Tag: CSC Chair Mohamed Fahmy Hassan

Parliament votes out CSC President Fahmy over sexual harassment allegations

Parliament on Tuesday voted out President of the Civil Service Commission (CSC) Mohamed Fahmy on charges of sexual harassment against an employee.

The 70 members who partook in the vote were split 38 for removing Fahmy, 32 against and 2 abstentions.

The parliament debated on the report on the case submitted by the Committee on Independent Institutions prior to the vote.

Chair of the Committee, Independent MP Mohamed Nasheed, said that in addition Fahmy himself and the employee who had submitted the complaint Aminath Shahma, other members of the CSC and staff members had been questioned by the committee.

Nasheed said that other staff members, including Fahmy’s personal secretary, had made statements which backed Shahma’s allegations, while Fahmy’s defense had nothing to support it. He added that the committee had asked both Fahmy and Shahma if they were willing to repeat their statements under oath, to which Shahma had agreed while Fahmy refused to respond.

After much debate by MPs with opposing views on the parliament floor, Nasheed responded saying the the Committee on Independent Institutions had oversight mandate over the CSC, and that it did not need to conduct a criminal investigation to remove Fahmy from his post.

“What we applied are widely accepted civil standards. Based on our findings, 7 out of the 10 committee members decided that it was more likely that Fahmy had committed this act than that he did not. And that is enough to remove him from his post,” Nasheed said.

He added that this had no relation to Fahmy’s role in the Judicial Services Commission (JSC) – of which the CSC president is by default a member. He also clarified that unlike the claims of some MPs who had spoken in Fahmy’s defense, the Prosecutor General’s office had not sent the case back to the police but rather had asked for additional clarifications.

Workplace harassment: a common problem for women

Many MPs, including independent, Maldivian Democratic Party (MDP) and Dhivehi Rayyithunge Party (DRP) MPs, spoke in favour of removing Fahmy from his post.

DRP MP Rozaina Adam, MDP MPs Eva Abdulla and Mariya Ahmed Didi spoke of workplace harassment being a common issue faced by Maldivian women.

Although MP Visam Ali stated that the matter needed further investigation and submitted an amendment asking for parliament to postpone Fahmy’s dismissal until the authorities looked into the matter more deeply, Rozaina stated that the parliament was not mandated to run a criminal investigation and that it should remove Fahmy as he was believed to have committed an act unacceptable from a man in his position.

“Honour is not something we get just by addressing each other as ‘Honourable MP’, as stipulated by the regulations. We need to prove to our constituents that we work in their interest,” Eva Abdulla said.

“Even the former Auditor General was removed because this parliament through its findings believed him unfit for his post. It was not done after a police investigation.”

“In the JSC, Fahmy actually voted in a way that benefited [the MDP], by voting that the Hulhumale’ Magistrate Court is illegal. The MDP will work with principles and not a political mindset,” Ali Waheed said.

“Shahuma stood up and shared this issue with a lot of courage. We cannot turn our backs on this,” he went on, “And this HRCM report – They say they can neither prove whether he has or has not done anything. What have they found? What’s the point of releasing this one day before the vote?”

Removing Fahmy may lead to more allegations

Members of the Progressive Party of Maldives (PPM) mainly spoke in defense of Fahmy, alleging that this could “possibly be a politically-motivated allegation”.

Most of them stated that since a criminal investigation was involved it was better to let the police and courts come to a decision on the matter before the parliament voted on removing him.

PPM MP Shifaq Mufeed said, “Let’s not turn this parliament into an investigative body”, adding that the police were more qualified to run a professional investigation.

“We might be faced with an unrecoverable loss if we remove Fahmy, as he is a member of both the CSC and the JSC. If we remove Fahmy, there may come planned false allegations against other members of independent commission,” he said.

“To Shahuma, I have to say: ‘be patient, madam’. Let the police investigate. We are not going to incriminate Fahmy and take Shahuma’s side, nor are we going to incriminate Shahuma and take Fahmy’s side.”

Adhaalath party member and MP Ibrahim Muthalib also spoke against removing Fahmy in parliament today.

“If we are to make our women nude and exposed, and then send them out to mingle with men, then why speak of protecting them? Honourable Speaker, this cannot be done in this manner. If a man and a woman are in a room alone, Satan will be there as the third person and will encourage sinful activities,” Muthalib said.

