the NGO sector seems to represent the civil society.
Whenever the civil society representation is called, you will see NGO sector members.
A weak civil society?
In a democratising country like Maldives, the civil society and the NGO sector should play a crucial role. Civil society is one of the pillars of democracy. Without a vibrant and strong civil society, democracy cannot be attained.
In the Maldives – unlike Bhutan – legislation allowed the formation of NGOs for centuries, apart from NGOs targeting human rights until a few years ago. Today, the Maldives has more than 1100 clubs and NGOs registered with the Ministry of Home Affairs under the clubs, associations and NGOs law.
It is problematic to categorise the NGOs that work for the development of the country. It also means that for the population of 300,000, we have an NGO for every 200 Maldivians. Out of the registered NGOs in the Maldives, only a few have office space with paid staff.
The oldest developmental national NGOs that are existence in Maldives are SHE and the Care Society.
Presently, the work of developmental NGOs visible in the Maldives are the Care Society, SHE, Maldives Democracy Network, Journey, Democracy House, Transparency Maldives, SWAD, JCI, Maldives NGO Federation.
There are other NGOs that are noticeable at periodic intervals like Madulu, Strength of Society and others.
The NGOs in the Maldives have informal and formal networks and work closely together, pooling resources on projects of common interest, producing policy papers and position papers. Some of the examples are the JUST campaign and the Domestic Violence Bill, to name a few recent combined team works by the NGO sector.
Expectations from NGO sector
There are high expectations from the developmental partners, government and other stakeholders, including the general public, for the NGO sector to play a central role in the democratisation process. For example for the upcoming local council elections, there is greater need for the NGO sector to prove and show neutrality, put the best interests of people first, monitor corruptions and act as watch dogs.
What’s thwarting this is again lack of resources. There is a greater need to educate the general public via media. The media agencies commit to return investments and only allocate a dose of space to corporate social responsibility. So this avenue is closed to NGOs. For every work NGOs does, [media] is paid.
Challenges
The major constraint for NGO development in the Maldives are funding limitations. There are no established mechanisms to secure funding or plan long term sustainability of NGOs.
The biggest national NGOs in the Maldives face similar constraints. These NGOs have office space borrowed from their family residences, and most NGOs are fortunate if they have a well-wisher who supports administrative costs and recurrent costs including office space. Other NGOs founders or staff have self-interest, so they work for minimal pay, most times as a volunteer.
The developmental partners always claim that NGOs in the Maldives lack capacity and do not have the skills to organise or implement projects. As a person who has worked in the NGO more than 20 years I think this is misleading as resource mobilisation can create a strong NGO sector.
How many NGOs in the Maldives have bought a laptop out of the project? Before suggesting this is ineffective planning, it is important to note that NGOs do not have means to buy a computer or even a laptop. Laptops are required to communicate with the outside world and for documentation purposes.
Or why do staff costs have to be incorporated into projects? Because it is essential to the survival of NGOs and sustain their work. Why are the travel costs included higher than other countries? Because that is the reality of high costs of living in the Maldives.
Why is that the consultancy fees for local consultants are unacceptable while large sums are paid to foreign consultants, including travel and lodging only to produce a plain report or technical input? Why is it that local consultants do not apply or are available? It is because of these discriminatory attitudes practiced by donors.
Most international donors scrutinise the sustainability of projects. If this is the case, why don’t they consider the requirement of the NGO sector through gigantic lenses for sustainability?
Maldives NGO law does not prohibit conducting business activities, however, several NGOs experienced difficulties in this aspect as the law is not enforced or institutionalised in various ministries. Several NGOs could not register vehicles in NGOs names or take loans. There are several NGOs moving towards the Social Corporation model though this is new thinking.
International funding for social development in partnership with NGOs
Underthe previous government, the majority of national strategic plans, including the UN country plans, identified partnerships with NGOs. It would be interesting to analyse the outcome of these partnerships over the last 10 years.
To give credit, there have been efforts by previous Government to strengthen the civil society but it has not shown any results. Similarly, the current government has also identified partnership with civil society which needs to be spelt out clearly and implemented.
The majority of funding in the past for the NGO sector has been secured through international sources, though some NGOs have secured one-time undersised funding locally. As there is no tax system or cooperate social responsibility policy, the NGO sector is struggling for survival.
Some NGOs are active, while others ended in death row, and a few stagnated for years. As a developing and economically well-established country compared with other South Asian countries, and a smaller population, the NGO sector could not compete with other NGOs in the region. This is the reality of the 20th century as well.
Reinforce the NGO sector
The government, UN and other developmental partners should consider the NGO sector as developmental partners.
The NGO sector requires institutionalisation of good governance, capacity building, project implementation and financial support. It is unrealistic for the NGO sector to expect to conduct business, there has to be a mechanism established for the survival of NGOs.
Can the government, UN and other developmental partners trust the NGO sector to implement the projects? Can the US Embassy and other embassies, rather than implementing the projects, recruit the NGO sector to conduct programmes and projects by allocating a budget for implementation?
Can the Human Rights Commission, government and UN assign projects like training projects/components to the NGO sector?
The NGOs have networks and it would assist the capacity-building of island NGOs as well the national NGOs if this type of work is capitalised on them. The NGO sector has the capacity and ability if funding is allocated to conduct training in the areas of human rights, governance, decentralisation, child rights, women rights, people with disabilities, NGO training, and other such training. The government, UN and Human Rights Commission can play the monitoring role.
