Housing Ministry takes dispute with MCC to Human Rights Commission

The Ministry of Housing and Infrastructure has decided to involve the Human rights Commission of Maldives (HRCM) in its ongoing feud with Male’ City Council (MCC).

The ministry has forwarded a case to police as well as the HRCM in relation to its civil servants who have been assigned to work at the Dharubaaruge conference center.

President of the HRCM Mariyam Azra confirmed that a complaint had been received today regarding the right to work of these civil servants. She said that the HRCM will work with the CSC to resolve the issue.

In one of a series of jurisdictional disputes in the capital, the Civil Service Commission (CSC) informed the MCC in April that its Dharubaaruge staff had been transferred to the Housing Ministry following a cabinet decision to transfer the conference centre to the central government.

Upon receiving the letter, the MCC sent all members of staff home and locked the doors to the conference centre.

This prompted a swift response from Housing Minister Dr Mohamed Muiz who declared that the centre had been closed unlawfully. Police were sent in and the centre forcefully reopened.

Dr Muiz told Sun Online that Housing Ministry staff had been arriving for work at the conference centre since mid-April and being forced to stand outside as the MCC refuses to accept the legality of the transfer of ownership.

The minister argued that this situation contravened the workers human rights.

“Eighteen civil service employees of Dharubaaruge have to stay out in the sun every day after reporting to work. They can’t enter Dharubaaruge to work. So whether it’s City Council or another institution, they are denying these employees their rights,” Muiz told Sun.

MCC Councillor Mohamed Abdul Kareem denied that this was the case and said that the MCC had made interim arrangements with the CSC.

“No, they are not waiting outside, they are working at the Housing Ministry. We have arranged a temporary permit with the CSC to use our civil servants in the Dharubaaruge until the legal dispute is resolved,” said Kareem.

Mohamed Fahmy Hassan, Chairman of the CSC said that there was no prospect of Housing Ministry staff gaining access to the building until the MCC had agreed to the transfer and a full inventory of the facilities and equipment had been conducted.

“We have instructed the Ministry of Housing to make arrangements for staff to sign up and go home until the situation with the MCC is dealt with,” said Fahmy, though he was unsure whether these instruction had been carried out.

The legal battle between the MCC and the government continued to smoulder this week as the police, responding to a request from the Home Ministry, requested an order from the Criminal Court to dismantle the Maldivian Democratic Party’s (MDP) Usfasgandu protest area.

This area was one of 32 plots of land given over to the MCC as part of the 2010 decentralisation act and was reclaimed by the Housing Ministry on May 9 after its warnings for political activities in the area to cease went unheeded.

After some deliberation, as well as pleas from the MCC, the Criminal Court decided that this Usfasgandu did not fall under its remit, leaving the police to consider its next move.

The Ministry has Housing and Environment was this week renamed the Ministry of Housing and Infrastructure following the creation of the Ministry of Environment and Energy.

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President Waheed expands cabinet

President Dr Mohamed Waheed Hassan has expanded his cabinet for the second time this month.

Dr Waheed this morning changed the name of the Ministry of Housing and Environment to the Ministry of Housing and Infrastructure and created a new ministry, the Ministry of Environment and Energy.

Former Minister for Housing and Environment Dr Mohamed Muiz has been reappointed to head the new infrastructure ministry, while Dr Mariyam Shakeela has been appointed to lead the Ministry for Environment and Energy. Both ministers were sworn in by Supreme Court Judge Abdulla Areef.

The division of the old Housing Ministry into two separate departments follow the division of the Ministry of Health and Family into the Ministry of Health and the Ministry of Gender, Family and Human Rights. Dr Ahmed Jamsheed was sworn in as Minister of Health while Dhiyana Saeed was brought into the cabinet as Minister of Gender, Family and Human Rights.

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Government feud with MCC moves to beach and park

The Housing Ministry has written to Male’ City Council (MCC) informing it that Sultan Park and the Artificial Beach areas of Male’ have been reclaimed by the government.

These areas represent two of the 32 land plots transferred from the Housing Ministry to the MCC after its establishment as part of the previous government’s decentralisation policy in 2010.

