Week in review: August 24-30

August 24-30, 2013

The week began with stormy seas across the Maldives – two boats were sunk around Male’ and a typhoon reported in Shaviyani Atoll. Maldivian bodyboarders competing in Australia found conditions far easier, however, impressing judges and winning prizes in the Jeff Wilcox Memorial. The PPM also enjoyed smooth sailing, winning the Nolhivaram island council by-election and predicting an easy ride to the presidency, barring “major incidents” on polling day.

The PPM were soon headed back into the choppy waters of the presidential election campaign. After repeated criticism of the Elections Commission (EC), one party member took it upon himself to file a case in the Supreme Court requesting an audit of the EC’s IT software, and a greater role for the military in the upcoming poll. EC commissioner Fuwad Thowfeek had previously given Minivan News a comprehensive analysis of how polling would occur on election day.

Insisting that the senior party official had filed the case in a personal capacity, the official business of the PPM campaign continued in the atolls, with candidate Abdulla Yameen asking the people of Kudahuvadhoo the value of development without peace. The head of the Maldives Monetary Authority (MMA) this week described state spending as “beyond appropriate”, despite having cancelled all state financed development earlier this year. Yameen’s comments were likely prompted by the Maldivian Democratic Party’s (MDP) unveiling of a detailed manifesto involving 137 development projects, with more than half focused on giving city status to Fuvahmulah – the country’s only one-island atoll.

The MDP were not without their own pre-election concerns, however, alleging that ongoing prosecutions against senior party members were tantamount to campaign obstruction. The party was equally suspicious of the ability of a Commonwealth’s security expert to control the police force. The Commonwealth also announced the names of its 17 member observer group this week.

It was the turn of the running mates to debate policy on Television Maldives as the state broadcaster’s election coverage builds towards the upcoming leader debate. Despite criticism of TVM’s recent interview style, the Jumhoree Party confirmed that leader Gasim Ibrahim would still be taking part. The journalist behind Gasim’s prior inquisition this week received death threats. Meanwhile, the JP was forced to defend itself from opposition claims that its leader was using his vast personal wealth to buy votes.

Tensions continued to rise in the Judicial Services Commission (JSC) this week, doing little to allay Transparency Maldives’ fears that the integrity of the country’s courts was being eroded. These fears will not have been allayed by the upholding of a former Civil Court judge’s sentence for having sex in public.

In Singapore, the GMR group won an early victory in the tribunal investigating the early termination of the INIA airport development deal. The practical impact of another terminated foreign investment venture – the Nexbis border control system – remained unclear. The future of four Palestinian refugees in the Maldives was resolved – the group passed through the airport and immigration for the final time after being granted asylum in Sweden.

Finally, former Foreign Minister Dr Ahmed Shaheed was blocked from carrying out his role as UN Special Rapporteur on Human Rights by Iranian officials. Dr Shaheed’s former position was left vacant this week after the death of Dr Abdul Samad Abdulla. President Dr Mohamed Waheed Hassan described the loss as a national tragedy.

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Comment: Election 2013 – where to, people?

This article first appeared on DhivehiSitee’s Election 2013 hub. Republished with permission.

It has been 569 days since the coup of 7 February 2012. We have walked a long way back in those five hundred odd days.

State-sponsored violence has returned with a vengeance, along with arbitrary arrests and detentions. Precious civil liberties – freedom of expression and freedom of assembly among others, have been scaled back to alarming levels. Basic human rights—freedom from arbitrary arrests, detention, torture and other state-sponsored violence – have been taken away.

Xenophobic nationalism coupled with radical religious ideologies has damaged not just our relations with each other but our relations with the rest of the globalised and inter-connected world of today. From a respected actor punching far above our weight in international relations, we have become a nation viewed as a ‘terrorist hotbed’ dominated by radical Islamist thought with little respect for universal human rights.

Foreign investors have been scared away, international financial agreements reneged on and international treaties cut up and thrown out. Corrupt oligarchs and self-interested government officials have negotiated our sovereignty to appease the national interest of big powers while petty crooks posing as cabinet ministers have sold or rented out our precious natural resources to international gangsters and unethical international business partners for hefty sums that line only their own pockets.

We as a people, once united by a shared belief in our own moderate Muslim identity, are now more divided than ever before, torn apart by the political abuse of religion as a form of absolute control over our hearts, minds and lives. Facts have been sacrificed in the construction of a particular truth, reality itself has become what the rulers tell us what it should be. It seems like we have lived five hundred years in the last five hundred days, all roads leading back to the past, further and further away from the world at present and what it looks set to become in the days to come.

It can all change in the next week. On 7 September 2012 we will decide whether to stay on this road to the past, or return to the present and back to the future. On the other side of this inter-connected world, in the Middle East especially, we have watched the ‘Arab Spring’ unfold. We were ahead of other countries in the ‘Islamic world’ in making a peaceful democratic transition. And we were ahead of others, like Egypt, in having the heady joy of a revolution killed by an authoritarian reversal that took the form of a coup.

Analysts have identified an emerging trend among such countries of an ‘authoritarian push-back‘. Judging from the number of people who have failed to see the events of 7 February 2012 in the Maldives as a coup, both home and abroad, we may well fall within this new trend. Or, we can prove the analysts wrong like we did those who believed peaceful democratic transition is impossible in an Islamic country. We can say no to the authoritarian push-back, preempt the forecasted trend before it can even begin. The choice is ours to make on 7 September.

Let us make it an informed one.