The NGO sector is requested to conduct programmes and projects at low cost and for free which barely covers the recurrent costs, administrative staff costs and project management costs. In the context that is contested above, can the NGO sector in the Maldives survive without an enabling environment?
The NGO sector requires adopting good governance models and being active watch dogs.
All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]
Self-awareness and spiritual empowerment hold the key to freedom and raising the status of people in a society.
Education and economic independence, and financial security no doubt, do impart self-confidence to a person. However if the person is not well equipped with self-awareness and spiritual power within oneself, it is difficult to sustain the confidence that comes with a good education and a good job.
That is the reason why it is not uncommon to find well qualified and well educated men and women, holding powerful jobs weakening and losing their self esteem when faced with a difficult situation in personal or professional life.
That is why we find executive managers, top government officials, members of parliament and other such people who should be role models for our society not demonstrating a constant code of standards, behavior and values.
What is spiritual empowerment?
Spiritual empowerment is not about religious rituals, robes, ceremonies and practices. Spirituality is about awakening the ‘consciousness’ that we all humans have been gifted with. It is the consciousness to recognise the ‘truth’ about self, about relationship of self with the people and nature around. This consciousness helps you to understand and become aware of ourselves and all things that have an impact on your well-being and our inner peace and happiness.
This awareness is empowering because it is the beginning of taking care of your own self as well as understanding others in a better way. Only when you know who you really are and what you really want for your ultimate happiness can you begin to make choices consciously to create realities that result in your happy self. And only then you begin to appreciate the need of others to be happy.
Awakening the consciousness
Your minds are conditioned by the educational system, traditional parenting, religious preaching, and other good-willed people around you to think in the way that conforms to the norms of the society and the prevailing system.
This does not necessarily have to do with ‘spirituality or the needs of the soul’. This conditioning does not get you in touch with your ‘self’. The further you are from your ‘inner truth’ or your ‘true self’, the more powerless you become. You are more vulnerable to exploitation and all the things that can erode your self confidence and self esteem.
Ideally the process must begin at an early age. Values that are primary to building strong and powerful personalities need to be part of family and educational systems.
Personal and social change is a continuous process and so is empowerment. Educational systems that do not provide for developing courage and attitude to rise above social and personal hurdles need to be scraped out rethought and restructured to make the best use of the learning years of a student, so that they can gain a sound mental and spiritual foundation that will enable them to become adults who are economically independent, contribute to the society and service humanity.
The behavior of the empowered person
Empowered people act out of choice. They have a belief system not conditioned by the messages received in the past but based on their wants, choices and values. They align their thoughts, words and actions and do not waste time in criticism and judgment. They create harmonic environments, respect individuality and values diversity is accountable and proactive and implements their activity in a safe way.
Strategies for empowerment, transformation or change lie in values, beliefs and rules. Unless you are willing to analyse, reflect and change any of these strategies (those that do not support the life you love) there will be no change. The tools that support you to change are your thoughts words and actions – a manifestation of your beliefs, values and rules.
Aminath Arif is the Founder of SALAAM School
All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]
I was responsible for looking after one of the largest disaster programmes in the Maldives following the tsunami.
I was one of the members in the decision making body of Action Aid International of a 30 million pound Tsunami Rehabilitation and Reconstruction multi-country programme in Thailand, Sri Lanka, India, Maldives, Indonesia and Somaliland.
Immediately after tsunami, I went with UNDP teams, Oxfam, Red Cross and other disaster teams to conduct initial disaster assessments. It was a time consuming, trying process to assess the damage done by the tsunami and identify the needs of people.
No group of people, community or country wanted the same things. It was hectic, tiring and required extensive development to help the survivors.
I wonder why the PK Relief fund is deliberating and has announced it will be sending a there member team to Pakistan. They were careful to announce that they will not spend money from the PK Relief funds for the visit, but in same breath they said that they will raise funds for the visit to Pakistan.
This sounds same thing to me – they will be using the name of the PK Relief fund to raise funds, which is akin to spending PK Relief money. I think this is a waste of resources and energy as the money should be donated to the Government of Pakistan.
Providing disaster relief is a technical and difficult task, and requires experts to conduct a disaster assessment. The processes require conducting an assessment of the damage, identifying the needs of the people as well as the infrastructure.
It’s futile to think that a team who has no knowledge and understanding of the country, the extent of damage, the culture and the people can decided on what or where to donate.
The best experts will be the Government of Pakistan or the international parties who are already on the ground in Pakistan evaluating the situation of the floods, such as the UN, Pakistan Red Crescent, Pakistan Action Aid or others. Another possibility is through the Maldivian High Commission based in Pakistan – all these agencies are based in Pakistan and would have firsthand knowledge.
Maldives do not require a team from PK Relief Fund to go to Pakistan.
What PK Fund should plan is how to keep track of how the fund is being spent. Monitor and request whether the funding has reached to the neediest. PK fund can make the Government of Pakistan accountable through good governance and monitoring mechanisms.
Publish the information received from Government of Pakistan and international stakeholders, making it accessible to the citizens of the Maldives at regular intervals, after donating the funds.
I would advise the PK Relief not send a team to Pakistan and hand over the money to the Ambassador of Pakistan. I would also request a public outcry against this proposed action by the PK relief fund Committee, for contemplating such disastrous action on behalf of the Maldivians who donated the funds without expert knowledge of the issue.
All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]
The Criminal Court of the Maldives has postponed the trial of Deputy Leader of the People’s Alliance (PA) and Deputy Speaker of the parliament MP Ahmed Nazim to November this year.
