Tag: government

Election Commission to establish units in Maldives atolls

Election Commission (EC) units manned by permanent staff are to be established in every atoll in the Maldives, local media has reported.

EC member Ali Mohamed Manik told local media that the units are to be established in 20 Atolls and that three members of staff will be employed at 13 of the 20 units.

While one assistant director and two other staff members will be employed at each of the 13 units, the remaining seven will only have an admin officer and an office assistant due to a lack of funds.

According to local media, the units are to be located at the atoll capital’s council offices, with five Atoll offices having confirmed availability of space for establishing the units.

EC President Fuad Thaufeeg told local media that the main task of the employees at the units would be to maintain the Atoll registries as efficiently as possible.

“We have difficulties in obtaining information, especially related to deaths. They would remove those people from the list. They would also work with preparing and holding by-elections,” Thaufeeq was quoted as saying by Sun Online.

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UN Special Rapporteur criticises “arbitrary” appointment of judges in Nasheed trial

The United Nations Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul, has criticised the appointment of judges presiding over the case against former President Mohamed Nasheed, for his controversial arrest of Criminal Court Chief Judge Abdulla Mohamed in 2011.

“Being totally technical, it seems to me that the set-up, the appointment of judges to the case, has been set up in an arbitrary manner outside the parameters laid out in the laws,” Knaul said, while responding to questions from media after delivering her statement on Sunday.

Nasheed is currently facing trial at the Hulhumale’ Magistrate Court, the legality of which has been much contested in recent weeks.

The Special Rapporteur commented on the matter of Nasheed’s trial being conducted by the Hulhumale’ Magistrate Court.

“According to the law, the constitutional court which has jurisdiction to hear this case is the Criminal Court. While I understand the concerns of the Prosecutor General’s (PG) Office regarding the possible eventual conflict of interest since Judge Abdulla sits in the court, it is not for the prosecutor to decide if the judge will be impartial,” Knaul stated.

“It is the duty of the judge or judges to recuse themselves when they feel they would not be impartial in presiding over any case,” Knaul said.

Speaking about the case of the detention itself, Knaul stated that judging by the briefings received in her meetings in the country, the detention seems to have taken place outside the parameters laid down by the constitution.

“Regardless of the merits of the allegations of corruption or misconduct on the judge, I do believe that proceedings against judges should also be fair and impartial,” Knaul said.

“I think in disciplinary proceedings, especially disciplinary hearings, a judge should have the right to a fair trial. And all decisions taken should be subject to an independent review.”

In presenting her preliminary findings after the eight day fact-finding mission, Knaul stated that she found the concept of independence of the judiciary has been “misconstrued and misinterpreted” by all actors, including the judiciary itself.

Knaul also spoke about the Judicial Services Commission (JSC) – the body mandated with appointment, transfer and removal of judges – stating that the commission is politicised, subject to external influence, and hence unable to fulfill its mandate effectively.

Knaul also highlighted the lack of transparency in the assignment of cases and the constitution of benches in all courts, including the Supreme Court.

“When cases are assigned in a subjective manner, the system becomes much more vulnerable to manipulation, corruption, and external pressure. Information on the assignment of cases should be clearly available to the public in order to counter suspicions of malpractice and corruption,” she observed.

Knaul asserted again that the composition of the JSC must be revised. She has written in her statement that “an appointment body acting independently from both the executive and the legislative branches of government should be established with the view to countering any politicization in the appointment of judges and their potential improper allegiance to interests other than those of fair and impartial justice.”

Responding to a question posed by a journalist asking if the rapporteur believed it wise for such a ‘high-profile’ case to be delayed, Knaul said that the judiciary should be effective for everyone who seeks justice.

“According to the constitution, the judiciary should not choose cases based on X,Y, or Z person. It should be equal in applying or delivering justice. It is necessary to have an objective criteria for selecting cases and to assign cases in court. If you apply these processes, you make the system work in the least subjective manner possible,” Knaul stated.