Candidate 1: Gasim Ibrahim

Gasim Ibrahim (61) [or Qasim Ibrahim after re-branding for the campaign] is the candidate for Jumhooree Party. Gasim’s main ally isthe Adhaalath Party, the most politically active ‘Islamic organisation’ in the country.

Candidate Gasim’s defining characteristic, as put forward by him and his campaign team, is that he is the richest man in the country. Gasim is the owner of Villa Group, the largest company in the Maldives with 6000 employees. According to Gasim’s Wikipedia page, although ‘his net worth has not been made public’, it is ‘believed to be in access of 500 million dollars’. Gasim’s properties include several luxury tourist resorts, uninhabited islands, and shipping, fisheries, fuel, construction and manufacturing as well as import/export companies. Gasim also runs Villa High School and Villa College, which, although money-making businesses, he also aggressively promotes as evidence of his philanthropy along with a large number of study loans he has provided for many Maldivian students to study abroad.

Gasim’s chief selling point is his ‘rags to riches’ biographical narrative. Born to a blind father on the island of Dhiddhoo in the neighbouring Alif Atoll, his mother died when he was 39 days old. Gasim was brought up on Maamigili island by his grandmother and other relatives until he came to Male’ at a young age, ending up as a servant boy in Endherimaage, the unofficial residence of Maumoon Abdul Gayoom. Gasim’s chief patron in the house was Ilyas Ibrahim, Maumoon’s brother-in-law. That Ilyas, a powerful political figure throughout Gayoom’s reign, is now working under Gasim to promote his presidency, is another glorified strand in Gasim’s poor boy made millionaire narrative. Another celebrated one is that Gasim, who did not receive any formal education, was awarded an honorary doctorate from the Open University of Malaysia in December last year.

Gasim’s chief pledges are in line with his multimillionaire identity. In addition to laptops and iPads for all children and more materialistic goods to all voters and various constituencies, the Jumhooree Coalition has also pledged that a win for them would ensure everyone in the country will have the opportunity to ‘be a Qasim’. Last Friday Gasim donated a large number of equipment — computers, air-conditions and LCD TVs to schools in Addu City, but has denied it is a bribe intended to influence the elections.

What Gasim’s campaign carefully omits from all discussions about his wealth is his enormous debt. While Gasim was the Minister of Finance (2005-2008), the state-owned Bank of Maldives approved loans to Gasim’s Villa Group worth almost US$ 40 million (US$37,601,520) — 32.4 per cent of the bank’s entire capital. The Finance Ministry, which Gasim headed at the time, held a 51 per cent veto over any decision of the Bank of Maldives board, of which he was also a non-executive member.

Gasim is also presenting himself to voters as a champion of Islam and has formed an alliance with the ‘Islamic party’, Adhaalath, to ‘defend Islam’. This part of his campaign appears geared towards the not insubstantial segment of the voter population that prefers a manifesto for the afterlife to one for here and now. Given Adhaalath’s goal of making Sharia the only source of law in the Maldives, Gasim’s alliance with the party means that a win for him is likely to bring the country closer to Adhaalath’s dream of the Maldives as an ‘Islamic state’ belonging to a revived global Caliphate.

Personal Tidbits

Gasim has four wives, the maximum allowed for a Muslim man, and 12 children, seven boys and five girls. His oldest is studying for a Master’s and the youngest is less than two years old. He also has six grandchildren. Gasim is reputed to have a hot temper and a reputation for not being the politest man in politics. One of his wives has said he is a very ‘caring and sharing’ husband who answers the phone no matter where in the world he is. Another says he is ‘very kindly’, and that he has never spoken to her in anger. Gasim has said that he married four women to increase his chances of having a daughter.

Why should you vote Gasim?

In his own words:

Maldivians would know very well that there is no other reason for me to contest these elections except to bring them the development and progress they want. If I were driven only by personal interest or my own business interests, I wouldn’t need to be running for this position. Anybody who gives it serious thought will know that what I am doing is making their development certain.  In the same breath, every Maldivian who gives it serious thought will also be certain that I will not touch even a penny from our treasury; that I will not allow room for hatred to spread in this country; that I will get the economy back up and running; that with God’s help I will establish justice to their satisfaction; I will not let our independence and sovereignty be disturbed even the slightest; and that I am ready to spill my blood on this ground in protecting our glorious and sacred religion and independence. Every person who gives this some thought will know that they must vote for me as President of the Maldives.

-RiyaaC Programme, MNBC One

Candidate 2: Mohamed Waheed

Mohamed Waheed Hassan Manik (60), is the incumbent President, running as an independent candidate. Waheed took oath on 7 February 2012, a few hours after Mohamed Nasheed resigned under duress. Until then Waheed was Nasheed’s Vice President. Waheed insists his presidency is legal, a claim legitimised by the Commission of National Inquiry (CoNI) ruling a year ago that the events of 7 February 2012 did not amount to a coup d’état.

Waheed’s chief selling point to voters has been a claim to calmness, an ability to remain undisturbed in extreme turbulence. As evidence of this, Waheed has pointed to his two inaugural speeches at the Majlis, delivered amid riotous heckling by MDP MPs and large protests outside. According to his brother Ali Waheed, it is down to Waheed’s infinite patience and unflappability that the streets of Male’ are not completely chaotic as they were in the immediate aftermath of the coup. With a long and illustrious career in the United Nations behind him, Waheed’s campaign also projects him as a man of the world with the kind of international experience that all his rivals lack.