A statement from the Criminal Court said the delay in the trial, which began earlier this year, was caused by a “lack of information and necessary documents from the Home Ministry.”
The Criminal Court said it had now received the necessary pending document and that the trial would resume on November 9.
The Criminal Court attempted to summon Nazim in July, however he was being held in police custody and failed to receive the summons, the statement said, adding that it was only able to hold two of the scheduled five hearings.
In May last year police raided Nazim’s office, seizing a number of documents and hard drives as part of a special operation to investigate allegations of corruption.
In August last year, police concluded investigation into corruption charges concerning the former Atolls Ministry and sent five cases to the prosecutor general’s office.
On conclusion of the investigation, police charged former Atolls Minister Abdulla Hameed and Nazim with corruption, with Chief Inspector Ismail Atheef alleging that numerous quotations, agreements, tender documents, receipts, bank statements and cheques had been forged, and that Nazim had personally benefitted from over US$400,000 in fraudulent transactions.
Police investigations focused on three main points in the ministry’s audit report for 2007 and 2008: the purchase of mosque sound systems for over US$138,000; the purchase of 15,000 national flags for over US$110,000; and the purchase of 220 harbour lights at a cost of over US$151,000 from businesses with close ties to Nazim.
According to Atheef, Eydhafushi MP Ahmed ‘Redwave’ Saleem, who was director of finance at the ministry at the time, actively assisted the scam.
Saleem has now joined the ruling Maldivian Democratic Party (MDP).
“In these cases, money laundering was involved,” Chief Inspector Ismail Atheef told Minivan News last year.
“I wouldn’t say money from these transactions was directly deposited to the accounts of Abdulla Hameed or Ahmed Saleem.’’
Police claimed Hameed played a key role in the fraud by handing out bids without public announcements, making advance payments using cheques against the state asset and finance regulations, and approving bid documents for unregistered companies and discriminatory treatment of bid applicants.
The first two cases of the ministry’s audit report reported by police revealed similar fraudulent transactions to purchase 150 harbour lights for over US$157,000 and the purchase of 15,000 national flags worth US$110,000.
Nazim has previously pleaded not guilty to charges of conspiracy to defraud the former ministry.
During a hearing in March, State Prosecutor Abdullah Rabiu said Nazim was Managing Director of Namira Engineering and Trading Pvt Ltd when the company’s equipment and staff were used to create fake letterheads and submit proposals on behalf of unregistered companies.
More recently in July this year, Nazim and Maldivian Democratic Party (MDP) MP Mohamed Musthafa were arrested on suspicion of bribing MPs and a civil court judge, however Chief Judge Abdulla Mohamed ruled that there were no reasonable grounds to grant an extension of the MPs’ detention based on the evidence presented by police.
“Both of them were arrested last night on charges of bribing a civil court judge. According to the information we have, they offered US$6,000 and a two-way ticket for a trip abroad, and exerted influence on a civil court case,” claimed the police lawyer in court.
The Criminal Court has found former principal of Lale Youth International School, Turkish national Serkan Akar, guilty of assaulting children and sentenced him to pay a Rf200 (US$14) fine.
Serkan had denied the charges against him, which included strangling and whipping a child with a belt during an incident last Ramazan.
A report from the Human Rights Commission of the Maldives (HRCM) released in June found that students at the school had been “physically and psychologically abused, discriminated against and bullied,” recommending “that police should investigate the physical and psychological abuse going on at the school as an urgent concern,” and “separate those suspected of physical abuse from the school’s students until the police investigation is concluded.”
A source at HRCM told Minivan News today that “as far as we’re concerned, [Serkan’s Rf200 fine] is ridiculous.”
“This sentence gives people a reason to take justice into their own hands. Why even bother to go to the courts?” the source said.
“This case was supposed to create a precedent for the future protection of children in this country. This is not the precedent we were looking for. We not sure of how to follow through – perhaps request deportation, or at least notify the Turkish government.”
The source added that there was little further that HRCM could do, because with the constitutional turmoil and doubt about the institution’s validity after parliament failed to legilsate for its continuity after the interim period, “we don’t even know if we are supposed to be going to work.”
“There are all these important issues we’re supposed to be working on, such as cases of people who don’t have access to water because their landlords have blocked the water meter even though they are paying rent. There’s nothing the water company can do so people have to come to us. But it’s questionable whether anything we do now has legal [legitimacy].”
Deputy Prosectutor General Hussain Shameem said that the Rf200 sentence ruled by the judge was legitimate under the current penal code, which was originally drafted in 1968 and apparently not reflective of inflation.
“Under the penal code the judge had four sentencing options: up to six months banishment, imprisonment or house arrest, or the fine of Rf 200,” Shameem stated.
“We cannot say that the sentence is unjust, because this is a punishment prescribed in law. But I want to say that the judge had three other options, but chose to fine. Rhe defendant probably had mitigating factors, such as no prior criminal record [in the Maldives].”
Minivan News understands that a revision of the penal code is currently before parliament, but has remained so for four years. Parliament has scheduled 29 sessions to examine the bill, and but all except three have been cancelled or failed to make quorum.
Trying to ascertain which judge issued the sentence, Minivan News phoned the mobile number of the spokesperson for the Criminal Court, Ahmed Riffath, but the person who answered the phone claimed to be someone else.
The Criminal Court’s front desk confirmed the number belonged to Riffath, and that he was the court’s only authorised spokesperson.