Government responds

Attorney General Azima Shakoor received the preliminary findings from Rapporteur Gabriela Knaul on behalf of the government of the Maldives.

“In the discussion the Government also noted the responsibility of international partners in establishing a conducive environment where institutions of the the State, particularly the judiciary, are respected by the public,” an official statement on the Ministry of Foreign Affairs website read.

The statement did not include any details of whether or not the government planned to take any action in response to the rapporteur’s findings and comments on the judicial system.

When the question was asked of President’s Office Spokesperson Masood Imad, he referred Minivan News to the Attorney General, saying “she is probably a more relevant person to talk about this matter.”

Attorney General Azima Shakoor said she was unable to speak on the subject once Minivan News posed the question to her.

The government also did not offer any response to the additional comments Knauls made regarding Nasheed’s trial after delivering her written statement.

MDP claims commitment to judicial reform

Responding to the Special Rapporteur’s findings, the Maldivian Democratic Party (MDP) has said it is ready to work with other political parties to immediately begin work on urgent reforms to the judiciary and the judicial accountability mechanisms.

“Establishing a truly independent, professional and widely respected judiciary is central to ending the political turmoil in the Maldives and to consolidating democracy in our country. We have always accepted this. Yet Gayoom, Waheed and others who have benefited and continue to benefit from our current corrupt and biased judiciary never have,” MDP’s international spokesperson, Hamid Abdul Ghafoor, said in a statement.

“Today, as we digest yet another report by an eminent international body that clearly says our judiciary is not fit for purpose, it is time for all political parties to put aside their differences and work together to urgently reform our justice sector. This means immediately halting the political trials launched against President Nasheed and the hundreds of pro-democracy activists currently facing ‘terrorism’ and other trumped-up charges. It also means establishing a caretaker government to oversee judicial reform and to prepare the ground for genuinely free and fair elections,” Ghafoor said.

The party’s statement also noted Knaul’s concern over the system of appointment of judges, stating “the Special Rapporteur expressed support for the concerns repeatedly raised by Aishath Velezinee, a former member of the JSC and whistleblower (who, in 2011, was stabbed and almost killed because of her outspoken comments), who said that the very starting point of judicial independence – the post 2008 Constitution system of screening and reappointing judges – was marred by malpractice and corruption.”

Referring to the rapporteur’s comments on selectivity in case assignment, prioritisation and bench constitution, the MDP alleged it had led to “hundreds of important cases against allies of former President Gayoom and members of the current government being kicked into the legal ‘long grass’, while the Prosecutor-General, the judicial administration authorities and the courts enthusiastically pursue political trials against President Nasheed and other MDP members.”

MDP echoed Special Rapporteur Knaul in stating that these deep-rooted problems had led to the public having an alarming lack of trust in the judiciary.

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Government plans to launch new scheme to empower local councils

Fifty percent of rent from atoll shops in Male’ and lease rent on uninhabited islands is to be given to atoll councils, the government has decided.

Speaking at a function marking the decentralisation of administration in the Maldives, President Mohamed Waheed Hassan Manik announced strategies for providing financial support to local councils, local media reported.

As of July this year, the government plans to give 50 percent of rent from atoll shops and uninhabited island lease rent to atoll councils.

The president noted that for the decentralisation system to work there would need to be equal assistance and opportunities for the people. To do this, Waheed said it would take local councils to set aside their political differences.

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Gayoom opts out of PPM presidential primary

Former President Maumoon Abdul Gayoom has announced he will not be competing in the Progressive Party of Maldives (PPM) presidential primary scheduled for next month.

Local media reported that the former president made his decision via a one-page statement declaring: “I have decided not to take part in the PPM presidential primary scheduled to be held on the 30th of next month”.

Gayoom, appointed president of the party earlier this year, stated that “there are people within PPM leadership who are capable of fulfilling the Maldives presidency”.

Gayoom’s statement comes after he told Sun Online on February 19 that he would announce his decision regarding the party’s presidential primaries in nine days.