Dr Mohamed Muiz, Minister for Housing and Infrastructure, informed Sun Online that it was only the development rights that had been removed from these areas, insisting that the MCC would still be responsible for municipal services such as cleaning and maintenance.

Councillor Mohamed Abdul Kareem said that this was “proof that [the government] are politically motivated in other takeovers.”

“They are trying to take all the things handed over to the city council,” said Kareem.

The ongoing stand-off between government and MCC, which is dominated by the Maldivian Democratic Party (MDP), has been growing in intensity over the past two months.

The removal of these two areas from the council’s jurisdiction follows disputes over a number of areas in the capital which the MCC had allocated to the MDP for an ongoing series of protests. The reasons given for the jurisdictional challenges have varied in each instance.

  • March 19Lonuziyaaraiy Kolhu, “Justice Square” – The MDP camp was dismantled by security forces after a day of unrest in the capital. The government claimed illegal activities were being conducted in the area. It also claimed that the leasing of the land for political purposes was in contravention of the decentralisation act. The case remains stymied in the courts.

  • April 17Dharubaaruge Conference Centre – MCC informed that staff working at the centre would be transferred to the Housing Ministry. Police reopened the centre after the MCC locked the doors. The centre is currently still under the MCC’s jurisdiction.

  • April 18Huravee offices – The Housing Ministry informed the MCC that its staff were being evicted from their offices in the Huravee building to make way for two newly-created government ministries. The second of these ministries was  been officially introduced today. The MCC says the centre is still under its control.

  • May 9Usfasgandu – A letter in April informed the MCC that the land would be removed from their power if the MDP activities on the site were not stopped. The ministry again used the breach of the decentralisation act’s stipulations as justification for these breaches. Yesterday, the Home Ministry instructed the police to seize the area. Today, the police announced their intention to obtain a court order before taking further action.

  • May 21Artificial Beach – Government cites reclamation in order to develop the area.

  • May 21Sultan Park – Government cites “reasons of national security”.

The MCC has consistently denied the legality of these reclamations. Kareem said that the council will go to court to challenge the legality of the process of reclamation itself, rather than with regards to the individual cases, as he believes the government would prefer.

The reasons Muiz gave for today’s takeovers were the receipt of multiple requests to develop the artificial beach area and the importance of the Sultan Park area for national security.

Contrary to the development arguments cited by the Housing Ministry, Kareem argued that the MCC had intended to develop the area, something that the government did not want to see happen.

“They are trying to frighten investors”, Kareem alleged.

The importance of the area surrounding Sultan Park, mentioned as reason for the government’s takeover of this area, was highlighted by independent MP Mohamed Nasheed last month when speaking to Minivan News about a freedom of assembly bill entering the Majlis.

Nasheed stated that the unusual nature of the country meant that the area surrounding the state’s vital institutions must remain free from static protests, lest the security force’s ability to operate be jeopardised, reports Sun Online.

Dr Muiz was unavailable for additional comment when contacted by Minivan News.

Sultan Park lies on a short distance from the Maldives National Defence Force (MNDF) headquarters and the Maldives Police Service (MPS) headquarters in Republican Square.

Both the MDP’s original “Justice Square” camp as well as the one currently threatened at Usfasgandu were leased to the party by the MCC.

Interim MDP Chairman Moosa ‘Reeko’ Manik was today reported in the local media as saying that the MDP would make all of Male’ its base should the Usfasgandu area be cleared.

Kareem also reported that a petition, signed by 60 people was handed in to the Local Government Association (LGA) today criticising the MCC’s provision of services. Kareem argued that the MCC was in fact delivering services to thousands of people every day on a small budget.

Sun Online has reported that the petition criticised the council’s policy of not permitting certain religious speeches, which it argued was biased. The petitioners were also reported to have criticised the city’s maintenance of streets.

The MCC asked police to break up a speech given by Sheikh Ilyas Hussain on Friday which they argue had not been authorised.

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Police request court warrant to dismantle MDP protest site at Usgandu

Police have sought a warrant from the Criminal Court to dismantle the Maldivian Democratic Party (MDP) protest site at ‘Usgandu’, following a request made by the Home Ministry.

