US challenges Maldives’ prosecution of terror suspects, among concerns over rising radicalisation

The US State Department has reported there were no successful prosecutions of suspected terror suspects during 2011 in the Maldives, and raised wider concerns about the potential radicalisation of young people from the country in foreign madrassas.

According to the US government’s recently published “Country Reports on Terrorism 2011”, the Maldives was viewed to have “severely limited” legislation to prosecute alleged cases of terrorism and extremism in the country’s courts.

While the Maldives government said it was presently looking to address several security and terrorist threats, such as piracy and organised crime, through existing legislation and proposed legal amendments, it moved to deny any truth in claims Maldivian citizens were being radicalised at Pakistan-based madrassas.

President’s Office spokesperson Abbas Adil Riza said that the government was presently collecting information in regards to the issue of radicalisation in the country.  He stressed active steps had been taken against permitting clearance for local students to study in any madrassas in the country.

“No Maldivians right now are being trained in Pakistani madrassas.  Steps are being taken to ensure this with the Ministry of Foreign Affairs and authorities in Pakistan,” he said. “We will not issue visas to go there in this regard. So to say that such a threat exists is definitely not true.”

Key threats

In addressing other key threats to the nation, Abbas claimed that the incursion of pirates from Somalia into the Maldives’ territories on two reported occasions, as well as human trafficking resulting from organised crime were seen as “particular dangers”.

“The threat we currently face from pirates and traffickers is being dealt with via existing legislation, as well as some new amendments that have presently been proposed in parliament,” he said.

Abbas said the new government had not opted to make any drastic changes to existing counter-terror policy enacted under former President Mohamed Nasheed’s administration.

“We will not be making a 180 degree reversal on the last government’s stance,” he said, adding that a focus on further legislation would be sought under President Dr Mohamed Waheed Hassan.

US State Department view

According to the US State Department, the American government was partnering with Maldivian counterparts in attempts to “strengthen” law enforcement in the Indian Ocean nation.  The US was also said to back establishing community outreach schemes based around countering terrorist ideologies, as the state department stressed alleged radicalism remained a concern in the Maldives.

“The government believes that hundreds of young Maldivians attended madrassas in Pakistan and Saudi Arabia, and was concerned that these students were bringing home radical ideology,” stated the report. Two Maldivians, in separate instances in March and October, were arrested in Sri Lanka on charges linked to terrorism. Their cases were pending at year’s end.”

One of the suspects, Mohamed Ameen, was released from police custody in May ths year by the criminal court after it did not issue an extension to his detention period.

Local media reported that the suspect was released by the court “on the condition that he not get involved in any further terrorist activities, and not leave the country.”

Beyond legislation, the report also pointed to the signing of an agreement signed with Malaysia-based IT group Nexbis to install a new border control system with an integrated database in an effort to try and combat human trafficking into the country.

“However, alleged corruption concerns and subsequent legal proceedings made it unclear when the system would be installed,” the report stated.

The Maldives was last month included on the US State Department’s Tier Two Watch List for Human Trafficking for a third year in a row.

The US State Department added that the Maldives, during 2011, had become a partner in its Antiterrorism Assistance programme focused on training in areas such as “counterterrorism leadership”, as well as regional cooperation with other authorities.

The report also noted the Maldives inclusion in the regional Asia/Pacific Group on Money Laundering, where it had been submitting annual updates on its work.

“Maldives underwent a mutual evaluation conducted by the International Monetary Fund (IMF), and the final evaluation report was adopted by the members in July 2011.  Maldivian law does not criminalize money laundering apart from a small provision in the Drugs Act. The Maldives Financial Intelligence Unit took the lead in drafting an Anti-Money Laundering and Combating Financing of Terrorism act with assistance from the IMF,” the report stated.

“The draft bill was sent to the Attorney General’s Office in July 2010 and was sent back to the Maldives Police Services and the prosecutor general for review and comment. In July 2011, Maldives Financial Transactions Reporting came into effect, which aims to safeguard Maldives financial and payment systems from being used to promote acts of terrorism and money laundering, and to protect financial services and products from being used to conceal the proceeds of crime.”

According to the state department, the UN 1267/1989 and 1988 consolidated lists detailing individuals or entities with associations to the Taliban and al-Qa’ida had also been sent to the Maldives Monetary Authority (MMA) through the Ministry of Foreign Affairs. The MMA was said to have instructed banks creditors to then take acton on the matter with a set time frame, according to the report.

As part of the US State Department’s findings during 2011, recognition was also given to efforts made by the Maldives government to pursue intiatives and mechanisms designed to counter “violent extremism”.

“The Ministry of Islamic Affairs implemented a programme designed to mobilise religious and social leaders to work against all forms of violence in society, including religious extremism that leads to violence,” stated the report. “The Ministry conducted over 15 seminars and workshops for religious leaders, educators, and local government officials. Several of these workshops included participants from across the country.