“I have made a decision, God willing, on how I will proceed. But I do not want to announce it here.  When these nine days pass, it will be known whether I will compete or not,” Gayoom told Sun Online earlier this month.

So far, Gayoom’s half-brother PPM MP Abdulla Yameen and PPM Interim Deputy Leader Umar Naseer are the only two candidates competing in the upcoming presidential primary.

Retiring from politics

In February 2010, Gayoom announced that he was retiring from politics after endorsing Ahmed Thasmeen Ali as leader of his former party, the Dhivehi Rayyithunge Party (DRP).

However, in September 2011, the former president opted to form the PPM after resigning from his position as ‘Honorary Leader’ (Zaeem) of the DRP.

Speaking to press back in 2011, Gayoom said he made the decision based on the assurance that the DRP would function “according to certain principles.”

“At the time and even up till yesterday, I was at the most senior post of one of the largest political parties in the country,” he said.

“So how can it be said that the person in the highest post of a political party is not involved in politics? Up till yesterday I was in politics. Today I am forced to create a new party because of the state of the nation and because it has become necessary to find another way for the country.”

As “a lot of citizens” had pleaded with him to form a new party, Gayoom said he made the decision to return to Maldivian politics as “a national obligation.”

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Uncertainty the only certainty in Maldives capital

As tensions between the Maldives’ government and India continue to rise over allowing former President Mohamed Nasheed high commission refuge from his arrest warrant, conspiracies spread through social media networks are furthering uncertainty in the capital.

The rumours first came around 10:00pm – and social media was quick to respond.

Former President Nasheed was once again facing a warrant for his arrest, in what his party contend are a politically-motivated attempt by the country’s compromised courts to bar him from standing for election.

With both the government and Indian officials claiming yesterday evening they were unaware of any new arrest warrant, the real drama – it seemed – was happening on Twitter.

One prominent representative for the Nasheed-aligned opposition Maldivian Democratic Party (MDP) wrote on the social media site yesterday:

“Local media reports new Court order to Police to Present Prez Nasheed before court on Wednesday [February 20]. Will the police barge into the Indian HC?”

Other social media users were quick to respond in a manner critical of the former president’s actions:

“police might nt barge in.. but that doesn’t mean indian high commission is not hiding the suspected criminal@MohamedNasheed.”

Fanciful tales from either side of the Maldives political divide are nothing new. Yet it is a sign of either the impact of social media, or the diplomatic unease between Male’ and the Indian government, that the prospect of a police raid on diplomatic territory or a one-time head of state being smuggled out of the country can hold any credibility.

Nasheed has been in the chancery building since Wednesday (February 13), pulling India into domestic Maldivian politics.

How long he is able to remain there is uncertain, considering pressure from senior government figures that he be handed over to face trial.

The tweets hinted that a hugely significant event in an already turbulent period in Maldives history was on the verge of coming to pass.  There was just one problem: neither the government or the High Commission of India were aware of any plot or conspiracy to remove the former president from his sanctuary.

Had India been made aware of attempts to re-issue an arrest warrant and possibly bring Mr Nasheed into custody? “Not yet,” said an Indian High Commission source.

Had the government heard of whether judicial authorities and police would be taking proceedings against the former president? “No, not heard of it before,” a government official responded off the record.

Rumour and uncertainty were once again the driving force of political discourse concerning the government, Nasheed and the Indian High Commission.

Outside the Indian High Commission building at 10:30pm last night, staff were servicing a sedan car and seemingly working to ensure nothing was visible through  its back seat windows. Meanwhile, police officers at infrequent intervals would pass the commission building on their way to deal with a third consecutive night of demonstrations.

Most of the officers paid little attention to diplomatic building at the centre of the nation’s latest political turmoil. However by midnight, a handful of officers had set up temporary barricades outside the chancery.

At the same time, MDP protesters made their way to barriers set up around the corner on Sosun Magu.