In a statement, police said the request was made to the court yesterday afternoon at 1:00pm.

Police said the Home Ministry had requested police implement a decision made by cabinet to reclaim the land from the MDP-dominated Male’ City Council, and give it to the Housing Ministry.

On May 9, the Housing Ministry wrote to Male’ City Council requesting it hand over ‘Usgandu’ to the ministry, however the Council declined to do so, police noted.

The statement said the land was given to Male’ City Council according to laws that placed state land under the jurisdiction of local councils.

MDP Chairperson and MP ‘Reeko’ Moosa Manik yesterday claimed that if police dismantled the MDP protest camp at Usgandu, protests would erupt all across Male’.

Moosa said that if their camp was dismantled, MDP supporters would gather near the Maldives Monetary Authority (MMA) – the same area the then-opposition aligned parties held a series of protests against former President Mohamed Nasheed.

Moosa added that the Uagandu was given by Male’ City Council to MDP according to the law, and that security forces had no right to restrict citizens from claiming a fundamental right such as freedom of assembly.

Following the controversial transfer of power on February 7, Male’ City Council allocated the empty area near the tsunami monument to the MDP, which set up a protest camp.

However on March 19, hours after President Dr Waheed Hassan Manik delivered his inaugural speech to the parliament, security forces raided the area, dismantled the camp and painted over anti-government graffiti, removing all trace of MDP from the area.

Male’ City Council subsequently granted Usgandu to MDP to conduct their political activities until the end of June. The MDP meanwhile filed a case against the dismantling of the tsunami monument site in the Civil Court, which is ongoing.

Police Spokesperson Hassan Haneef today told Minivan News that there were no updates on the story as of yet, adding that he had not been informed whether the court had issued the warrant.

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Defiant Male’ City Council refuses to hand over second MDP protest site

Male’ City Council has refused to comply with a cabinet decision last week authorising the Housing Ministry to take control of the ousted Maldivian Democratic Party’s (MDP) second protest site before May 14.

In a letter informing the ministry of its decision today, the city council insisted that the ‘Usfasgandu’ area was “temporarily leased” to the former ruling party in accordance with the Decentralisation Act, contending that the ministry did not have legal authority to reclaim council property.

The land plot behind Dharubaaruge (convention center) was leased to MDP in light of the current state of affairs, the letter explained, as there was “a need to find a way for large numbers of people to gather and conduct political activities” without inconveniencing residents of Male’ City.

As plans were in the pipeline to seek interested parties to develop the area, including “a swimming pool”, the letter continued, reclaiming the property, which was among 32 plots of land under council authority, would be “irresponsible”.

If criminal or unlawful activity was going on at the site as alleged by the government, the council suggested an investigation by the relevant authorities or litigation to resolve the issue.

The city council also sent letters to the Maldives Police Service and Maldives National Defence Force (MNDF) requesting that no action be taken to evict the protesters pending a ruling or judgment by a court of law.

Meanwhile, Deputy Housing Minister Abdul Muttalib told local media today that a decision had not been made over reclaiming the area as Housing Minister Dr Mohamed Muizz was presently overseas.

The ousted MDP’s first protest site at the tsunami memorial area was controversially cleared out by the security forces on March 19.

Two days later, the city council leased the Usfasgandu area to MDP until the end of June. However on April 10, the Housing Ministry informed the council of its intention to remove the party from its new base.

The government contends that the council was in breach of its parent legislation in leasing the land to MDP. In a statement last week, the President’s Office said cabinet deliberations concerned “the breach of agreement by the Male’ City Council (MCC) in utilising the land plots and other properties handed over to the City Council by the Ministry of Housing and Environment.”

The cabinet had therefore decided “to entrust the Minister of Housing and Environment with the authority to reclaim the properties from the City Council when required.”

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Cabinet confirms decision to take over second MDP protest site at Usfasgandu

The new Maldives’ cabinet has announced its decision to hand over the Usfasgandu area to the Ministry of Housing and Environment.

The area is currently being used for protests by the ousted Maldivian Democratic Party (MDP), after the party’s site near the tsunami monument was forcibly dismantled by police and military on March 19.