“Ideological problems”

Islamic Affairs Minister Sheikh Mohamed Shaheem Ali Saeed said in June that he was seeking to counter the “ideological problems” of extremism in the country.

Shaheem claimed that the threat of home-grown terrorism was a key issue needing to be addressed in the Maldives – something he alleged the previous government under former President Nasheed had neglected to assist with through funding.

“The previous government did not give us the budget we needed to run programmes to address these issues,” he said at the time. “There are problems here with extremism and terrorism, these are idealogical problems that need to be targeted through religious awareness campaigns.”

Shaheem himself previously served under the Nasheed government as Islamic State Minister before resigning in December 2010 over differences of opinion with the administration over issues such as claims it was strengthening links with Israel.

However, the now opposition Maldvian Democratic Party (MDP) – to which Nasheed remains the current presidential candidate – was sceptical of the commitments of religious figures attached to the Waheed administration. It contends the government came to power on February 7 in a “coup d’etat”.

Party Spokesperson and MP Hamid Abdul Ghafoor claimed that with the MDP failing to recognise the legitimacy of the current government, the same was true for ministerial appointments like Sheikh Shaheem.

Ghafoor also alleged that issues such as Islamic fundamentalism were a well established tool used during the 30 year rule of former President Maumoon Abdul Gayoom to pit different factions in the country against each other, something he believed was once again happening with the present government.

“I see Shaheem as a just a little cog inserted into the larger machine of Gayoom’s political control,” he said.

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UN Human Rights Committee calls for widespread institutional reform in the Maldives

The UN Human Rights Committee (UNHRC) has urged the Maldives to guarantee citizens’ right to democracy, permit freedom of religion, reform the Judicial Services Commission (JSC), abolish flogging and the death penalty, and deal with human trafficking, among other recommendations.

The  Committee has issued concluding observations regarding the Maldives’ commitment to universal human rights, following the country’s defence of its record in Geneva on July 12-13.

The Maldivian delegation to the UNHRC was headed by Home Minister Dr Mohamed Jameel, a former Justice Minister during the 30 year rule of President Maumoon Abdul Gayoom and co-author of a pamphlet entitled ‘President Nasheed’s devious plot to destroy the Islamic faith of Maldivians’, published in January 2012.

Dr Jameel was accompanied by State Minister for Foreign Affairs, Dunya Maumoon – Gayoom’s daughter – as well as the Maldives’ Permanent Representative in Geneva, Iruthisham Adam.

Religion

A core concern of the committee involved the Maldives’ reservation to Article 18, concerning freedom of religion, the validity of which was questioned by the committee on the basis that it was “not specific, and does not make clear what obligations of human rights compliance the State party has or has not undertaken.”

Particular concerns included the tying of religion to citizenship, prompting the UNHRC to call on the country to revise its constitution, and abolish the crime of apostasy in legislation.

The committee also expressed concern about the clause in the constitution enabling the limitation of rights and freedoms “in order to protect and maintain the tenets of Islam”, challenging the broadness of the clause and warning that such a provision could be “invoked to justify the failure by the State party to fulfil its [human rights ] obligations”.

Concern was also raised about the criminalisation of homosexuality, and the “stigmatisation and marginalisation of homosexuals in [Maldivian] society”.

For its part, during its defence, the Maldives’ delegation stressed that the country was a homogeneous society and spoke one language and followed one religion, adding there was therefore no debate in Maldivian society regarding the removal of the provision relating to freedom of religion.

“This is not dogmatic government policy or preference, but rather a reflection of the deep societal belief that the Maldives always has been and always should be a 100 percent Muslim nation. Laws, like government, should be based on the will of the people,” Dunya told the panel.

Controversial transfer of power

The Committee noted in particular “the legal and political circumstances” under which the Feburary 7 transfer of power took place, and called on the government to ensure a citizen’s right to self determination – “ which lies at the core of democratic government based on the consent of the people.”

The report called on the Maldives to ensure that the Commission of National Inquiry was able to function “in conditions guaranteeing its complete independence and impartiality”, and called on the government “as a matter of urgency” to protect individuals who had provided information to the inquiry.

Torture inquiry commission

The UNHRC called for the government to establish an independent commission of inquiry to investigate “all human rights violations, including torture that took place in the State party prior to 2008 and provide compensation to the victims.”

The Committee should further investigate all allegations of torture that took place at the time of the demonstrations of February 8, 2012, in Malé and Addu, prosecute those responsible, and provide compensation and rehabilitation to the victims. The State party should implement the findings of the Commission of Inquiry set up to investigate events that took place during the political transition period.”