Was this the beginning of an audacious attempt to retrieve the former president from his diplomatic confines? The relatively free passage of tourists, students and a small number of locals through the nearby barricades suggested not.

Half an hour later, a single figure finally appeared from the high commission building – surveying the scene up and down the street before entering the sedan and quickly reversing the vehicle into a concealed garage area. The vehicle’s lights remained visible for a few minutes behind the garage door – then they were switched off.

Things remained quiet until 1:30am, when two police officers guarding the temporary barricades outside the Indian High Commission building took notice of some discarded material staff had left behind after the servicing of the vehicle.

The material raised great interest from one of the officers as he lifted a thin piece of dark tape up to eye level for further inspection. He called over his fellow officer.  Then for a brief moment, they engaged in what appeared to be a game of peek-a-boo before returning to manning their barricade.

The street, as for the last three hours, returned to relative silence.

By morning, Nasheed – as far as anyone knows – remained in the high commission. Meanwhile, diplomatic relations between India and Maldives, though reportedly strained, are still being observed.

Nasheed, it is confirmed, is to be summoned before the courts in 48 hours time.  His immediate future remains unknown.

In the Maldives capital it seems, the only certainty remains uncertainty.

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Further protests as MDP calls for international community to be “mindful” of Maldives judiciary

The Maldivian Democratic Party (MDP) has called for the international community to be “mindful” of the status of the Maldives judiciary, claiming it to be systematically flawed and biased.

The party’s sentiments were echoed in last night’s (February 16) protest as thousands of supporters of Nasheed once again took to the streets of Male’.

The former President has been inside the Indian High Commission since Wednesday afternoon after he sought refuge from a court warrant ordering police to present him before the Hulhumale’ Magistrate Court.

Nasheed and his party have maintained that the charges – of illegally detaining Chief Criminal Court Judge Abdulla Mohamed prior to his controversial resignation on February 7, 2012 – are a politically-motivated attempt to prevent him from contesting presidential elections scheduled for later this year.

In contrast to Friday night’s protest, where 55 people were arrested following clashes with police, demonstrators last night took part in a “seated protest” in the intersection between Majeedhee Magu and Chaandhanee Magu.

Maldives Police Service (MPS) Spokesperson Sub Inspector Hassan Haneef told Minivan News today that while there had been no arrests made, a vehicle belonging to the Police Family and Child Protection Department was set on fire.

Police also allege that protesters set fire to a police barricade in the early hours of the morning.

However, MDP Spokesperson Hamid Abdul Ghafoor claimed the circumstances surrounding the barricade fire were suspicious.

“There had been reports that a police barricade was set on fire by protesters. However police tweeted about the fire two minutes before it actually happened,” Hamid claimed.

Minivan News observed around 4,000 demonstrators at last night’s gathering and witnessed multiple charges at the crowds by riot police.

MDP concern over Nasheed’s trial

A statement released by the MDP yesterday expressed concern regarding the trial of former President Mohamed Nasheed, adding that the status of the judiciary and rule of law in the country was not conducive to ensuring a fair trial for the former president.

The statement accuses judges within the Maldives judiciary as being “under qualified, of dubious moral character, corrupt with political bias, and unduly influenced by members of the former regime”.

“When international actors refer to rule of law and due process, it is only a presumption that rule of law exists in the Maldives,” Ghafoor stated.

“When calling for rule of law in the Maldives our international partners must bare in mind the current state of the judiciary, and its ability to conduct a fair trial.”

Speaking to Minivan News on Thursday, trial observer Stephen Cragg, who compiled a report on Nasheed’s trial, said it was clear the former president was concerned he would not receive a fair trial with the current judges on the case.

Cragg visited the Maldives last year on behalf of the Bar Human Rights Committee (BHRC) to observe the hearings of former President Nasheed’s trial.

“I think it is clear that Mr Nasheed is concerned that he will not get a fair trial if the case goes ahead with the current judges due to hear the case, and his action is likely to highlight those concerns internationally,” Cragg said.