Waheed has been described by Hassan Saeed, then his chief political advisor as ‘politically the weakest person in the Maldives‘, and his 18 months as acting president has been disastrous for both him and the country. He has presided over a shocking decrease in freedom of expression and other civil liberties as well as the biggestincrease in state-sponsored violence since democratic rule began. Waheed’s government has entirely failed to take any steps towards crucial judicial reform, has been dogged by massive economic problems, and has damaged foreign investor confidence with a range of bad decisions, especially the decision to void GMR’s airport development contract. Waheed insists none of this has anything to do with him and maintains that he has support of ‘the silent majority’ which he estimates to be about 90 percent of the population.

Personal Tidbits

Waheed makes a mean lamb/beef curry, shares domestic chores with his wife Ilham Hussein, loves cycling and listens to Ghazals. He has three grown-up children, two of whom are as involved in his political life as his wife. Until recently, his youngest, a son, was known as Jeffrey but is now referred to as Salim, perhaps to appease the radical Islamists who insist on Arabic names for children as proof of the parents’ Islamic beliefs. His wife Ilham, who is also his first girlfriend, has said what she admires most about him is his morals and good manners.

Why should people vote for Waheed?

In his own words:

I believe that today the Maldivian people want a leader who will take the nation forward calm and steady. People who can bring the necessary development and reforms as smoothly as possible. I have shown this to the best of my ability in recent days. This is a difficult time. This is an unusual time in Maldivian history. It is a time of exceptional change, a time which requires that we go forward with some amount of maturity, calm and steadiness. It requires development of the whole country without personalising the difficulties, by looking at the big picture. We have to find a way to continue with the democratic work that has already been started. I believe that our brothers and sisters will carefully look at all candidates. When they do, I believe that I will receive a lot of support.

-RiyaaC Programme, MNBC One

Candidate 3: Abdulla Yameen

Yameen Abdul Gayoom (54) [also known as Abdulla Yameen] is PPM’s [Progressive Party of Maldives] candidate and brother of Maumoon Abdul Gayoom who ruled Maldives from 1978-2008. The defining characteristic of Yameen’s candidacy is, in fact, this family relationship—a vote for Yameen, the electorate is told on a daily basis, is a vote for Gayoom; electing Yameen would be a re-election of Gayoom by proxy.

Yameen’s chief selling point is that he is an economist and as such someone who can manage the country’s bankrupted finances better than any other candidate. Giant billboards appeared all over Male’ in the early days of the PPM campaign, some with quotations from famous world economists, as evidence of Yameen’s economic competency. Yameen has also promised to concentrate on making things better for the country’s youth, the most troubled and troublesome segment of the Maldivian population.

Several accusations of corruption, including alleged involvement in an international money laundering racketworth  US$800 million with ties to the Burmese junta have been levelled against Yameen. He denies the allegation and all others, describing them as ‘baseless and unfounded‘. Yameen is known for his tendency to sue for libelagainst anyone who makes or repeats such accusations, sometimes claiming millions in damages purportedly for no other reason than to ‘vindicate his good name.’ Apart from the promise to bring back the policies and characteristics of brother Thuththonbe’s [Gayoom’s] rule, one of Yameen’s main pledges to voters has been his promise the plan to restart his earlier attempts to explore for oil in the Maldives. Most of Yameen and PPM’s campaign has otherwise concentrated on criticising rival Mohamed Nasheed, the Maldivian Democratic Party candidate and others.

Personal Tidbits

Yameen has a hard time smiling, a fact which his campaign has sought hard to remedy with several friends appearing on MNBC One’s RiyaaC programme with Yameen to insist on how much fun he reallyreally is. He is, the PPM campaign has insisted, ‘a seriously funny man’, and it is a mistake to view his normal ‘reserve’ as arrogance. Yameen has three children, oa six-year-old boy and two grown-up children. His wife Fathimath Ibrahim is an active member of his campaign, although both his older children he says, absolutely hates the fact that he is in politics. When he appeared on the RiyaaC programme, he was shown relaxing at home with a book which, on close inspection, appears to be Heart Work by Chan Chin Bock [Publisher: Singapore: Economic Development Board] – more evidence of his competency as an economist.

Why should you vote Yameen?

In his own words:

The only viable option for any Maldivian who wants to make their lives better is to vote for me. [Why?] Because the biggest challenges we currently face are in the economic sector—problems in this area are permeating all others. Why is the health sector not developing as it should? Why cannot we add a new classroom to a school? Why aren’t there more doctors, more foreign doctors? Why are we short of IV fluid? These are all budget, money, dollars and sense, Rufiyaa, Laari, aren’t they? So, to find out how to earn Rufiyaa Laari, to understand how to spend Rufiyaa Laari with the least amount of waste and knowing how to draw the political map is the only way to draw the map and get there. Is it not? That’s why I have said a person who comes to the leadership will come with the aim to do something, not to continue business as usual. That’s why I want to say to all Maldivians: if you want to seriously change things for the better, there’s no need to look at any other candidate in my opinion, okay?

– RiyaaC Programme, MNBC One

Candidate 4: Mohamed Nasheed

Mohamed Nasheed (46) is the candidate for Maldivian Democratic Party (MDP) and the only democratically elected president in Maldivian history. He was ousted on 7 February in the coup that was ruled ‘not a coup’ by the Commission of National Inquiry (CoNI).

Nasheed’s chief selling point is his long history of fighting for democracy in the Maldives and his pledge to restore it if elected again. Nasheed’s two and half years in government (November 2008- February 2012) was controversial — people either loved him or hated him. Few were indifferent. The Nasheed administration introduced free healthcare, a basic pensions scheme for the elderly, and a desperately needed transport system that made travel between the islands scattered across 90,000 square kilometres of Indian Ocean easier than ever before. Freedom of expression and other civil libertiesflourished to unprecedented levels during his presidency.