In a statement, the President’s Office said that during discussions concerning “the breach of agreement by the Male’ City Council (MCC) in utilising the land plots and other properties handed over to the City Council by the Ministry of Housing and Environment,” the cabinet had decided “to entrust the Minister of Housing and Environment with the authority to reclaim the properties from the City Council when required.”

Speaking with Mayor Ali Manik at the protest site, Minivan News was told that the government forces would arrive on May 14. Manik said he had received a letter from the Housing Ministry informing them of this plan at 1:30pm today.

Asked about the decision, Minister for Housing and Environment Dr Mohamed Muiz said that he was “not in a position to talk about that.”

The Housing Ministry informed the MCC one month ago that it intended to take control of the Usfasgandu area if the MDP activities did not cease.

During the same week in April the Housing Ministry was involved in a further dispute with the MCC after the re-allocation Dharubaaruge staff members from the MCC to the Housing Ministry.

This action prompted the council to lock the doors to the centre and send staff home. This action was subsequently described by Muiz as “unlawful” before policemen arrived to reopen the facility.

The following week the Housing Ministry informed the MCC by letter that it had less than 24 hours to remove its employees from the Huravee building in order to accommodate new government ministries.

Deputy Mayor of the Council Ahmed Falah maintains that MCC will refuse to accept these decisions and these disputes must be settled in the courts.

When asked about the current situation in the Huravee building, Falah said things were continuing “as normal. Still we are in there.”

The MDP’s international spokesman and Secretary General of the party’s parliamentary group Hamid Abdul Ghafoor, interpreted these actions as an attack on both freedom of expression and the decentralisation policies of the previous government.

“The coup administration is breaking up the decentralisation concept. The President’s Office is controlling everything – even down to the playgrounds on the islands. They are bringing back Gayoom’s policies of centralisation” said Ghafoor.

Ghafoor questioned the wisdom of the acquiescence of government-aligned parties in the face of such policies.

“They are also curtailing freedom of expression and freedom of assembly. The Dhivehi Rayyithunge Party (DRP) and the Progressive Party of Maldives (PPM) perhaps do not have a good concept of their basic human rights. Do their members consider what will happen to their freedom of expression? Their grassroots supporters may realise this too late,” Ghafoor continued.

The area behind the Dharubaaruge convention centre has been utilised by the now-opposition Maldivian Democratic Party (MDP) since security forces ejected them from their camp at the nearby tsunami monument on March 19.

Dubbed ‘justice square’, the camp in the Lonuziyaaraih Kolhu area, had become the hub for opposition demonstrations since the contentious transfer of presidential power on February 7.

The government’s allegations that these activities were of questionable legality prompted its dismantling of the camp and the subsequent court case brought by the MDP leadership.

The dismantling of the camp came at the end of a day on which MDP led protests at the reopening of the People’s Majlis had turned violent.

Multiple casualties were reported from both protesters and security forces. The headquarters of Villa Television (VTV), owned by leader of the government aligned Jumhoree Party (JP) Ibrahim Gasim, sustained significant damage.

The court case, the first incarnation of which was dismissed on a technicality, continues with the issue of land usage forming the backbone of the state’s defense.

The government has argued that the leasing of such public spaces for political activities violates the terms which govern the MCC’s stewardship of such areas.

Hassan Latheef, a member of the MDP’s legal team working on this court case, scheduled to resume on May 13, said that the government had “no grounds” to take the land from the MCC in either the case of Usfasgandu, nor that concerning Rahlugandu.

When asked about the government’s position on the use of council land for political purposes, Latheef argued that there was nothing in the decentralisation act that prohibits this.

“I do understand that anything is acceptable and expected in a police state. The country is being taken from the people by a few coup leaders. The Maldives is now a police state,” Latheef contended.

Blocking the steps leading to the raised area used for the MDP’s gatherings at Usfasgandu, a sign read: “No court order, don’t take this place.”

The original ‘justice square’ camp was leased to the MDP by Male City Council (MCC), itself established through the 2010 decentralisation act under the governance of former President Mohamed Nasheed.

In a clear refutation of this argument, the MCC made the decision to lease the Usfasgandu area to the MDP for a three month period within days of the party’s ejection from the tsunami monument area.