The committee also expressed concern at the composition of the police integrity commission, which was “hampering its independence”, and said it was concerned at the low number of cases relating to torture and ill-treatment received by the Commission as well as at the low number of police officers sanctioned.”

Legal reform

The composition and the functioning of the Judicial Services Commission (JSC) was “seriously compromised”, the UNHRC observed, a state of affairs which was affecting the independence of the judiciary “as well as its impartiality and integrity.”

“The Committee is concerned that such a situation undermines the judicial protection of human rights and fundamental freedoms in the Maldives,” the report stated, and called on the government to reform the JSC.

The UNHRC also called on the Maldives to abolish flogging and the death penalty.

Human trafficking

The committee expressed particular concern over reports relating to “trafficking in migrants from neighbouring countries for labour and sexual exploitation purposes.”

“No legislation has yet been enacted by the State party to prevent and protect against trafficking in persons. The Committee is further concerned at the lack of statistical data on the number of trafficked persons, the investigations conducted, the number of prosecutions and convictions, and the protective measures put in place, as well as the absence of a strategy to combat trafficking,” the Committee stated, calling on the government to study the root cause of the problem, provide data, punish traffickers, and provide protection to victims.

Domestic violence

Positive observations included the enactment of an Anti-Domestic Violence Act in April 2012, although the committee expressed concern at the low rate of complaints lodged for domestic violence, and at the lack of effective mechanisms of protection and rehabilitation for victims.

“The State party should take the necessary measures to implement fully the Domestic Violence Act. It should facilitate complaints from victims without fear of reprisals, intimidation or exclusion by the community; investigate, prosecute and punish those responsible with appropriate penalties; and provide compensation to victims. The State party should further establish a proper mechanism of protection, including by setting up shelters and by providing psychological rehabilitation and conduct awareness-raising campaigns on the negative impacts of domestic violence,” the report noted.

The Maldives is required to respond within one year detailing how it had implemented the Committee’s recommendations.

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“No legal barrier” to implement Nexbis system: immigration controller

Controller of Immigration and Emigration Dr Mohamed Ali has said there is “no legal barrier” preventing the implementation of a border control system (BCS) developed by Malaysia-based security solutions firm Nexbis.

Dr Ali told Minivan News today Nexbis could continue with introduction of a new biometric BCS system after the Supreme Court in June invalidated a High Court injunction blocking work on the project in May.

The controller made his comments after Home Minister Dr Mohamed Jameel Ahmed maintained calls in local media to halt the BCS installation, citing allegations of corruption involving the deal.

Dr Jameel claimed a letter requesting work on the project to cease in line with the recommendations of Attorney General Aishath Azima Shakoor and the country’s Anti Corruption Commission (ACC) had been sent to the immigration controller.

“The government is also of the same view pertaining to the continuation of the project. We urge the project be taken forward with the recommendations of the AG and the ACC. As far as I’m aware, it is the stand of the government,” he was quoted as saying by Haveeru.

President’s Office spokesperson Abbas Adil Riza was not responding to calls at the time of press regarding the comments attributed to Dr Jameel.

The legal dispute between the Anti-Corruption Commission (ACC) and Nexbis escalated last week after the High Court ordered police to investigate claims made to the ACC that Chief Judge of the High Court Ahmed Shareef met officials from the company in Bangkok.

The dispute concerns the deployment of a border control system, specifically the installation of an electronic border gate system in Male’s Ibrahim Nasir International Airport (INIA), bringing technological upgrades such as facial recognition, fingerprint identification and e-gates to the Maldives.

The Rf500 million (US$39 million) deal had stalled after the ACC alleged corruption in the bidding process, leading to a ongoing series of high-profile court battles and delays that led the Malaysian firm to threaten legal action against the Maldivian government should it incur losses for the work already done on the project.

In May 2012, the project was brought to a standstill by a High Court injunction and a raid on immigration offices by ACC staff. At the time the Rf10 million (US$650,000) first phase of the border control project had been completed, according to local media reports.

Speaking today, Immigration Controller Dr Ali claimed that, in light of the Supreme Court’s decision to overrule the injunction, Nexbis had continued its work to install the system from where it had previously been halted.

“In the absence of a legal order and unless I get a decision from the cabinet, there is nothing that I can do on this issue,” he said. “The government wanted a biometric system to stop the smuggling and trafficking of people.”

Dr Ali added that with the Maldives having already signed up to conventions pledging to try and more effectively combat Transnational Organised Crime like human trafficking, new systems were needed to help meet these aims.

“From our own experience, we have found people being trafficked back into the country even after they have previously been deported,” the controller claimed.  “A system like this should put a stop to that.”

Trafficking concerns

The Maldives last month featured in the US State Department’s Tier Two Watch List for Human Trafficking for the third year in a row.