“Their place is in their houses, to serve their husbands and look after children. If we give them the opportunity to go out and mingle then we can no longer talk about their dignity and protection. It is people who harass women who are now speaking in their defense here today,” he further added.

Cannot confirm whether or not the harassment happened: HRCM

Meanwhile on Monday, a day ahead of the vote against Fahmy in parliament, the Human Rights Commission of the Maldives (HRCM) released a report on the case.

HRCM claimed that they had not received enough evidence to prove whether or not Fahmy had harassed the employee.

The report further said that although Fahmy had sent a text to Shahuma with an apology, it was unclear what the apology had been meant for.

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MDP MPs call on JSC to suspend CSC Chair Fahmy

Maldivian Democratic Party (MDP) MPs have called on the Judicial Service Commission (JSC) to suspend Civil Service Commission (CSC) Chair Mohamed Fahmy Hassan from the judicial watchdog body as a sexual harassment case against the JSC member had been forwarded for prosecution.

In a joint statement on Wednesday, MDP MPs ‘Reeko’ Moosa Manik, Hamid Abdul Gafoor, Ibrahim Rasheed, Mohamed Rasheed and Mohamed Thoriq criticised the JSC’s public statements insisting that parliament could not summon judges to committee.

The MPs contended that the JSC continuing to hold meetings with Fahmy in attendance was against the spirit of the constitution, adding that Fahmy had a conflict of interest in sitting in the JSC while a criminal case against him was being prepared to be filed at court.

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CSC suspends five senior DPRS officials for disclosing information

The Civil Service Commission (CSC) has suspended five high-ranking officials of the Department of Penitentiary and Rehabilitation (DPRS), pending an investigation into alleged multiple violations of the Civil Service Act by disclosing official information at a press conference.

CSC Chair Mohamed Fahmy Hassan confirmed that the Home Ministry was informed of the decision today.

DPRS Director Saud Abdul Kareem, Deputy Director Hassan Waheed, Assistant Superintendent Mohamed Asif, Asseyri Jail Senior Prison Officer Mohamed Tholal and Maafushi Jail Senior Prison Officer Ibrahim Nashid organised a press conference in their “personal capacity” on Sunday at the Trader’s Hotel.

The senior officials reportedly defended State Minister for Home Affairs Mohamed ‘Monaza’ Naeem, who is currently in charge of the department. The DRPS officials refuted claims in a petition submitted to the Home Minister alleging misconduct and abuses of power by Naeem.

In the petition, which was not signed ostensibly over fears of job security, Naeem was accused of using state vehicles for personal use and accompanying government officials and MPs on visits to jails.

The DPRS senior staff however claimed that department employees were not involved in drafting or submitting the petition, suggesting a hidden agenda behind the petition.

Local media reported this week that a complaint had been filed at the Anti-Corruption Commission (ACC) alleging that Naeem did not sign the attendance books either during his time at North Central Province Office or currently at the DPRS.

Meanwhile at Sunday’s press conference, DPRS Director Saud also defended Naeem from serious issues flagged in a compliance audit report recently made public by the CSC. Saud argued that the problems identified in the report dated from before Naeem took over from former Director General Mohamed Rasheed.

Based on the findings of the compliance audit, Rasheed was given a three-month notice and suspended by the CSC pending an investigation.

The senior officials revealed at the press conference that complaints of corruption under Rasheed were lodged at the Human Rights Commission, CSC and ACC.

A day after the press conference, the CSC issued a press statement noting that according to article 28(b) of the Civil Service Act a civil servant could not disclose information about the office or its employees learned in his or her official capacity.

The statement noted that civil service regulations specified procedures for civil servants to file complaints of legal violations or abuse of authority at the CSC.

Moreover, clause 17(a) of the regulations “stated in clear language that employees could not attend to personal matters during official hours.”

“If an employee is dissatisfied regarding a matter in his area of work, it must be solved in the way the regulations specify,” the CSC statement reads.

In addition, clause 26(g) of the regulations states that civil servants shall not defend the interests of a political appointee.

The statement contended that the press conference, which took place during official hours, was held in violation of both the Civil Service Act and civil servant’s code of conduct as well as “principles of a democratic society”.

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