The report compiled by Cragg notes: “BHRC is concerned that a primary motivation behind the present trial is a desire by those in power to exclude Mr Nasheed from standing in the 2013 elections, and notes international opinion that this would not be a positive outcome for the Maldives.”

In the statement, the MDP welcomed calls from India, United Kingdom, United States, the Commonwealth, United Nations and the European Union for a free, fair and inclusive presidential election in the Maldives.

On Friday, EU High Representative Catherine Ashton said she was following the latest developments “with concern” and “called on all parties to refrain from actions or statements which are liable to inflame the political climate in the country”.

“I underline the urgent need to resume dialogue between the parties, so as to ensure that the presidential elections set for September 2013 are credible, transparent, inclusive and fully representative of the wishes of all Maldivians, and so that the reforms identified by the Commission of National Inquiry in August 2012 can be rapidly implemented,” she said in a statement.

President of the Maldives, Mohamed Waheed Hassan Manik released his own statement yesterday condemning Nasheed’s actions on Wednesday.

“I am dismayed that the former President Nasheed sought refuge in the Indian High Commission in Male’ when he was summoned to the court. The court order which required the Police to arrest Nasheed and have him appear before the court was due to his refusal to attend court hearing. It had expired at 1600 hours on the 13 February 2013, and there is no reason for him to remain in the High Commission and to instigate street violence.

“The court order has nothing to do with my government. Upholding the rule of law means nobody is above the law. I would like to assure the people of Maldives that the law and order will be maintained,” the President’s statement reads.

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Disappointment over low government turnout at One Billion Rising event

Organisers at One Billion Rising in the Maldives have expressed disappointment over the number government officials who failed to attend the event, aimed at ending violence towards women.

The international campaign was launched in the Maldives on Thursday (February 14) by NGO Hope for Women at Jumhooree Maidhaan in Male’.

The One Billion Rising campaign began after research revealed that one in three women around the world will be raped or beaten in their lifetime.

The gathering in Male’ featured live music and dance performances, and saw many young men and women in the crowds dancing together.

Despite the event’s popularity with youth in Male’, Chair of Hope for Women, Aneesa Ahmed, said the poor turnout from government officials “showed their lack of commitment” in tackling the issue of violence against women.

“We have been working alongside the Ministry of Gender, Family and Human Rights, and they have invited all government agencies and ministries, but I have hardly seen any of them here,” she said.

“I really don’t know what to say – the commitment is just not there. In the last few years nothing has really been done to help this particular cause,” Aneesa said.

Speaking to Minivan News, President’s Office Media Secretary Masood Imad said that the government was a broad entity consisting of many ministries and that he had not been aware of any specific invite to members of the government.

“As I understand, Acting Minister of Gender, Family and Human Rights] Dr Mariyam Shakeela attended. Some other ladies from the the government were there,” he said.

Masood said a member of staff from the President’s Office had also attended the event, as he had “skipped a meeting he was supposed to attend”.

Last month a study by Human Rights Commission of the Maldives (HRCM) found that support for women’s equality in the country had experienced a “significant drop”.

The report found that fewer respondents – compared to the 2005 survey – believed that women should have equal rights to men.

Aneesa said that the event was aimed towards the younger generation in the Maldives as they do not possess the “prejudices” elderly people have in regard to equality.

“I am particularly happy because there were so many young people here, it is very encouraging. These people will stand up against violence, they are going to be a very strong force.

“In the past few years we have this increasing influence of conservatism in the country and because of this the older generation are more cautious about coming to such an event. Things like dancing, as you see today, we are not supposed to do this,” Aneesa added.

Speaking at the event, Heat Health and Fitness Managing Director Aishath Afra Mohamed spoke about her concerns regarding violence against women in the Maldives.

“Some men are trying to keep their wives in the house, they don’t want women to work and socialise with their friends. They are very possessive.