Having “not demonstrated evidence of increasing efforts to address human trafficking over the previous year”, the country only narrowly avoided a descent to Tier 3 – the worst category – after presenting a written plan on its commitments, claimed a corresponding US State Department report.

According to the report, implementation of the government’s written plan, “would constitute making significant efforts to meet the minimum standards for the elimination of trafficking.”

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Maldives on Tier 2 Watch List for Human Trafficking three years running

The Maldives has appeared on the US State Department’s Tier Two Watch List for Human Trafficking for the third year in a row.

Having “not demonstrated evidence of increasing efforts to address human trafficking over the previous year”, the country only narrowly avoided a descent to Tier 3 – the worst category – after presenting a written plan that, “if implemented, would constitute making significant efforts to meet the minimum standards for the elimination of trafficking.”

Particular areas of criticism included “a lack of systematic procedures for identifying victims of trafficking among vulnerable populations, and not taking sufficient law enforcement steps or concrete actions to protect trafficking victims and prevent trafficking in Maldives.”

“Counter-trafficking efforts are impeded by a lack of understanding of the issue, a lack of legal structure, and the absence of a legal definition of trafficking.”

The report noted that in 2011, “13 suspected victims of human trafficking and two suspected human traffickers were intercepted and deported in three cases of human trafficking identified at the Ibrahim Nasir International Airport (INIA).”

The Maldivian government’s response to trafficking victims was to deport them, the report noted, without providing access to services “such as shelter, counseling, medical care, or legal aid.”

“It did not provide foreign victims with legal alternatives to their removal to countries where they might face hardship or retribution,” the report noted. “Authorities did not encourage victims to participate in the investigation or prosecution of trafficking offenders. Due to a lack of comprehensive victim identification procedures, the government may not have ensured that migrants subjected to forced labor and prostitution were not inappropriately incarcerated, fined, or otherwise penalised for unlawful acts committed as a direct result of [their] being trafficked.”

The Maldives made some progress towards prevention, the report noted, including the approval of an Anti-Trafficking plan in March 2012 and the establishment of an Anti Human-Trafficking and People Smuggling Unit in January 2012.

However, despite an operation in April 2011 by police and immigration into an “unknown number” of ongoing cases involving fraudulent recruitment, the deportation of two foreigners as a result and the raid and closure of several recruitment agencies by court order on suspicion of fraud and forgery, “no labour recruiter or broker was punished or fined for fraudulent recruitment practices.”

The Maldives is mainly flagged as a destination country for victims of labour exploitation, particularly from Bangladesh and to a lesser extent, India, but was noted as a destination for sex trafficking.

“An unknown number of the 80,000 to 110,000 foreign workers that government officials estimate are currently working in Maldives – primarily in the construction and service sectors – face conditions indicative of forced labor: fraudulent recruitment, confiscation of identity and travel documents, withholding or nonpayment of wages, or debt bondage,” the 2012 report notes.

“According to a diplomatic source, an estimated 50 percent of Bangladeshi workers in Maldives are not documented and a number of these workers are victims of trafficking. Migrant workers pay the equivalent of US$1,000 to US$4,000 in recruitment fees in order to migrate to Maldives,” the State Department said.

“In addition to Bangladeshis and Indians, some migrants from Sri Lanka, Pakistan, and Nepal reportedly experienced recruitment fraud before arriving in Maldives. Recruitment agents in source countries generally collude with employers and agents in Maldives to facilitate fraudulent recruitment and forced labor of migrant workers,” the report added.

The Maldives’ expatriate population makes up almost a third of the country’s population. Minivan News previously reported in 2010 that the scale of labour trafficking in the Maldives was so disproportionately vast that the revenue generated made it the second greatest source of foreign currency to the economy after tourism, eclipsing fishing.

In addition, a smaller number of women were trafficked from Sri Lanka, Thailand, India, China, the Philippines, Eastern Europe, and former Soviet Union countries and Bangladesh for sex work in Male’.

The new government has closed down many illegal brothels in Male’ since coming to power, with nearly a dozen reported raids of so-called ‘beauty salons’. The expatriate women arrested during these raids are typically quickly deported, however there have been few reports of brothel owners being prosecuted.

“Some reports indicate that internal sex trafficking of Maldivian girls,” the report noted. “Maldivian children are transported to Male from other islands for forced domestic service, and a small number were reportedly sexually abused by the families with whom they stayed. This is a corruption of the widely acknowledged practice where families send Maldivian children to live with a host family in Male for educational purposes.”

‘Cash bounties’

The State Department’s report was swiftly followed by news articles in local media this week claiming that private companies and individuals had begun posting ‘cash bounties’ for absconded expatriate workers.

According to a report in Sun Online, notices had been posted in cafes windows and garages offering rewards of between Rf1000 (US$65) and Rf3000 (US$195) for information leading to the whereabouts of foreign nationals in hiding.