Shameen said he did not know which judge actually heard the case, “but [Chief Judge of the Criminal Court] Abdulla Mohamed was on the schedule.”
Abdulla Mohamed did not answer when Minivan News attempted to contact him.
“Our concern was that we wanted to get some incarceration because the victims were children,” Shameem said.
As for deportation, such matters were not part of the court sentencing, Shameem noted, but were rather the prerogative of the administration.
“The immigration chief has the power to deport any person alleged of an offence,” he said.
Serkan has already attempted to flee the country twice after HRCM’s preliminary investigation revealed a past systemic use of corporal punishment, questionable standards of education and suspect teaching qualifications among Turkish staff at the school, but his passport was confiscated at immigration.
Minivan News originally reported incidents of children being violently abused by senior staff in the the school in January, after a parent spoke about the abuse her 13 year old son was suffering.
“He would come home and tell me about the beatings. He told me it depended how angry the principal was – sometimes a leather belt was used,” she said.
“[The violence] has only been towards the boys, but they have done it in front of the girls as well. Just recently a pupil was held by the neck and put up against the wall. Many pupils went home and told their parents they were so scared they nearly wet themselves,” a parent told Minivan News.
Following the allegations the deputy principal at the time, Guvanchmyrat Hezretov, fled the Maldives to be replaced by another Turkish national, Suleiman Atayev.
Atayev and a Turkish teacher fled the country in July, after the pair were also implicated as suspects in the assault case facing Akar.
In May, Minivan News reported concerns raised by parents and members of staff that the school was being operated as a front for a Turkish tax racket whereby businesses in Turkey would evade taxes through charitable giving to institutions in tax-friendly locations such as Male’, and then retrieve these these funds through escalated salaries paid to selected Turkish staff. Minivan News also reported concerns regarding inflated visa quotas for teaching staff, and phantom teachers on the payroll.
In June, HRCM released its report, recommending that the Education Ministry terminate its contract with Maldives-registered company Biz Atoll Pvt Ltd to manage Lale Youth International School, “and hand over management as soon as possible to a qualified party.”
The matter was being reviewed by the Attorney General, prior to his resignation yesterday.
The Maldives National Defence Force (MNDF) confiscated the keys to the Supreme Court on Saturday afternoon pending the conclusion of the interim period of the Constitution.
Press Secretary Mohamed Zuhair said the President had ordered the move “to prevent entry until the Majlis (parliament) reaches a consensus [on appointing the new Supreme Court judges].”
Zuhair explained the decision to confiscate the keys was made “to avoid unforeseen circumstances, because right now there is a difference of opinion as to what will happen should the Majlis fail to reach a decision by tonight.”
The current Supreme Court judges have previously declared themselves permanent in a letter sent to President Mohamed Nasheed, although the President’s member on the Judicial Services Commission (JSC), Aishath Velezinee, claims this was unconstitutional “and no one has recognised or even mentioned it.”
According to the constitution, the president is required to nominate the new Supreme Court judges following consultation with the Judicial Services Commission (JSC), and then present the names to parliament to approve in a vote.
Nasheed has already nominated Supreme Court Judge Uz Ahmed Faiz Hussain for the position of Chief Justice, however “he has not been able nominate [the rest of the bench] because parliament has not yet passed the Bill on Judges that stipulates the number required,” Velezinee said.
The constitution obligates parliament to resolve the matter before the end of today, however scheduled sessions were postponed to 8pm and then eventually cancelled in a statement issued by the Speaker, opposition DRP MP Abdulla Shahid, on the grounds that both sides were unable to decide the matter.
The Majlis was also to approve nominations for the Human Rights Commission of the Maldives (HRCM) and the Civil Service Commission (CSC).
Under the constitution, the cancellation effectively leaves the country in a legal ‘limbo’ period as of midnight, without several institutions functioning legitimately including the country’s highest court – “as of midnight there are no Supreme Court judges”, Zuhair noted.
Parliament has also yet to approve the reinstated cabinet ministers.
A senior government official told Minivan News that “rather than leave the country without a legitimate judiciary on conclusion of the interim period, the President will decree at midnight that the trial courts [the Criminal and High Courts] will continue to function, while an interim body of credible judges of high reputation will serve as an appellate court, under advisory of the Commonwealth.”
Appellate courts have been used in countries like the United States, and are typically limited to reviewing decisions made by lower courts rather than hearing new evidence.
Foreign Minister Dr Ahmed Shaheed confirmed the President had proposed to decree that the two trial courts continue to function after midnight, “to give parliament time to pass the necessary legislation.”
However Dr Shaheed said the President would not re-mandate the current Supreme Court bench, “because that would be a de-facto extension and could go on forever.”
“Parliament has failed to complete legislation that would give legitimacy to the Supreme Court [under the new Constitution],” Dr Shaheed said.
He also said that while the government had asked the Commonwealth for assistance running the interim appellate court, it had not yet received an answer. The government had also briefed the UN Resident Coordinator, Andrew Cox, he said.
“It’s not just tonight’s cancellation [of parliament],” Dr Shaheed said. “Parliament has had two years to do these things. It baffles me why they would put the country in this situation – tonight people should be asking who they should blame.”
Minivan News was still waiting for a response from Attorney General Husnu Suood at time of press, following the announcement of the appellate court.
Suood had previously told newspaper Haveeru that parliament had the option of extending the transition period for another one to two months with a two-thirds majority vote, or by appointing a new chief justice before midnight.