A large share of Nasheed’s time in government, however, was spent fighting the always present threat of an authoritarian reversal, the ‘dregs of dictatorship’ that remained within every branch of government. The opposition majority in parliament blocked several key plans of the administration and opposed judicial reformat every turn, vehemently obstructed Nasheed’s push for taxing the rich, making the executive’s job as difficult as possible in the new democracy.

Throughout his years in power, his administration was also dogged by accusations of nepotism, over-indulgence, and most damagingly, of being ‘irreligious’ [Laa Dheene] and anti-Islamic. Despite the latter, it was also during Nasheed’s presidency that Maldivian religious radicals, liberated by Nasheed’s commitment to freedom of expression, most widely disseminated their hate-filled ideologies ultimately contributing to his downfall.

As a presidential candidate, Nasheed still rouses strong emotions. Tens of thousands—men and women of all ages—clearly adore him. Detractors hate him, refusing to believe he resigned under duress and accusing him of concocting a tall tale about being forced to resign. In their version of the truth, he left the position unable to govern or in a moment of weakness. Despite the allegations, all his opponents acknowledge that he is their strongest rival. In fact, all of them have said he is their only rival.

Personal Tidbits

Nasheed is a history enthusiast who has authored two books. A former journalist and an avid reader, he has said his true passion is writing. He loves animals and kept a whole cage full of birds until he was jailed himself. On returning from prison, he freed them all. He loves spending time with his two daughters and, as a committed weekend-cleaner at home, has said if he loses the election his teenage daughter has suggested they start a domestic cleaning company together. His wife of nineteen years, Laila, has said what she loves most about Nasheed is his great sense of humour.

Why should you vote for Nasheed?

In his own words:

I believe the Maldivian people really wanted to ask ‘why’, and to do something by themselves to find an answer to the ‘why’. They wanted to vote, and to establish a leadership from the results of that vote. They wanted to have more than one person to vote for and to have a competitive political environment . People are realising that it is we who have tried to establish competitive politics in this country and I think they accept what we have done in this regard. People also appreciate what we were able to do in our two years. Our track record in government is good. We did not arrest and torture a single person. We did not seize anyone’s property unlawfully. People really wanted to be free from torture, to be safe from inhumane violence. Our track record on that is impeccable. I also feel that people accept the policies we propose for the future. I believe this year’s election results has almost been decided already. The re-registration of voters casting their ballot paper in places other than their home islands has shown clearly that we will win in one round. God willing, we will win in one round.

– RiyaaC Programme, MNBC One

Dr Azra Naseem has a PhD in international relations

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]

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Maldives Decides 2013

Click to visit Maldives Decides 2013

Minivan News has launched ‘Maldives Decides 2013’, a hub of content concerning the four candidates competing in the 2013 presidential election.

Each candidate’s entry includes an overview of their recent political history with extensive links to relevant articles published by Minivan News, an overview of their policy positions, and a brief analysis of their support base.

The hub also includes an unofficial poll, links to Minivan News’ ongoing election coverage, and resources provided by the Maldives Elections Commission.

Additionally, all candidates have been sent and invited to respond to the following 10 questions, which will be published unedited as received:

  1. What about your personal experience makes you suitable to become President?
  2. What are the top three challenges facing the Maldives, and how do you intend to address these?
  3. Given the present state of the economy, how are you going to get the money to fulfill your pledges?
  4. Is there a need for judicial reform, and how do you intend to address the state of the judiciary should you be elected?
  5. How do you expect the events of 7 February 2012 to affect voter sentiment at the ballot box?
  6. Is Islamic fundamentalism a growing concern in the Maldives, and how should the government respond?
  7. What role should the international community play in the Maldives?
  8. Why should a woman vote for your party in the election?
  9. Why should a young person vote for your party in the election?
  10. What will the Maldives be like in 10 years time, should you be elected in September?

Minivan News hopes ‘Maldives Decides 2013’ is of value to its readers, and looks forward to a free, fair and inclusive election on September 7.

Visit Maldives Decides 2013


Feel free to discuss this project below, or send enquiries directly to [email protected]

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Inclusive elections could restore democracy in the Maldives: IDSA

The nascent multi-party democracy in Maldives had suffered a setback on 7 February 2012 when the democratically elected president Mohamed Nasheed had to step down under tumultuous circumstances, writes Anand Kumar for India’s Institute for Defence Studies and Analyses.

Though he was succeeded by the then vice president Mohamed Waheed Hassan, the legitimacy of his government was questioned by many. Nasheed and his party the Maldivian Democratic Party (MDP) had termed the change of government as a coup d’état. The continuous political turmoil in the country forced president Waheed to opt for an early election, which is scheduled for September 7. Even then it was felt that political vendetta will not allow all political players to take part in elections. However, finally, now it seems that Maldives is headed for an inclusive election that could restore democracy in the country.

The election process has started with the filing of nomination papers from 15-24 July. Mohamed Nasheed has filed his nomination as the candidate of the largest political party, the MDP. He has chosen veteran administrator and politician Mustafa Lutfi as his running mate. Lutfi was part of the cabinet of both former presidents Gayaoom and Nasheed. He has also been associated with the Maldivian National University and is widely considered as the brain behind a master plan for the development of higher education in Maldives.