“We let people paste announcements when they request for it. We don’t ask who they are or anything,” a garage employee told the publication, when asked about one such notice.

Immigration officials and police quickly condemned the practice.

Police Sub-Inspector Hassan Haneef told Minivan News that while police had received no official reports of the posters, a journalist had raised the matter in a press conference. Posting such notices was illegal, he said, and opened those responsible to charges of harassment.

An official from the Immigration Department also expressed surprise at the reports.

“We did not know that was going on. It is absolutely against international human rights,” he said, adding that it the matter would be examined.

Standard practice among employers in the Maldives has been required to post the photographs and details of missing and absconded expatriate workers in the local newspaper – on most days, the pages include rows of such faces. However the Immigration official emphasised that no money was offered as an incentive for locating the missing workers.

“I think somebody is playing politics,” he said, of the report of cash bounties. “The US State Department released its report three days ago. We’re still on the watch list. My thinking is that somebody [put up the posters] to tarnish our reputation.”

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Police arrest 47 Bangladeshi nationals after raid on unregistered security firm

A total of 47 Bangladeshi nationals working for a local security firm were seized on Thursday by the Department of Immigration as part of a wider crackdown on unregistered migrant workers.

The detention of the expatriate workers comes after police late last year reported a “day-by-day” increase in human trafficking in the Maldives.  The Maldives Police Service’s claims were based on a surge in the numbers of illegal expatriate workers found in the country.

Assistant Controller of the Immigration Department Ibrahim Ashraf told Minivan News that the 47 Bangladesh nationals were all apprehended following a raid of a company providing security guards that was not registered to employ foreigners.

Ashraf claimed that the company the men had been working for had been in operation for 10 -12 years, yet no information could be found on its operations.

“During the raid, we found 47 Bangladeshi nationals all wearing security uniforms along with equipment like walkie talkies and badges,” he said. “They were not registered for this work and we could not find any records linked to the company.”

While the Department of Immigration has said that it was not cracking down specifically on security firms employing expatriate workers, Ashraf added that concerns remained about ensuring the industry had correctly licensed its foreign staff.

“Until recently, the Ministry of Human Resources did not provide [expatriate] work quotas to security firms,” he said. “There has been a growing demand among local businesses to hire security services. The Ministry of Human Resources has therefore begun issuing quotas for hiring expatriates in security services.”

Ashraf added that the Immigration Department’s concerns were not focused just on security firms, but instead on companies from various industries that had failed to obtain and then correctly register staff.

“Right now we are looking for expatriate workers on the run. We have received a lot of reports from employers about staff going missing,” he said. “This is especially true in the outer atolls, where we are getting complaints about unregistered employees travelling between islands.”

Ashraf claimed that the 47 Bangladeshi nationals who had been detained Thursday would not necessarily be deported if a sponsor could be found to provide employment and accommodation for them.

“We will try and give the employees the opportunity to stay here and work if a sponsor is willing to regularise them,” he said.

High Commission

The High Commission of Bangladesh in Male’ said it had been made aware of the 47 detained workers, who had been seized for not having proper documentation.

The commission said it was often notified regarding such cases, and was presently awaiting travel documentation for the detained expatriates before considering possible deportation.

The High Commissioner of Bangladesh, Rear Admiral Abu Saeed Mohamed Abdul Awal, said today that he believed workers from the country were regularly being brought to the Maldives to perform unskilled work, usually in the construction industry.  Awal alleged that upon arriving, expatraites from Bangladesh were suffering from the practices of “bad employers”.

“This is a real problem that is happening here, there have been many raids over the last year on unskilled [expatriate] workers who are suffering because of the companies employing them. They are not being given proper salaries and are paying the price for some of these employers,” he said.

Rear Admiral Awar added that it was the responsibility of employers to ensure expatriate staff had the proper documentation and suitable living standards.

Concerns about the treatment of expatriates from across the South Asia region were also shared by Indian High Commissioner Dynaneshwar Mulay. Speaking to Minivan News last month, Mulay raised concerns over the general treatment of Indian expatriates in the Maldives, particularly by the country’s police and judiciary.

Mulay claimed that alongside concerns about the treatment of some Indian expatriates in relation to the law, there were significant issues relating to “basic human rights” that needed to be addressed concerning expatriates from countries including Sri Lanka and Bangladesh.

Mulay’s comments were made following an alleged attack on a Indian resort worker, who was reported to have been struck with a hammer and mugged while staying in a hotel in Male’. The attack was allegedly committed by a former employee of the same resort.

Big business

Beyond concerns about the basic human rights of foreign employees in the country, labour trafficking is also believed to represent a significant national economic issue.

