STO head assures oil imports problem will be resolved

The Managing Director of the State Trading Organisation (STO) has assured that the country’s looming oil payment crisis will be resolved tomorrow after the central banking authority committed to financing overdue payments.

“MMA [Maldives Monetary Authority] has given certain commitments – we still need to arrange everything – tomorrow we are going to work on it,” Shahid Ali told Minivan News today.

Shahid told MPs last week that the STO would run out of oil as early as November 10 if it did not pay some of its US$20million oil debt.

“The exact amounts have not been agreed upon,” Shahid explained today (October 3). “Tomorrow we need to make at least some payments.”

During an emergency meeting of the Majlis Finance Committee last week – with both MMA Governor Dr Fazeel Najeeb and Finance Minister Abdulla Jihad in attendance – Shahid told MPs that government-owned companies owed the STO more than MVR600 million.

Jihad informed the committee that he had asked the MMA to provide MVR50 million to the STO but was told that the central bank could only arrange for MVR20 million as the public bank account was overdrawn.

The MMA governor said the state did not have the financial resources to provide the requested amount, adding that the central bank would be forced to print money to meet the government’s requirements.

In the event that the country runs out of oil on November 10, Jihad then said he would resign from his post.

“I am asking the MMA for cooperation to provide the funds. This is a basic necessity. Otherwise there is a fear that we could completely run out of oil. Funds have to be arranged for citizens’ basic needs even if the public bank account is overdrawn,” he said.

Minivan News was unable to reach Dr Najeeb at the time of press.

When asked if the MMA was printing money in order to finance the oil payments, Shahid simply repeated that the authority had “given certain commitments”.

The MMA’s quarterly figures show that the Maldives’ petroleum imports amounted to US$248.4 million in the first half of 2013 – representing 29 percent of the cost of all goods brought into the country.

Najeeb also told the Majlis Public Accounts Committee last week that state reserves were insufficient to balance the country’s growing deficit.

Local media reported Najeeb as warning that the state was on the verge of being forced to print money.

“Parliament must also consider ways to reduce the structure of the State. I think this is very serious. Or else, the value of our money will keep dropping,” the Governor was quoted as saying.

The MMA’s most recent Quarterly Economic Bulletin revealed that government finances had “further deteriorated in the first six months of 2013” due to a sizeable shortfall in expected revenue coupled with a marked increase in recurrent expenditure.

After measures to raise 15 percent of total revenue budgeted for 2013 – MVR1.8 billion (US$116.7 million ) – failed to materialise, Finance Minister Abdulla Jihad was forced to seek parliamentary approval to divert MVR 650 million (US$42 million) allocated for infrastructure projects in the budget to cover recurrent expenditure.

In recent months, the government has become increasingly reliant on the issuance of short term treasury bills in order to plug gaps in the current budget.

Whilst introducing a proposed MVR16.4 billion (US$1 billion) budget for next year to the Majlis last week, the Finance Minister urged the government to pursue austerity measures.

In November 2012, a team from the International Monetary Fund (IMF) advised that strengthening government finances was “the most pressing macroeconomic priority for Maldives”.

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Week in review: October 26 – November 1

The biggest headlines in the Maldives this week came out of the People’s Majlis, beginning with the MNDF going into the parliament to block the entrance of two opposition MPs who had been stripped of their seats by the Supreme Court.

After some scuffles, Maldivian Democratic Party (MDP) MP Ali Azim was handed over to police, who subsequently extended his detention to 15 days.

Azim had arrived to take part in the emergency session which eventually passed a motion supporting the transition of presidential power to the speaker of the house should no president-elect be determined by November 11.

After calling on the MNDF to ignore the Supreme Court’s decision to remove Azim and Dhivehi Rayyithunge Party MP Mohamed Nashiz, Speaker Abdulla Shahid took the decision to appoint a serjeant at arms to oversee future security at the Majlis.

The constitutionally protected status of the Majlis premises was used to full advantage by MDP MP Hamid Abdul Ghafoor this week who sought sanctuary from arrest by police who wished to present him in court in relation to drug and alcohol offences.

After threats to try Hamid in absentia, the Criminal Court sentenced him to six months in prison for failure to attend hearings.

The Majlis also found time this week to receive the MVR16.4 billion (US$1 billion) budget for 2014, as well as accepting a bill that would criminalise calling for, endorsing, or taking part in a tourism boycott.

One person not present in the Majlis this week was now-former Attorney General Azima Shukoor, who was removed in a unanimous vote of no-confidence. This day’s proceedings were not without additional incident, however, as mysterious pills – rumoured to be laxatives – were found in a Majlis’ coffee machine.

The week’s events will not have reassured the Secretary General of the Inter-Parliamentary Union, who wrote to Speaker Shahid requesting an urgent visit to the country to assess the situation.

Mandatory excess

MPs were not the only ones feeling persecuted this week, as Supreme Court took aim at MDP aligned broadcaster Raajje TV for allegedly defaming its reputation.  The station – decimated in an arson attack earlier this month – also reported fresh threats against its premises.

The Maldives Media Council and Reporters Without Borders joined station management in arguing that the police were acting outside of their mandate, encroaching upon an investigation that rightly fell within the purview of the broadcasting commission.

Chief Justice Ahmed Faiz warned media outlets that action would be taken against anyone found to be reporting “invalid information, if it relates to courts or judges”.