“Questionable matters will arise when this state is over,” Suood told Haveeru.
Velezinee told Minivan News that the country was now “in a vacuum”, and the JSC had been asked to be on call to meet with the President and suggest names should parliament reach a decision.
She noted that the JSC now consisted of eight members, as the Supreme Court’s member and head of the commission Mujthaz Fahmy and ex-officio member of the Civil Service Commission (CSC) Dr Mohamed Latheef no longer retained their positions on conclusion of the interim period, until reappointed.
“I have asked the Secretary General to call the police if they try and enter the building,” she added.
The Judicial Services Commission (JSC) last night reappointed 59 sitting judges, including all but two of the judges currently serving in Male’ courts, swearing them during a closed-door oath-taking ceremony in the Supreme Court.
Minivan News understands that three members of the 10 member JSC were present during the oath-taking ceremony, including two members who were taking the oath as sitting judges, and opposition Dhivehi Rayyithunge Party (DRP) MP Dr Afrasheem Ali.
A senior staff member of the JSC today told Minivan News he had been unaware the ceremony was taking place until he saw media reports, but said he felt there were “no legal issues” blocking the reappointments.
Meanwhile, President’s member of the Commission Aishath Velezinee, who has criticised the issuing of tenure to those judges appointed under the former administration as “robbing the nation of an honest judiciary”, claims she was locked outside the ceremony after attempting to intervene when she learned it was taking place.
Prior to being locked outside, Velezinee took to the podium and called on any judges who supported her position not to take the oath of office, however none did so.
“I don’t think the international community is going to accept that this is legitimate,” she said. “They locked members of the JSC out. The only ones present were Dr Afrasheem Ali and two judges on the commission, who took the oath themselves.”
People’s member on the Commission, Sheikh Shuaib Abdul Rahman, also objected to the JSC’s action, stating in an interview with Television Maldives (TVM) that while he supported reappointing judges and training them to improve their standard, he did not endorse granting life tenure to judges who did not meet the requirements.
Head of the Judicial Services Commission (JSC), Supreme Court Justice Mujthaz Fahmy, answered his phone but did not respond to questions from Minivan News. His phone was subsequently switched off.
Parliament was due to debate a bill on judges in a special sitting of parliament on Saturday, to coincide with the constitutional deadline for reappointments of August 7.
Velezinee contends that parliament’s Independent Commissions Committee (ICC) did not issue an injunction against the reappointment pending investigation of her complaint that the JSC’s behaviour was contravening the Constitution, thus giving the JSC the opportunity to rush the appointments through before the passing of the bill.
Speaker Abdulla Shahid did not respond to calls today. But in a text message reportedly sent to Velezinee last night, Shahid expressed his “deep disappointment” that the event was organised without consulting him, and despite his request to Mujthaz Fahmy that the reappointments be held until Saturday after the bill on judges had been adopted.
According to the Constitution once tenured, judges can only be removed following allegations of gross misconduct and a two-thirds majority vote in parliament, the same number required to impeach the President or Vice President.
Press Secretary for the President Mohamed Zuhair said the government “regretted” the JSC’s decision to reappoint judges behind closed doors while the Majlis was “actively discussing and debating a decision on the bill on judges for the 7th, and despite this being communicated to the JSC.”
Zuhair claimed that as a consequence the reappointments were “not credible at all to a large section of society – and the whole point of the exercise was to establish credibility.”
The activities of the JSC were “legally questionable” Zuhair added, “and the government intends to follow up on it. Today we have received complaints that the commission has contravened the Constitution.”
Zuhair observed that while two members opposed the move to rush the reappointments – Velezinee and Sheikh Shuaib – “a common thread ties all the other eight members. They either belong to the opposition DRP, or they are strong supporters.”
“The outgoing government has made sure it would retain control of institutions like the judiciary,” he noted.
Zuhair explained that while the government was communicating with international institutions on the issue, such as the International Committee of Jurists (ICJ), “so far we have been advised to do everything possible to keep to ‘norms and standards’. But that’s difficult when of the 197 judges, only 35 have any recognised qualifications. All the others have a local diploma.
“We can’t dismiss the other 150 judges, because that would only leave 35 to take care of the rest of the country. There has to be a middle ground,” Zuhair suggested.
The government was working on “attractive” overseas training and retirement packages for judges, he added.
“Without a doubt, Malaysia is slipping. Billions have been looted from this country, and billions more are being siphoned out as our entire political structure crumbles,’ claims former finance minister Tengku Razaleigh Hamzah speaking at the 4th Annual Malaysian Student Leaders Summit. “Yet we are gathered here in comfort, in a country that still seems to ‘work’ – most of the time. This is due less to good management than to the extraordinary wealth of this country.”
“Last year, we received US$1.38 billion in investments but US$8.04 billion flowed out. We are the only country in Southeast Asia that has suffered net FDI outflow,” he said. “I am not against outward investment. It can be a good thing for the country. But an imbalance on this scale indicates capital flight, not mere investment overseas.”
“When race and money entered our game, we declined,” he said. “The same applies to our political and economic life.”
The international community has urged the Maldives executive to respect the rule of law in negotiating a solution to its current political deadlock with the Majlis (parliament), and in handling its accusations of corruption and treason against several prominent MPs and high-profile businessmen.
In a democracy the judiciary is the crucial arbitrator of any such disputes between the other two arms of government. But Aishath Velezinee, the President’s Member of the Judicial Services Commission (JSC), the independent institution tasked with reforming the judiciary and ensuring both its independence and accountability to the public, believes the current state of the judiciary renders it unfit to do so.