An ongoing police investigation into labour trafficking in the Maldives last year uncovered an industry worth an estimated US$123 million, eclipsing fishing (US$46 million in 2007) as the second greatest contributor of foreign currency to the Maldivian economy after tourism.

The authorities’ findings echo concerns first raised by former Bangladeshi High Commissioner Dr Selina Muhsin, reported by Minivan News in August 2010. The comments by Mushin were made shortly after the country was placed on the US State Department’s Tier 2 watchlist for human trafficking.

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Government to cease issuing work permits to Bangladeshi nationals, launches registration effort

The Maldivian government has halted the issuing of new work permits to Bangladeshi nationals and will begin registering the biometric details of all expatriate workers, in an effort to combat rising human trafficking. Employers will also be advised to cease withholding the passports of foreign nationals.

Foreign Minister Ahmed Naseem, Human Resources Minister Hassan Latheef and Home Minister Hassan Afeef announced the measures at a joint press conference on Wednesday, together with the Attorney General.

The government will begin registering the details of Bangladeshi nationals from March 31, using a new database developed by the National Centre for Information Technology (NCIT). This registration will eventually be extended to expatriate workers of all nationalities, who make up a third of the Maldives’ population.

Police and the Maldives National Defence Force (MNDF) would assist with the registration process, the ministers explained.

Latheef said that the decision implemented recommendations in the as-yet unreleased report produced by the MNDF after it took over counters at immigration and the labour department for two weeks in July 2011.

That investigation unearthed an industry worth an estimated US$123 million and a chain of paper companies being used by unscrupulous recruitment agents, who solicit labourers from mostly Bangladesh with the promise of well-paid jobs in the Maldives, confiscate their passports, and either abandon or offer them different, poorly paid jobs on arrival.

Head of the Commercial Crime Unit, Inspector Mohamed Riyaz, revealed at the time that police had seized 4000 passports confiscated from trafficked workers during the two week takeover, and that two of the seven bogus companies identified as trafficking workers, Ozone Investments Pvt Ltd and Arisco Maldives Pvt Ltd, had brought in 3000 workers between them.

Using the fake companies, the traffickers fraudulently obtained work permit quotas for non-existent projects from the Human Resources Ministry by stealing the identities of unwitting, bribed or complicit Maldivians, or even the deceased. Police had received many complaints about such forgeries from the confused third party, Riyaz said.

Many of the quotas requested from the Human Resources Ministry had been approved despite obvious warning signs such as the importing of construction workers for specialised IT projects, he noted.

Foreign Minister Ahmed Naseem referred Minivan News to the Anti-Corruption Commission (ACC) when asked for comment as to the extent that corruption had allowed the practice to thrive.

“We are deeply involved in this and are taking steps to counter [human trafficking],” Naseem said.

Prosecuting traffickers was difficult because many victims were reluctant to come forward because of their illegal status, he said.

“Many will not seek legal recourse even if puts them in a very difficult situation,” he observed. “They have sold everything to come here.”

Latheef told Minivan News that the government would extend a part amnesty to the estimated 20,000 illegal workers in the country, inviting them to register and seek employment from a willing sponsor, and legalise their presence in the country.

“They will be given a second chance to register and try to find a local employer,” he said. “But if they have no employment, they will have to leave.”

The government has also submitted a bill on human trafficking to the parliament. A report into the practice was due to be released Human Rights Commission of the Maldives (HRCM) on Human Rights Day, December 10, but has not yet appeared.

Minivan News in 2010 reported a steep rise in human trafficking, which was calculated to eclipse fishing as the second largest contributor of foreign currency to the Maldives after tourism.

That same year, the United States’ State Department placed the Maldives on its Tier 2 Watchlist for Human Trafficking, following a report that Bangladeshi workers were being exploited in high numbers by fake companies promising work permits.

In December 2011 the Maldives was admitted to the International Organisation for Migration (IOM), another significant step towards improving the welfare and lifestyle of migrant workers.

However racism, mistreatment and intolerance towards expatriate workers remains widespread in Maldivian society.

At a meeting in June 2011, members of the Male’ City Council  offered solutions to “the nusiance and bother of expatriates [congregating] at the Republic Square” in the capital.

“[Mid-Henveiru Councillor] Lufshan [Shakeeb] noted that foreigners at the Republic Square were damaging the grass in a number of ways and said that the area should be walled off with a tin fence and cleaned,” read the minutes.

The discussion came under an agenda item titled “Making a decision on the nuisance and bother of Bangalhun [derogatory term for Bangladeshis] at the Republic Square and the problem of Bangalhun sleeping inside the old museum at Sultan Park.”

Machangoalhi South Councillor “Jambu” Hassan Afeef meanwhile claimed that expatriates were “committing indecent acts” behind the National Museum site and other open spaces in Sultan Park, recommending that the grounds be closed to the public.