“The rate of violence is going up and women are keeping quiet about it here. But this event is good to see, the more we make light of the matter, the better it will be,” Afra added.

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MVR 11.7 million awarded to nine political parties from state budget

MVR 11.7 million (US$762,215) has been awarded to nine political parties from the state budget according to local media.

Secretary General of Elections Commission (EC) told local media that the Maldivian Democratic Party (MDP) had been awarded MVR 3.6 million (US$ 234,527) alone – the most money given to a political party this year.

Out of the 16 political parties registered at the EC, the nine that were awarded money include: MDP Dhivehi Rayyithunge Party (DRP), Adhaalath Party (AP), Maldives National Congress (MNC), Jumhooree Party (JP), Dhivehi Qaumee Party (DQP), Progressive Party of Maldives (PPM) and Maldives Development Association (MDA).

PPM received a total of MVR 1.98 million (US$128,990), DRP were awarded MVR 1.9 (US$123,778) million and JP received MVR 1.2 million (US$78,175).

Islamic Democratic Party, Maldives Social Democratic Party, Social Liberal Party, People’s Party, People’s Alliance, Maldivian Labour Party and Maldives Reform Movement, received no funding from the EC.

President of the EC, Fuad Thaufeeq, told local media that some parties were not awarded the money this year due to the commission being unable to contact them through the details the party had provided.

Parties were also not awarded money due to lacking the minimum number of members required by political party regulation.

The EC will disburse money to the political parties if the courts issue an order to do so, local media reported.

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Tourism budget for 2013 increased by MVR 60 million

The tourism budget for 2013 has been increased from MVR 20 million (US$1.2 million) to MVR 80 million (US$5.1 million), local media has reported.

The budget increase follows criticism from the Maldives Association of Tourism Industry (MATI), which last month called for the government to reconsider the MVR 20 million budget allocated for tourism marketing in 2013.

The initial sum of money allocated was the lowest in eight years, according to a statement from MATI, which highlighted concerns that the Maldives’ economy was mostly reliant on tourism.

Tourism Minister Ahmed Adheeb told local media that the ministry had initially requested a budget of MVR 200 million (US$12.9 million) to carry out tourism promotion for the year, however parliament had “erased a zero” from the figure when finalising the budget.

Adheeb noted that while tourism promotion is expensive, the revenue generated from the industry “drives the entire engine”.

“When we put down MVR 200 million, the government authorities don’t actually realise the priority that this requires. Parliament erased a zero from the MVR 200 million we proposed, and gave us MVR 20 million,” he told Sun Online.

“Then we had to work in all other different ways, and now the Finance Minister has committed to give us MVR 60 million more.”

Adheeb claimed that government institutions did not realise the importance of promoting tourism.

In 2012, the ministry set a target of welcoming one million tourists into the country.  It was allocated a MVR 70 million (US$4.5 million) budget to conduct marketing activities to help achieve that goal.

Figures released last month revealed that the tourism ministry failed to reach the one million mark by roughly 42,000 arrivals.

Despite the political turmoil that enveloped the country at the beginning of 2012, the figures showed that there had been a 2.9 percent increase on the total number of arrivals in 2011.

Tourism promotion efforts last year included a US$250,000 (MVR 3.8 million) advertising deal to promote the tourism industry on the BBC and a £93,000 per month (US$150,000) contract with public relations group Ruder Finn in an attempt to improve the country’s image following political unrest in 2012.

Despite the increased expenditure, tourism growth slowed to just 0.7 percent in 2012, compared to 15.8 percent in 2010 and 9.1 percent in 2011.

The government’s forecast for economic growth in 2013 is 4.3 percent.

Adheeb told local media yesterday that the government had “re-set” its sights on reaching the one million arrival target in 2013, and said there were plans to participate in a number of fairs and promotions  to attract more publicity.

“If we can fully establish the Maldives brand, we can promote Maldives and subsequently increase room rates. Every single dollar we spend on marketing will give a large amount of money in return,” he said.

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