The MDP was widely supported by urban populations of the Maldives in last year’s local council elections, securing 100 percent of the council seats in Addu City in the south and Kulhudhufushi in the north, and nine of the 11 seats in the capital Male’.

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Housing Ministry accuses MCC of misleading the public in Huravee and Dharubaaruge dispute

The Housing Ministry has accused Male’ City Council (MCC) of misleading the public in laying the blame for potential service disruption following last week’s disputes solely at its door, according to Sun Online.

Last week the MCC was informed by the Housing Ministry that it’s Dharubaaruge staff were to be transferred to the ministry and a day later, that it had to vacate some of its offices in the Huravee building to make way for new government departments.

Following the latter incident, the MCC held a press conference in which it said: “These services [provided at the Huravee site] will be obstructed because of the Housing Ministry’s actions”.

The Housing Ministry rejected the claims made by the MCC that its actions were disrupting the Council’s provision of services.

“Following our request to vacate these premises, City Council told the media that this ministry obstructs public services provided by City Council – which is a purposeful attempt to mislead the public on this issue,” a Ministry statement is reported to have argued.

The Ministry is also reported to have said, “[We] made the request from City Council on two occasions, to hold discussions on the arrangements to be made following the transfer of employees [from Dharubaaruge] to this ministry, but [were] not met with a reasonable response from City Council.”

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Eviction will obstruct public services: Male’ City Council

Malé City Council (MCC) has said that attempts by the Housing Ministry to evict it from offices in the Huravee Building would affect public services.

Speaking at a press conference today, MCC Mayor Ali Manik said: “We are running a small government here. We oversee the pre-schools, look after the primary health care in all districts of Male’. We provide registrations to local businesses.  These services will be obstructed because of the Housing Ministry’s actions”.

The eviction notice has come amidst an escalating dispute between the MCC and the Ministry of Housing and Environment this week.

The Housing Ministry yesterday informed the MCC that the council had until 3:00pm on Thursday to vacate its offices. This led to police today attempting to prevent council members from entering their offices in the Huravee building.

Councillor Mohamed Abdul Kareem claimed that it took two hours for MCC employees to be allowed access to the building this morning due to the police’s “interfering”. He also complained that the MCC was not being allowed to take anything in or out of the building.

Spokesperson Sub-Inspector Hassan Haneef said that police were checking to ensure the building remained secure after receiving a complaint from the Housing Ministry that property was being removed from the building.

Minister for Housing and Environment Dr Mohamed Muiz had previously told local newspaper Haveeru that the council had been asked to vacate the offices in order to accommodate two new government ministries.

A similar dispute between the municipal council and the Housing Ministry took place this week concerning control of the Dharubaaruge conference centre and the Usfasgandu area. The MCC has leased the Usfasgandu area to the MDP for use in serial protests calling for early elections.

“If we play this around politically, only the people will suffer,” Dhivehi Rayyithunge Party (DRP) council member Ibrahim Shujau said, agreeing with the Mayor.

The damage that the political dispute could have on the people of the capital was made clear by Councillor Mohamed Abdul Kareem : “They are not disturbing the MCC, they are not disturbing the Maldivian Democratic Party, they are disturbing the citizens of Malé.”

Local media this week reported Housing Minister Dr Mohamed Muiz as claiming that the MCC would be able to move their Huravee operation to Male’ City Hall.

However, Kareem told Minivan News that the move “is not possible. The place is congested here [at the City Hall] already.”

“If we vacate [Huravee], services will be stopped,” he said.  

Kareem added that the council therefore wished to cooperate with the government in finding a solution. He claimed the MCC had not yet received any invitation for a discussion.

Shujau added that the Housing Ministry’s actions suggested they were “not willing to negotiate”. The DRP councillor claimed that the Housing Ministry wished to “overrule the Decentralisation Act” by preventing the council from providing services stipulated in the act.

Earlier in the week, the Housing Ministry informed the MCC that staff working at the Dharubaaruge conference centre were to be transferred to its department. The MCC subsequently locked the facility and sent staff members home.