Article 285 of the Constitution outlines an interim period for the reappointment of the judiciary by the JSC, according to minimum standards, with a deadline of August 7, 2010. After this, a judge may only be removed for gross incompetency or misconduct in a resolution passed by a two-thirds majority in parliament – the same number required for impeaching the President or Vice President.
Last week the JSC reappointed 160 of the judges appointed by the former government, despite a quarter of the bench possessing criminal records and many others with only primary school level education. The Supreme Court meanwhile sent the President a letter claiming it had ruled itself tenure for life.
Velezinee blows the whistle, speaking to Minivan News about the JSC’s failure to ensure the accountability of the judiciary, the compromise of its own independence at the hands of the Majlis – and the ramifications for the country in the lead up to the August deadline.
JJ Robinson: What is the function of the Judicial Services Commission?
Aishath Velezinee: The main function of the JSC – as I see it – is to maintain judicial integrity, and to build public confidence in the judiciary and individual judges.
The way we would do it under a democratic governance structure would be to hear the complaints of the people, and to look into these matters objectively and independently, and take action if necessary, to assure the public there is no hanky-panky [going on].
But instead of that, we are putting out press releases saying things like: “You can’t criticise judges”, “You can’t criticise the judiciary”, and ‘‘the president is exercising influence over judges”.
JJ: So the JSC is working as shield organisation for judges rather than as a watchdog?
AV: Very much. It is a shield for judges, and the evidence for that is very obvious. We have all this evidence in the media now from what is happening in the criminal court – a fact is a fact.
Why did [Criminal Court] Judge Abdulla Mohamed open the Criminal Court at midnight when two high-profile [opposition MPs Abdulla Yameen and Gasim Ibrahim] were arrested?
From August 2008 to today there have been many instances when the public might have wanted the court to open outside hours. But no – before that day, they have never opened the court out of hours for anybody else.
This was the first time they have done it – and then put out press releases saying it happened at 9pm? This is not the truth. We have evidence it is wrong.
But the Commission takes for granted that whatever the judge says is right. We can’t protect judges and oversee them.
JJ: This was the case taken to the Criminal Court by Yameen’s defence lawyer [former attorney general Azima Shukoor]?
AV: That’s not standard procedure. According to regulations the Criminal Court can only accept submissions from the State.
It would not have been an issue – the defence lawyer would have been given the opportunity to argue the case when the State went to the court. But Yameen’s lawyer initiated it – and got into the Criminal Court in the wee hours of the night – that is strange.
I’m not saying it is right or wrong – I don’t know. But what I do know is that this is out of the ordinary. The JSC has an obligation to the people to ensure the Criminal Court has done nothing wrong.
JJ: How did the JSC react?
AV: They did nothing. Article 22(b) of the Judicial Services Act gives us the power to look into matters arising in public on our own initiative. But what did the JSC do? They said nobody had complained: “We haven’t received an official complaint.” They were waiting for an individual to come and complain.
My experience, from being part of the complaints committee in the JSC, is that whenever a complaint is received, we have two judges on the complaints committee who will defend the [accused] judge, trashing the complainant, and talk about “taking action” against these people “who are picking on judges”.
Then they will put out a press release: “Nobody should interfere with work of judges.” Their interpretation is that “nobody should criticise us. We are above and beyond the law.”
Since January – when the JSC censored its own annual report, despite the law clearly saying what we should include – they decided to hide the names of all judges who had complaints made against them.
Instead, they released the details – including quite private information – about the complainants.
Civil Court judge Mohamed Naeem has "a box-file" of complaints pending, says Velezinee
JJ: What is the current state of the judiciary?
AV: The current judiciary has 198 judges that were appointed prior to this Constitution being adopted. Those judges were appointed by the then-executive: the Ministry of Justice. The appointment procedure, the criteria – none of these were transparent.
They were only given ‘on-the-job’ training. This ‘Certificate in Justice Studies’ they say they have is on-the-job training given after the 1998 Constitution was adopted, to teach them how to run the country according to that Constitution.
How do we expect these people – without exposure to democratic principles and cultures, without exposure to the world, with only basic education, and with only tailor-made on-the-job training for a different Constitution – how do we expect them to respect and uphold this Constitution?
A majority have not even completed primary school. A quarter have criminal convictions: sexual misconduct, embezzlement, violence, disruption of public harmony, all sorts of things – convictions, not accusations.
We are not even looking at the 100 plus complaints we have in the JSC that are unattended to. They have not been tabled. Civil Court Judge Mohamed Naeem has a box-file of complaints against him. And Criminal Court Judge Abdulla Mohamed has way too many against him.
JJ: Given the condition of the judiciary, and if the government is in a state of political deadlock with parliament, how is the government able to legitimise accusations against the MPs it has accused of corruption and treason?
AV: That is where we have the problem. The international community seem to have forgotten that this is a new-found democracy. We have in all our institutions people who have been in the previous government. We haven’t changed everybody – and they are still following their own culture, not the law.
How can [the international community] ask for the rule of law to be followed when there are no courts of law? Where are the courts? Where are the judges? A majority never even finished primary school.
Supreme Court Justice and President of the JSC, Mujthaz Fahmy
JJ: What possible reason was there for appointing judges with only primary grade education?