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ACC investigates Ministry of Human Resources over recruitment agency licenses

The Anti-Corruption Commission (ACC) has launched an investigation into the Ministry of Human Resources’ decision to license certain recruitment agencies which are blacklisted.

ACC Commissioner Hassan Luthfee said the case involved reissuing recruitment licenses to blacklisted agencies but did not provide further details, Haveeru reports.

Agency licenses were revoked when the agencies illegally recruited expatriate workers.

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Border loopholes benefit human traffickers: Immigration Controller

“If one country has a loophole, all countries suffer,” said Immigration Controller Abdulla Shahid, referring to the Maldives’ lack of a border control system amidst rising concerns over human trafficking. “The present border control system is only helping human traffickers.”

Authorities have reported a daily increase in human trafficking to the Maldives, particularly in the case of expatriate workers. The industry has a calculated value of US$123 million, making it the second largest contributor of foreign currency.

“This is a serious issue, there are about 40,000 illegal workers in the Maldives right now,” said Minister of Foreign Affairs Ahmed Naseem. “A border control system would be useful, especially in the future for maintenance. But there is a lot to do within the country as well, and we are currently trying to address these matters.”

The Maldives currently uses an eight year-old, outdated border control system. Plans to upgrade to a modern system have been delayed for over a year on allegations of corruption.

In November 2010, the government approved a Rf500 million (US$39 million) Border Control System by Malaysia’s Nexbis Limited, proposed by the Department of Immigration and Emigration.

Shortly thereafter, the Anti-Corruption Commission (ACC) requested that the agreement be halted due to “a serious public complaint” alleging corrupt dealings. The President upheld the ACC’s request in January 2011, by in May the Cabinet approved the program.

The ACC subsequently renewed its concerns and filed a case at the Civil Court and submitted a report to the Prosecutor General’s (PG) office earlier this month. The report accuses Former Controller Ilyas Hussain Ibrahim and Director General of Finance Ministry, Saamee Aqeel, then head of the Tender Board, for allegedly abusing their authority for undue financial gain.

Nexbis threatened legal action over the delay, citing millions of dollars in losses over equipment already imported to the Maldives. Shahid noted that the equipment is still sitting in Customs.

Immigration matters

Shahid said the public misconception that Immigration is a mundane department doing no-brainer tasks has led to a general misunderstanding of need for a border control system.

“Immigration personnel have to be trained to detect forgery, to profile passengers–we recently had courses for officers on how to detect physical alterations like makeup.

“In general, the public is not aware of the system’s value. It is to everyone’s benefit, even distant countries, to have a strong border control system in the Maldives. Terrorism and human trafficking involve other countries and their borders. If we have good communication, starting at Immigration, and a system, then we have good results.”

Currently a passport check requires an individual to manually scan hundreds of photographs, Shahid said. Without the key components of a modern system – facial recognition, finger-print identification technology, and eye scans – “people who were deported on criminal violations can re-enter the country. If they have a new or fake passport, we rarely detect them with our current system,” Shahid explained.

“A passport is just a piece of paper nowadays. The modern system, with the recognition technology, is almost a 100 percent guarantee of proper identification,” he added.

Nearby Sri Lanka, Thailand and Malaysia have been using modern systems for years.

“I think the proof is strong enough”

Shahid believes that cases against Ibrahim and Aqeel will be difficult to ignore in a court of law.

When the Nexbis system was first considered, a proposal was sent by Immigration to the National Planning Council. According to Shahid’s review of the documents, the final contract drafted deviated significantly from the initial proposal.

“The proposed system could be implemented in six months for US$4-5 million, with the company charging a further US$150-200 thousand per year for maintenance,” he asserted.

“According to this, the Maldives would pay US$8 million in the first year to Nexbis. Over 20 years that would be US$4 million paid annually. That’s fair. But right now the Nexbis plan is one-third of the budget.”

Taxes are also a consideration, particularly given the high numbers of foreigners and expatriates traveling through the Maldives.

“In 2011 we are reaching 1 million foreign arrivals. If we charge US$2 for arrival and US$2 for departure, that’s US$4 per person. Annually, the government would collect US$4 million for Nexbis. It would break even.”

Nexbis proposed these charges as part of its 20-year contract with the government in 2010.

“This means that neither the government nor the Maldivian public have to pay in exchange for a state-of-the-art border security protection,” Nexbis earlier claimed.

Shahid also noted that GMR is expanding Ibrahim Nasir International Airport (INIA) to accommodate 3 million arrivals annually, indicating that revenue will increase.

Nexbis also planned to levy a US$15 fee for expatriate identification cards. With the current 100,000 registered expatriates, Shahid said, the company receives US$1.5 million annually from expatriate cards alone.