Nasheed is likely to face stiff challenge from the Progressive Party of Maldives’ (PPM) candidate Abdulla Yamin who is half brother of former dictator Abdul Gayoom. He has chosen Maldivian Home Minister Mohamed Jameel as his running mate. Gayoom formed PPM when his earlier confidant Ahmed Tasmeen Ali refused to return charge of Dhivehi Rayyithunge Party (DRP) to him. Gayoom had given charge of DRP to Tasmeen Ali, when he left for Malaysia after getting defeated in the first multi-party elections.

The third political front called ‘Forward with the Nation’ coalition is headed by incumbent president Mohamed Waheed who belongs to Gaumee Iththihaadh Party (GIP). He has chosen Tasmeen Ali of DRP as his running mate. This was initially a rainbow coalition and also included religious fundamentalist Adhaalath Party. Adhaalath wants imposition of strict Sharia law in Maldives and also wants ban on men and women dancing in public and ban on alcohol at resorts which are the mainstay of Maldivian economy.

The Adhaalath Party (AP) has, however, quit President Mohamed Waheed’s coalition after Waheed stated in an interview to the AFP that the party had “extremist” individuals. Denouncing the statement Adhaalath said, “The Adhaalath Party does not by any means hold extremist views. The party is working to introduce Islamic principles to the country, to protect the Islamic faith of the country and the country’s sovereign.” Another important desertion has been of Dr Hassan Saeed’s of Dhivehi Qaumee Party (DQP) who was the presidential advisor. He has now joined Jumhoory Party (JP). Waheed has however tried to present a brave face and expressed confidence of ultimately winning the election.

The business tycoon Gasim Ibrahim is the presidential candidate from Jumhoory Party (JP). He had finished fourth in the last presidential election and has picked Dr Hassan Saeed as the running mate. This combination is not supposed to present any serious challenge but has the potential to eat into the votes polled. It is possible that Gasim Ibrahim might tie-up with Abdulla Yamin if the first round fails to throw up a clear winner. In that case the combination would present a formidable challenge and might actually emerge winner.

Read more

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No conflict of interest as JSC member, presidential candidate: Gasim

Jumhoree Party (JP) Presidential Candidate Gasim Ibrahim has told reporters he will not step down from his position on the Judicial Services Commission (JSC), stating that he saw no conflict of interest between his bid for power and role on the judicial watchdog.

The JP held a press conference yesterday with its two recently-unveiled coalition partners, the religious conservative Adhaalath Party and the Dhivehi Qaumee Party (DQP), following their defection from President Mohamed Waheed’s ‘Forward with the nation’ coalition last week.

According to local news outlet Haveeru, journalists repeatedly asked Gasim how he could possibly remain an impartial member of the JSC while running for president.

In response, Gasim said he saw no conflict of interest, and insisted that he would “not neglect his legal obligations” as a JSC member.

Following the investigation of Supreme Court Judge Ali Hameed sex tape scandal by a JSC subcommittee, Gasim voted against suspending the judge, in contradiction of the subcommittee’s recommendation.

Attorney General Aishath Azima Shukoor, President Waheed’s representative Latheefa Gasim, and Chair of the Civil Service Commission, Mohamed Fahmy Hassan, also voted against the judge’s suspension, citing “lack of evidence”.

Gasim meanwhile publicly declared that Hameed’s sex tape was “a fake” orchestrated by “external forces” seeking to take over state assets, introduce other religions to the country, and create infighting in Maldivian society.

His comments were followed this week with the leak of two more sex videos of the judge, including one depicting the judge fraternising with a topless woman with an eastern European accent. At one point, the judge leans right into the camera, and his face is visible.

JSC controversy

The public’s representative on the JSC, Sheikh Shuaib Abdul Rahman, has been sharply critical of the commission’s conduct and motivations, particularly its “open discussion” of its intent to eliminate Gasim’s rival presidential candidate, former President Mohamed Nasheed, from contesting the upcoming elections.

“It is common now to hear a lot of MDP and Nasheed bashing in commission meetings. This was not how things usually were before. I believe politically biased comments like this have increased since Gasim joined the JSC as a representative of the parliament,” Sheikh Rahman stated in March.

“Gasim even went to the point of asking the UN Special Rapporteur Gabriela Knaul when she held a meeting with us to state in her report that it was Maldivian Democratic Party (MDP) who torched the courts. I heard him say exactly that,” Sheikh Rahman said.

Knaul’s final report to the UN Human Rights Council following her mission to the Maldives in February, was a damning indictment of the country’s judicial crisis.

The special rapporteur stated that there was near unanimous consensus during her visit that the composition of the JSC was “inadequate and politicised”. This complaint echoed that of the International Committee of Jurists (ICJ) in 2010.

“Because of this politicisation, the commission has allegedly been subjected to all sorts of external influence and has consequently been unable to function properly,” said Knaul.

The JSC was responsible for both creating the court in which Nasheed was to be tried for his detention of Chief Criminal Court Judge Abdulla Mohamed in early 2011, and appointing the panel of judges overhearing the trial.

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Adhaalath Party enters coalition agreement with resort tycoon’s Jumhoree Party

The religious conservative Adhaalath Party (AP) has declared it has entered into a coalition agreement with resort tycoon Gasim Ibrahim’s Jumhoree Party (JP).

The AP recently severed its coalition agreement with President Mohamed Waheed, following his remarks to the AFP newswire that it was “better to work with” the self-claimed Islamist party, despite suggesting some elements in the party held “extreme views”.  He told media at the time that excluding the party from mainstream politics risked marginalising its members, having a “negative long-term effect”.