AV: It’s very obvious – just look at the records. As a member of the JSC I have been privy to records kept from before [the current government]. In their files, there are reprimands against judges for not sentencing as they were directed. That was a crime when the Minister of Justice ran the courts. The Ministry of Justice directed judges as to how sentences should be passed, and that was perfectly legitimate under that Constitution.
JJ: Has anything changed since 2008 and when the judges were appointed under the former government?
AV: Yes – what has changed is that [the judges] were freed from the executive. So they are very happy with the freedom they have received. But unfortunately they haven’t understood what that freedom and independence means.
They are looking for a father-figure, and they have found him in the current President of the JSC, Supreme Court Justice Mujthaz Fahmy. He has taken on this role, and he is now the king and father of the judges.
So they are all looking up to him to protect their interests. If you look at all the press releases from the Judges’ Association – which is run from Mujthaz Fahmy’s home address – he makes arbitrary decisions in the JSC and then puts out press statements from this organisation run from his home, to defend his own position.
We are in a very big game. Mujthaz Fahmy has been under the thumb of the former executive for way too long – the man is going on 50, he has been on the bench for 25 years, he has never had anybody come and argue with him – he can’t stand anybody who challenges him. So he’s got a problem with me sitting on the Commission because I do not take his word as the law. The man thinks that anything that comes out of his mouth is the law, and the majority of the JSC members take it as a fact.
But if you look into the documentation, if you look into the recordings – nothing that comes out of that man’s mouth will hold. Those interviews he is giving, all he is using is this image he has built up of himself as ‘the esteemed justice’. That is what he is using to convince the public that he is right. And they are trashing me in public and in biased media, just so people do not listen to me.
I do not ask anybody to take my word. I am saying: hear the recordings in the commission. Listen to what they say.
They have this belief that whatever happens in the Commission must be kept a secret amongst ourselves. This was run like a secret society – we have a pact of secrecy amongst us. I broke it, because I do not believe in tyranny of the majority. What we are seeing here is a repeat of what happened in the High Court in January, what we are currently seeing happen in the Majlis, and the same things are now happening in the JSC.
Elements of the parliament are collaborating with the JSC, says Velezinee
JJ: What are the links between the Majlis and the judiciary?
AV: That is a very serious issue. I am currently sitting on this seat as the President’s appointed member of the JSC, but prior to this, I was was the member of the general public appointed by the Majlis. They have forgotten that part.
I have brought this to Majlis attention. When the Commission voted on what I call the minimum ‘sub-standards’ for the judiciary, I sent a complaint to the Majlis. The same letter I sent to the President and the President of the Law Society. I sent it to the Speaker of the Majlis, as well as the chair of the Independent Commissions Committee, Mohamed Mujthaz.
When the JSC finalised the ‘substandards’, the Majlis into recess. So I went to the Anti-Corruption Commission (ACC), because it was the only constitutional structure where I could go to hold the JSC accountable. It is rather odd for one Commission member to go to another commission and ask them to investigate her own commission.
I met the ACC on May 12. The JSC say they adopted the substandards on May 11. Later I collected all the documentation, and wrote a report – because this is not going to be something easy to investigate. This is a whole conspiracy cooked up from the time the JSC was initially constituted. It has been planned, and it is very clear this is a plot.
When the Majlis reopened in June, I sent an official complaint to the Independent Commissions Committee which they accepted. On June 16, the Majlis wrote two letters to the JSC, one letter requesting all documentation and recordings relating to Article 285 – my complaint.
The JSC is not respecting Constitution and is doing as it pleases. Their disregard of Article 285, and their decision to adopt substandards for judges, comes from their belief in a promise made by the former government.
They do not refer to the Constitution in adopting the standards. They refer to conversations they had with the majority party at that time, a delegation led by our dear JSC President, Mujthaz Fahmy. He and a team of judges met with the politicians to negotiate a guarantee that no judge would be removed under the new Constitution.
Although we have Article 285 in the Constitution – to give the people a judiciary they can trust and respect – we have the President of the Commission responsible for the implementation of this article working on this political understanding with the former government.
This is very clear from the recordings.
All I’m asking is for third party to look into this – and that third party is the Majlis. After the Majlis took all the documentation and recordings, they had requested the JSC meet with the Majlis Independent Commissions Committee at 2:30pm on June 23.
If you go back to your news files, that was the day when the Majlis floor heated up. Since then the Speaker [DRP MP Abdulla Shahid] has suspended the Majlis.
The committee accepted the complaint – if they had not, they would not have asked us to come and discuss this with them.
I believe the speaker is taking undue advantage of this political crisis. The Speaker of the Majlis is now coming and sitting in the JSC [office] day and night, during Friday, holidays and Independence Day. The Speaker is sitting in the JSC trying to expedite this process of reappointing judges before the Majlis starts on August 1. What is going on here?
The Supreme Court, formerly the Presidential Palace
JJ: What is going on?
AV: I believe that when the Majlis was suspended, they should have directed the JSC to at least halt what was going on until they have looked into the matter. It is a very serious complaint I have made – it is a very serious allegation. And if that allegation and complaint is unfounded, I am willing to stand before the people, in Republic Square, and be shot.
I believe we have all the evidence we need to look into this matter – but under this Constitution, we have to go to the Majlis. But where is the Majlis? And what is the Speaker doing in the JSC?
What about all those other complaints? The Commission’s president is not letting us work on them. We have in our rules that any member can ask for a matter to be tabled. I asked him to look into the matter – and do you know what he did? He sent me a letter to my home address – as though I was not a member of the Commission – and asked me to write it in a proper form and bring it to the attention [of reception].