“Nexbis will get US$27.5 million in 2025, according to the current statistics,” he said. Calculating for a gradual increase of arrivals over the next 20 years, “the generated revenue could build an airport of GMR’s standards and implement an up-to-date border control system.”

According to Shahid’s calculations, the approximate cost in the first year of installment and operation (US$8 million) of a Nexbis-quality border control system is far lower than the cost proposed in the final contract (US$39 million).

Shahid earlier estimated that maintaining a free system given by a donor country would cost at most several hundred thousand dollars a year, and said he was unsure as to why such an agreement had ever been signed.

“I don’t know much about the details of the ACC’s report,” he concluded. “Since I saw the contract for the Nexbis system, my argument has always been that the amount charged is ridiculous. It should not be done and must be halted. It is wrong.”

Ilyas Hussain Ibrahim declined to comment on the grounds that the issue was “politically risky.”

The Nexbis case is currently the largest corruption case before the courts and PG, the ACC confirmed. While corruption charges are regularly issued in the Maldives, resolution at the PG level is not so common. Speaking to Minivan News on the occasion of International Anti-Corruption Day, ACC President Hassan Luthfee said that of the 16 cases filed with the PG this year, zero have been addressed.

Vice President Muaviz Rasheed today said the ACC had received no information from the PG, but was hoping for the Civil Court’s ruling by the end of this month.

“The Civil Court has not been cooperative with the ACC on all counts, however the hearings ended in late November and we expect a ruling within the month,” Muaviz said.

Banana republic?

Although Shahid is confident in the court, he is unsure when the Maldives will take actual steps towards updating its border control system.

Without local capacity and expertise to produce a state-of-the-art border control system, the Maldives would turn again to the international market. Shahid said there are many options: “we could go anywhere, we could even get it as foreign aid.”

But after the dealing with Nexbis, withstanding international scrutiny could be difficult.

“Nexbis sees the Maldives as a banana republic that it can squeeze money out of,” Shahid observed.

With a score of 2.5 on Transparency International’s Corruption Perception Index and ranking 134th out of 185 countries, the Maldives may not be so inviting to foreign investors.

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International Organisation for Migration admits Maldives in bid to improve worker welfare

The Maldives was yesterday admitted to the International Organisation for Migration (IOM) in a significant step towards improving the welfare and lifestyle of migrant workers.

The Maldives joined the IOM with thirteen other states during the 2011 IOM Council in Geneva this week, raising total membership to 146 nations from all global regions.

This year’s session also marks IOM’s 60th anniversary. The organisation currently runs 2,900 projects in over 400 field locations. It’s 2010 expenditure exceeded US$1.4 billion.

IOM was established in 1951 as an inter-governmental organisation which supports orderly management, international cooperation, practical solutions and humanitarian assistance among countries addressing migrant issues, particularly those dealing with refugees and internally displaced people.

The Ministry of Foreign Affairs stated in a press release that “IOM experts have already begun work with the Maldives Government to help with the better management of migration in the country – especially in the context of the large numbers of migrant workers in the Maldives.”

Minivan News recently reported a steep rise in human trafficking, which was earlier calculated to be the second largest contributor of foreign currency to the Maldives at US$123 million.

In 2010, the United States’ State Department listed the Maldives second on its Tier 2 Watchlist for Human Trafficking, following a report that Bangladeshi workers were being exploited in high numbers by fake companies promising work permits.

This year 308 cases have been reported to police involving expatriates leaving their sponsors, and more than 4000 passports belonging to illegal migrants have been found.

Thirty-five police officers were subsequently trained trained to combat human trafficking, and took part in the workshop ‘Integrated Approach to Combating Trafficking in Persons’, organised by the IOM.

Maldives Ambassador to the UN in Geneva, Iruthisham Adam, said IOM membership was an honor for the Maldives.

“The Maldives is in the particular situation of being a Small Island Developing State, until very recently a member of the UN’s Least Developed Country category, which nevertheless is a major destination country for economic migrants.”

Economic migrants primarily from South Asia account for approximately one quarter of the country’s population, she noted.

“The Maldives greatly values the contribution they have made and continue to make to our economy and society,” said Adam. “However, the situation also raises a range of challenges, especially relating to our human, technical and financial capacity to manage such population movements.”

Adam said IOM membership would provide valuable support and expertise to the Maldives as it strives to manage internal and external migration “in a way which fully benefits the migrants themselves and the wider Maldivian society.”

Welcoming the Maldives’ membership, IOM Director General Ambassador William Lacy Swing praised the government for raising awareness of the effects of climate change on Small Island Developing States.

Other new members are Ethiopia, South Sudan, the Holy See, Antigua and Barbuda, Chad, Comoros, Djibouti, Guyana, Micronesia, Mozambique, Nauru, the Seychelles and Vanuatu.

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