In a statement announcing its new coalition partner, the AP praised Gasim’s campaigning for the 2013 election and said it believed the presidential candidate was “the person most capable of defending the country from foreign influences, to safeguard the country’s highest of priorities, and that he is capable of working in an independent manner.”

Local news outlet Sun Online observed that the AP had similarly allied with the JP ahead of the 2008 presidential election, noting that the party’s then spokesperson and current Minister of Islamic Affairs, Sheikh Mohamed Shaheem Ali Saeed, had qualified the alliance on the grounds that “a person capable of controlling four wives is more than capable of controlling the country.”

Following its departure from Waheed’s ‘Forward with the nation’ coalition last week, the Adhaalath Party was reported to have been in talks with the Progressive Party of the Maldives (PPM).

While the extent of the Adhaalath Party’s electoral support in the coming elections is uncertain (the party received 0.9 percent of the votes in the 2009 parliamentary election), its numbers make up the bulk of the ranks of the Ministry of Islamic Affairs and it remains a loud voice in Maldivian politics.

Independent MP Ibrahim Muttalib, while not elected as an Adhaalath MP, has since declared association with the party. His bills have included motions calling for a blanket ban on the sale and import of pork and alcohol in the Maldives, a luxury tourism destination with an economy dependent on over 100 resorts targeting the lucrative UK, German, French and Russian markets.

Gasim Ibrahim meanwhile remains one of the country’s single largest importers of alcohol, with customs records for 2011 showing his Villa Hotels chain – including the Royal, Paradise, Sun, and Holiday Island resorts – importing approximately 121,234.51 litres of beer, 2048 litres of whiskey, 3684 litres of vodka and 219.96 kilograms of pork sausages annually, among other haram (prohibited) commodities restricted to ‘uninhabited’ islands.

The Adhaalath Party also endorsed a flogging sentence given in February to a 15 year-old rape victim found guilty of a separate fornication offence, on the grounds that “if such sinful activities are to become this common, the society will break down and we may become deserving of divine wrath.”

After an Avaaz petition calling for the repeal of the sentence reached more than two million signatures – double the country’s annual tourism arrivals – Waheed’s administration pledged to appeal the matter. The case remains stalled in the High Court.

Gasim in March 2013 complained he had lost US$16 million as a result of a selective tourism boycott, orchestrated he claimed by his political rivals the Maldivian Democratic Party (MDP).

While in coalition with Waheed, the Adhaalath Party also notably clamped down on singing and dancing, including requesting in April 2012 that the Education Ministry cancel the Maldives’ inter-school singing competition on the grounds that singing was haram in Islam.

Gasim was meanwhile heavily critical of the MDP’s recently-launched youth policy, titled ‘Entertainment without fear’, accusing former President Nasheed of being a “monster” guilty of “every despicable act ever to be found in the world”.

“He doesn’t understand what the law says, so a crazy person like him may say that he would give the opportunity for people to limitlessly entertain themselves. Look, it is not something Allah has given us human beings,” Gasim declared.

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Parliament notifies Gasim of case to remove him from JSC

Parliament has sent a notice to Majlis-appointed member to the Judicial Service Commission (JSC), Gasim Ibrahim, regarding a case to remove him from his post.

Deputy Speaker of Parliament Ahmed Nazim told local media on Friday (March 22) that a notice had been sent to Gasim, who is also the presidential candidate for Jumhoree Party (JP), as per parliament procedures.

Nazim stated that the case submitted by the Maldivian Democratic Party (MDP) to remove Gasim from the JSC would be put on parliament’s agenda only after speaking with leaders from various political parties.

The notice follows a meeting held last week by Parliament’s Independent Commissions Oversight Committee, in which the entire JSC board was summoned to attend.

Throughout March, the oversight committee has been speaking with members of JSC in regard to the manner in which judges were appointed to the Hulhumale’ Magistrate Court bench. The court is currently hearing the trial of former president Mohamed Nasheed, who is Gasim’s presidential rival in the upcoming elections in September.

Oversight Committee member and MDP Spokesperson Hamid Abdul Ghafoor told Minivan News that during the meeting held on Wednesday (March 20), Gasim had lacked integrity when faced with questions from the committee.

“The focus of my questions was on the integrity of the JSC members and of the independence of judges.

“When I asked Mr Gasim whether he had announced his [presidential] candidacy before or after he was nominated to his post within the JSC, he said ‘I am not sure’,” Hamid claimed.

Gasim’s presidential rival and leader of the MDP, former President Mohamed Nasheed, is currently facing charges at Hulhumale’ court over the controversial detention of Chief Judge of Criminal Court Abdulla Mohamed in January 2012.

The MDP has maintained that the charges against Nasheed are a politically motivated attempt to bar him from the election in September.

Despite the JSC Chair and Supreme Court Judge Adam Mohamed declaring that the commission refused to discuss matters regarding the Hulhumale’ Court, individual members of the JSC still attended the oversight meetings.

“It is like a domino effect – the chair of the JSC has lost his authority. We believe this is the first step of the JSC being shaken to its core,” Hamid said. “Even on Wednesday the chair was still resistant to being questioned.”

Statements from individual JSC members given to the oversight committee revealed there had been concern as to how the Hulhumale’ Court bench had been appointed.

Furthermore, the United Nations Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul raised concerns over the politicisation of the JSC last month.

“I have heard from numerous sources that the current composition of the JSC is inadequate and politicised.

Because of this politicisation, the commission has been subjected to all sorts of external influence and consequently has been unable to function properly,” Knaul stated last month.