The JSC has decided Article 285 is symbolic, that article 22(b) does not exist, while the esteemed people of the law in the commission, include the Commission President, Supreme Court Justice Mujthaz Fahmy, explain to me that article 22(b) gives me the power to write a letter, fill in a form and submit a complaint. I asking – why did the drafters of this law put in a clause to give me a right I already have as any ordinary citizen?
Where we are right now – with the lack of confidence in the judiciary – it all lies with Mujthaz Fahmy.
JJ: What do you mean when you talk about “a plot”? How interconnected is this?
AV: They are trying to expedite the reappointment of judges without looking into my complaint. If you look into my complaint, you will find this has been done in an unconstitutional way.
What they are doing right now is going to kill the Constitution.
We are not going to consolidate democracy if they succeed in getting away with what they are doing right now. The Speaker has suspended the Majlis whilst a very serious complaint is with the Majlis committee, and now he is sitting in the JSC doing this.
If there is a matter pending in a court of law, usually they ask for a court order until the matter is settled. You don’t just carry on as if nothing is happening.
We have a petition signed by 1562 people – the JUST campaign – calling for an honest and impartial judiciary. This was not even put on the Commission’s agenda – it said it did not find it necessary to take it into account, and on that day I was not given opportunity to participate because on the agenda was the matter of approving judges under the substandards.
We are asked to put before any other matter the people, and the Constitution. Instead, the Commission is working in the interests of these individual few judges who have hijacked the judiciary. Mujthaz Fahmy must go.
JJ: So these Commission members met with politicians from the former government, to obtain a guarantee that sitting judges would remain on the bench, and not be subject to reappointment under Article 285? What do the politicians get back from the judges?
AV: We are talking about corruption. The change in government came in 2008 because people were fed up with a corrupt administration and autocratic governance.
But all those people who were in power entered parliament. The Speaker, who is right now sitting in the JSC working night and day expediting the reappointment of the judges, was also part of that administration. It is within their interest to keep this judiciary here, and not work in the interests of this Constitution, or the People.
Their personal interests take precedence over everything else. I’m afraid that is what we are seeing.
JJ: Do you feel the media has been taking this case seriously enough?
AV: I’ve been writing to all the concerned authorities since Januruary. I’ve been going on and on about the JSC and the dictatorship within it for a long, long time. I knew where we were heading, I have been warning the Majlis and talking to people from various parties. I have been talking about Article 285 for so long that I have become ‘the old article 285 madwoman.’
JJ: Do you think the current political crisis can be resolved without a functioning judiciary?
AV: Absolutely not. But then a functioning judiciary cannot be introduced without this crisis being resolved. How can the international community ask for the rule of law to be followed when there are no courts of law?
We need an impartial investigation of what is going on. And I believe the Maldives does not have anyone able to conduct an impartial investigation. We need assistance – the International Commission of Jurists (ICJ) should be here. The UN Special Rapporteur on Independence of the Judiciary should be here, right now.
This is not the fault of the judiciary. We have a large bench, and most of the judges have absolutely no idea about what is going on. They have not even been given orientation on the new Constitution.
I had the opportunity to meet magistrates from four Atolls. They know the law. But what they need is a basic understanding of the principles of this Constitution, of the foundations of democracy. Because it is through those lenses that they should be interpreting the Constitution.
I am not in favour of the removal of all judges. But I demand that all judges with criminal records be removed – they should not be sitting there even now, and there’s 40-50 of them – a quarter of the bench.
Why is the JSC remaining silent? Why is the Speaker of the Majlis in the JSC [office]? By his silence, and through the act of suspending the Majlis, the Speaker has given the JSC the opportunity to complete this act of treason they are currently committing.
The deadline for the judicial reform period under the new constitution in August 7. The Speaker and the President of the JSC are working overtime to get all these judges reappointed before the Majlis restarts on August 1. That is treason.
Supreme Court Judge Uz Ahmed Faiz Hussain, the President's nomination for Chief Justice
JJ: What benefit would outside arbitration bring?
AV: It is difficult because all our documentation is in Dhivehi. But we need an independent and impartial body to look into this properly. Forget listening to me or Mujthaz. Forget listening to politicians, and investigate. We need an impartial mediator.
It is very easy for the international community to turn around and blame the executive for taking a dictatorial attitude. We are demanding the executive uphold the rule of law. But what about the Majlis? Where is the rule of law when the Speaker suspends the Majlis and hides in the JSC expediting the reappointment of judges? Where are the courts to go to?
We need the public to understand the Constitution, and we need all duty-bearers to uphold the Constitution. I’m afraid half the members of the JSC do not understand the principles of democracy or the role of the JSC, or the mandate we have. Then there are a few who understand it very well but remain silent while all this goes on
JJ: The President recently nominated Supreme Court Judge Uz Ahmed Faiz Hussain as the new Chief Justice, and is awaiting Majlis approval. How likely is this to resolve the current situation, given the Majlis is currently suspended?
AV: Uz Ahmed Faiz Hussain is a well-respected man amongst the judges. I have never heard anybody question his independence or impartiality. He is a learned man and amongst all the politicking and hanky-panky going on, he has maintained his integrity.
But the Majlis has to appoint him and the Majlis may not even get that far – the Supreme Court has already declared itself permanent.
I’m telling you: this is big. What we are seeing is all interconnected – it is one big plot to try – in any way possible – to return power to the corrupt.
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