Housing Minister Dr Muiz declared the act “unlawful”. Consequently, police arrived on the scene to re-open the building. Today a solitary policeman kept watch at the front of the building.

A member of the office staff on duty at Dharubaaruge today, who wished to remain anonymous, said that she was an MCC employee who had been drafted in to ensure services were maintained. She declined to comment further on the site’s staff situation.

The MCC has also announced its intention to challenge the legality of the Ministry’s letter giving notice of the staff changes.

When asked whether the dispute was expected to have any negative impacts on the provision of public services by the council, Chairman of the Civil Service Commission (CSC) Hassan Fahmy said that both the Ministry of Housing and the MCC had sufficient human resources to maintain services.

Fahmy added that the CSC had tried to talk with both parties to find an “amicable” solution to the Dharubaaruge dispute. However, the body’s chairman said that neither the Ministry of Human Resources or the MCC were willing to give ground. “I think this will have to be settled in the courts,” he added.

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Housing Ministry instructs MCC to vacate its offices at Huravee

Male’ City Council (MCC) has said it has today received a letter from the Housing Ministry requiring the body to vacate its offices based in the Huravee building by 3:00pm tomorrow.

Minister for Housing and Environment Dr Mohamed Muiz told the Haveeru newspaper that the council had been asked to vacate the offices in order to accommodate two new government ministries. He said that the work done by the MCC in these offices would be relocated to Male’ City Hall.

Minivan News was unable to reach the Dr Muiz for comment at the time of press.  However, Councillor Mohamed Abdul Kareem confirmed that the MCC had received the letter, which informed the council that its members were to be evicted from the offices which provide health services, trade, and registration services.

“The council has decided to make a public announcement saying that public services will be disrupted,” said Kareem.  “They [the Housing Ministry] are not obeying the law. They don’t want local government,” Kareem continued. “We have not yet decided to give over the property.”

A similar dispute between the municipal council and the Housing Ministry took place yesterday concerning control of the Dharubaaruge conference centre.  “They are not disturbing the MCC, they are not disturbing the Maldivian Democratic Party (MDP), they are disturbing the citizens of Male’,” Councillor Kareem claimed while discussing the two disputes.

Yesterday’s dispute arose after the Housing Ministry informed the MCC that its staff at Dharubaaruge were to be transferred to the Ministry of Housing and Environment.

This news prompted the MCC to lock the centre and send staff home for the day. Dr Mohamed Muiz described this action as “unlawful”.

Later in the day, Police were seen outside of the conference centre, where they drew the ire of MDP supporters gathered at a demonstration site set up at Usfangandu, an area of land adjacent to Dharubaaruge . Police Spokesman Hassan Haneef confirmed that three arrests had been made in the unrest that followed.

Earlier this month, the Housing Ministry informed the MCC that it intended to claim jurisdiction over Usfangandu, the site of the new MDP protest area. The ministry claimed that the use of the land for political activities was in contravention of regulations, a claim the MCC denied.

The MCC itself came into existence with the passing of the decentralisation act in 2010 under the administration of former President Mohamed Nasheed. The MCC consist of eleven councillors, nine of which belong to Nasheed’s MDP.

Sun Online has today reported that the MCC has filed a suit that disputes the legitimacy of the letter sent from the Housing Ministry regarding the transfer of staff at Dharubaaruge.

The Chairman of the Civil Service Commission (CSC) yesterday stated that “institutions and land belonging to central government can be changed by cabinet decision according to the rules.”

Decentralisation

Local media has since reported that the decentralisation bill itself came under scrutiny in the People’s Majlis yesterday.

Haveeru reported that MPs argued that the act needed root and branch reform rather than “piecemeal amendments” that had been presented before the parliament in order to make any changes more suitable to the country.

Sun Online reported on the same debate, covering the comments of Ahmed Siyam, who argued that the current constitutional set up of the nation would lead to financial disaster for the country.

“I think, unless we revise the laws, and especially the constitution, within the next two or three years, our economy will be completely destroyed. Our country will be left in poverty. Even if we look at this Parliament – it’s larger than any other Parliament in the world, and the government structure is top-heavy. Our economy is not able to survive on its income due to money not being used in the most optimal manner,” Shiyam is reported to have said.

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