JSC composition does not allow independence of judiciary to be maintained: Shakoor

On Wednesday (March 20), Attorney General and JSC member Aishath Azima Shakoor told local media that the current composition of the commission did not allow it to maintain independence of the judiciary.

“I believe that, even though JSC has been composed according to constitution, it does not allow [it] to maintain the independence of the judiciary.

“I do not believe that JSC’s configuration is based on the most effective model. But JSC is how the Constitution says it should be, so we have to function like that,” Azima was quoted as saying in local media.

In regard to Gasim, who voted in favour of establishing the Hulhumale’ Court bench, Azima told local media that if she had been in Gasim’s position when the vote for the court bench had been undertaken, she would not have participated in the vote.

“I believe that the Parliament Committee on Independent Institutions’ review or investigation of the manner in which Hulhumale’ Court bench of judges was established will affect the trail that is currently proceeding in that court,” Azima was quoted as saying in Sun Online.

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Police ask PG to press charges against motorists involved in Gasim’s death: no mention of police involvement

Police submitted a case to the Prosecutor General’s office on December, asking it to press charges against the motorist and the passenger on the speeding motorcycle involved in the death of bystander Abdulla Gasim Ibrahim on August 17.

In a press release issued on December 15, police stated that the persons alleged to have caused the death of Gasim were 21 year-old Ahmed Nadhee Saleem, of NooruhSabah on Gemanafushi in Gaafu Dhaalu Atoll and an unnamed 17 year-old boy.

Although previous police accounts stated that the two persons had been speeding on a motorcycle after stealing a mobile phone from an expatriate, the latest press release adds that the motorcycle being driven by the two was also stolen property.

The statement reads: “The request to press charges against these two persons has been sent to the Prosecutor General with relation to the events of August 17, at a time of which day these persons stole a motorcycle parked in front of Twilight Rivery in Henveiru ward, drove it at very fast speeds, stole a Nokia mobile phone from an expatriate who was standing near what was formerly known as the Bond Street shop, ignored orders from police at the scene to stop, and continued speeding despite attempts by police officers to stop them, resulting in a collision with a parked motorcycle on Orchid Magu near the Justice Building, causing severe injury and the ensuing death of the motorist on the parked motorcycle.”

The statement makes no mention of the police officer who was shown in leaked CCTV footage of the incident to have struck the fleeing suspects with his baton, causing them to collide with Gasim.

Police cover-up

The leaked video of the incident, which has been making rounds on social media since the beginning of December, shows a policeman stepping in front of the speeding motorcycle and hitting the motorcyclist on the head with a baton.

The victim’s family has also previously written to the Police Integrity Commission alleging that there was police involvement in the death of Gasim, describing the event as was later publicly seen in the leaked video. The family has said that it has so far not received any official response from the commission.

Despite the video evidence, police are now pressing charges against the cyclist and the passenger, while no mention of police involvement which led to the death was mentioned in the press statement.

Police Media Official Sub-Inspector Hassan Haneef was not responding to calls at the time of press.

Minivan News also tried contacting PIC President Abdulla Waheed, whose phone was switched off at the time of press.

PIC Director General Fathimath Sarira stated that the commission would be able to comment on the matter on Thursday, and that they had no comment for the time being.

On December 3, Sarira had confirmed that the commission was looking into the allegations of police involvement in the incident, stating that the ‘investigations are nearing conclusion’.

Meanwhile, the Maldivian Democratic Party (MDP) has submitted a motion to parliament, requesting the Committee on Oversight of the Executive review the case.

Prosecutor General Ahmed Muizzu was unable to speak to Minivan News today.

Human Rights Commission of the Maldives (HRCM) President Mariyam Azra was also not responding to calls, while HRCM Vice President Ahmed Tholal and member Jeehan Mahmood had their phones switched off.

Warning: Some viewers may find the following footage disturbing

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GMR leadership to visit Maldives as government parties escalate nationalisation rhetoric

Board members and the head of Indian infrastructure giant GMR, G M Rao, are due to visit the Maldives later this week in a bid to resolve tensions with the government over the company’s development of Ibrahim Nasir International Airport (INIA).

The upcoming visit follows a meeting between Rao and former President Maumoon Abdul Gayoom at a hospital in India where Gayoom’s wife was being treated. Gayoom also recently met with Indian Prime Minister Manmohan Singh.

GMR won a 25 year concession agreement to develop and manage the airport during the Nasheed administration. The opposition at the time challenged the government’s privatisation and threatened to renationalise the airport should it come to power.

Following the controversial transfer of power on February 7, the unity government under President Dr Mohamed Waheed Hassan has swung between issuing reassurances within diplomatic circles that Indian investments in the country would be protected, while locally stepping up nationalisation rhetoric.

Some of the dissent has blurred the line between business and politics.

Leader of the government-aligned Jumhooree Party (JP), resort tycoon Gasim Ibrahim, urged the government in local media to reclaim the airport, even at a cost of US$700 million, as it was worth “a thousand times more”.

Gasim’s comments followed GMR’s decision to suspend the credit facility for his Villa Air airline, due to unpaid bills totaling MVR 17 million (US$1.1 million) for fuel, ground handling and passenger service fees.

Contentious airport development charge

One of the government’s disagreements with GMR concerns the charging of a US$25 Airport Development Charge (ADC) on outgoing passengers, as stipulated in the concession agreement.

During the last months of the Nasheed administration, the opposition Dhivehi Qaumee Party (DQP) filed a successful case in the Civil Court blocking this fee from being charged on the grounds that was effectively a tax which had not been approved by parliament. DQP leader Dr Hassan Saeed, now President Waheed’s special advisor, and DQP Vice-President Dr Mohamed Jameel – the new Home Minister – justified their disapprobation while in opposition by publishing a pamphlet in Dhivehi (English translation).

The pamphlet described the deal as “paving the way for the enslavement of Maldivians in our beloved land”, and warning that “Indian people are especially devious”.

To abide by the court decision, Nasheed’s government agreed to subtract the ADC from its concession revenue while it sought to appeal.

Following February 7 the opposition inherited that  compromise and in the first quarter of 2012 received only US$525,355 of an anticipated US$8.7 million.

With no resolution, in the second quarter of 2012 the government was presented with a bill for US$1.5 million, due to a shortfall in airport income. The loss of revenue comes at a time when the country is facing a crippling budget deficit, a foreign currency shortage, plummeting investor confidence, spiraling expenditure, and a drop off in foreign aid.

GMR publicly offered to resolve the ADC dispute by exempting Maldivian nationals from paying the fee, but has otherwise kept its negotiations largely behind closed doors.

In a statement at the time, GMR noted that the government received US$33 million in 2011 from airport concession fees, “three times the money the government ever made in a year [from the airport] before privatisation.”

Following construction of the new terminal in 2015 – including “a state-of-the-art 600,000 square foot integrated Passenger Terminal and a 20,000 square foot VIP terminal, and various other airside and landside developments,” expected revenue from the airport to the government was expected to reach US$50 million per year, GMR observed, and almost US$100 million from 2021 as passenger numbers increased.

“In effect, GMR Male’ International Airport Limited’s contribution to the government would be over US$2 billion over the concession period of 25 years, which will make a very significant contribution to the economy of the Maldives.”

The government’s airport company, Maldives Airports Company Limited (MACL), complained that it was now facing bankruptcy as a result of the ADC deduction, and insisted that it could make MVR 60 billion (US$3.9 billion) over 25 years by developing and operating the airport on its own. It did not clarify where the investment would come from.

If the government considered GMR’s public offer, it made no sign. Instead, the Transport Minister backed MACL in ordering GMR to pay back the money deducted.

MACL Managing Director Mohamed Ibrahim had told local media that MACL’s agreement with GMR under the previous government to deduct the ADC payment was “null and void”.  He told reporters that the deal was no longer relevant as it had been agreed by the former MACL chairman, who had been replaced under the new government.  Ibrahim contended that charges could therefore no longer be deducted from GMR’s concession payment.

“We had informed [GMR] that the letter from the former Chairman of MACL was now invalid and hence must not be followed. In addition we had also informed that no deductions can be made from the concession fee,” he told local newspaper Haveeru.

The matter has now been sent to the Singapore court of arbitration, as per the concession agreement.

Escalation

The stand-off escalated in early August following a stop work order on the new terminal development, after the government alleged there were missing planning permissions from the Civil Aviation Authority.

“When the government decides that a project be stopped, we will make sure this happens,” said President’s Office Spokesperson Abbas Adil Riza at the time. “GMR have not discussed the construction with relevant authorities,” he claimed.

In the past week the government and assortment of former opposition parties now in power have stepped up their campaign to pressure the airport developer, with cabinet ministers holding a press conference during which they accused the World Bank’s International Finance Corporation (IFC) of “negligence” and “irresponsibility” in conducting the original bidding process.

The IFC dismissed the allegations: “The IFC’s advice complied with Maldivian laws and regulations and followed international best practices at each step of the bidding process to ensure the highest degree of competitiveness, transparency and credibility of the process,” the organisation stated.

Attorney General Azima Shukoor then announced she had asked the Supreme Court to rule on whether it had jurisdiction over the airport agreement.

“It is against the International laws and the United Nations Charter that any action that undermines any sovereign right of a sovereign state, it is clear that courts of a sovereign nation has the jurisdiction to look into any matter that takes place within the boundaries of that state as according to the constitution and laws of that state,” read a statement from the court.

“Even though a contract has an arbitration clause giving right to arbitrate in a foreign court does not limit a local courts jurisdiction to look into the formed contract, and it is clear that such limitations are in violation of UN Charters principles of sovereign equality, principle of sovereignty non intervention within domestic jurisdiction, principle of self determination rights,” the Supreme Court said, in an apparent affirmative.

Investor confidence

Meanwhile, the government-aligned Dhivehi Rayithunge Party (DRP) this week revealed President Waheed’s response to its letter requesting details of the implications of exiting the concession agreement with GMR – an apparent fee of US$700 million, although Minivan News understands that even if the government were to produce the money, under the concession agreement it would also be required to prove ‘public interest’ in the Singapore court of arbitration.

According to the DRP, President Waheed advised that it would be “extremely difficult” to make the payment given the country’s economic circumstances, and that cancelling the agreement would furthermore have a negative impact both on perception of the Maldives as a favourable destination for foreign investors, and Maldives-India relations.  Dr Waheed emphasised that the decision was ultimately one for the political parties in the unity government.

The following day, DRP MP Ali Azim called on President Waheed to resign, claiming that it was up to him to reach a decision.

“If Waheed is finding it too hard to come to a decision on the matter of GMR, he ought to resign immediately,” Azim told local media.

“Each of these parties have someone who is looking forward to running in the 2013 elections. Whether it be Gasim, Yameen or Thasmeen, they are all just waiting for 2013 to come around. Now if Waheed’s going to ask these men for advice, then he’s going to get tricked, isn’t he?” predicted the MP.

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