After levelling similar accusations against the police in relation the delayed election, the Human Rights Commission this week told Minivan News that it felt the police were now attempting to intimidate its staff.

It was the Supreme Court itself, however, that came in for the most stinging criticism this week as UN High Commissioner for Human Rights Navi Pillay launched an offensive on the apex bench, accusing it of “interfering excessively in the Presidential elections”.

After being accused of “subverting the democratic process”, the Chief Justice quickly hit back, labelling Pillay’s comment “irresponsible” and “poorly researched”.

Reputation at stake

The UK’s Foreign and Commonwealth Office also expressed its concern this week that repeated delays to the presidential election could hurt the Maldives’ economy as well as its international reputation – something not helped by an attack on the Indian High Commissioner’s official vehicle.

FCO minister Hugo Swire urged stakeholders to allow the Elections Commission “the space needed” to prepare for the elections – a request not heeded by either the government nor the presidential candidates who pleaded with the EC to move polls forward in order to avoid the impending constitutional void.

The Elections Commissioner responded that an expedited poll was not possible, regardless of any amount of government assistance – not even the police’s new-found ability to verify fingerprints at 25 times its previous speed.

Commissioner Fuwad Thowfeek also revealed that the EC had found at least four of the 18 people deemed dead by the Supreme Court annulment to be alive and “quite fed up”.

MDP candidate Mohamed Nasheed told the press of diplomatic murmurings regarding likely economic sanctions should no new president be found by November 11.

He went on to suggest the way out of the impasse might be for either one of the three candidates to pull out of the  poll, or for the Supreme Court to un-annul the first round – making the November 9 poll a two horse race.

Finally, the World Economic Forum’s gender gap index found the Maldives a mediocre place to be a woman, with the country scoring highly in terms of education and health but falling behind in economic and political parity.

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Majlis accepts bill to criminalise tourism boycotts

With additional reporting by Daniel Bosley

The People’s Majlis has today accepted a bill prohibiting tourism boycotts, with 30 members voting for, 30 members voting against, and Maldivian Democratic Party (MDP) MP Abdulla Shahid casting the deciding vote as speaker of the house.

The tourism boycott bill would criminalize calls for a boycott, as well as the supporting or endorsing of a boycott, participating in a tourism boycott, or any act that would incite fear amongst tourists.

Amendments to the penal code were also introduced in the Majlis today, with MDP MP Imthiyaz Fahmy submitting amendments to a number of articles, including article 81 – under which MDP presidential candidate Mohamed Nasheed is currently being charged.

The boycott bill – submitted by the Progressive Party of the Maldives (PPM) MP Ali Arif – has now been sent to the Majlis Economic Committee.

Depending on the level of participation in the boycott, those found guilty could be fined MVR150,000 (US$9740), have their trade permits cancelled, or have any honors or privileges awarded by the state revoked.

Discussions of a tourism boycott have always been particularly sensitive in the Maldives, with the country reliant on the industry which contributes over 70 percent of the country’s GDP.

Government ministers have in the past described the industry as “sacred”.

A selective tourism boycott labelled the ‘Maldives Travel Advisory’ appeared in the months following the contested transfer of power in February 2012, although the website was soon taken down.

Similarly, Nasheed himself told the Financial Times in July last year that tourists planning to visit the Maldives should cancel their holidays.

This call was not repeated, however, with the party’s National Council never agreeing to adopt such a policy.

Removals from existing code

In addition to removing Penal Code’s Article 81, Imthiyaz Fahmy proposed removing Articles 75 and 87.

Article 81 of the penal code regards public servant using authority to arrest or detain innocent persons.

“It shall be an offense for any public servant by reason of the authority of office he is in to detain or arrest in a manner contrary to law. Person guilty of this offense shall be subjected to exile or imprisonment not exceeding 3 years or a fine not exceeding MRF 2,000,” reads the article.

Former President Nasheed is currently being charged under Article 81 for the arrest of Criminal Court Chief Judge Abdulla Mohamed – an incident that precipitated Nasheed’s ouster in February 2012.

The arrest followed the failure of parliament and the Judicial Services Commission to taken action over an extensive list of allegations against Mohamed.

The Nasheed trial subsequently stalled at the high court level after the legitimacy of the Hulhumale’ Magistrate Court – specially assembled for the case – was disputed.

The composition of the court and the conduct of the trial was also criticised by UN Special Rapporteur Gabriella Knaul as “arbitary” and of questionable legality.

The Progressive Party of Maldives called for the trial to be resumed earlier this month, though not further action has yet been taken in the courts.

Penal code article 75 concerns the making of false charges: “Whoever institutes a claim against another person with the intent to cause inconvenience, loss or injury to that person without lawful grounds shall be subjected to a fine not exceeding MRF 2000.”

Section 87 of the code relates to the failure to assist public servant in his duties, with offenders subject to exile, six months imprisonment, or a MVR500 fine.

The amendments come at a time when several MDP MPs, including Fahmy, are being investigated for contempt of court and for criticising the judiciary.

The current penal code was written in 1968. Work on a new penal code started in 2008, but it is still at committee stage.

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Defiant Attorney General Azima Shakoor voted out of office

A parliamentary no-confidence motion against Attorney General Azima Shakoor has passed with 41 votes today (October 29).

The Maldivian Democratic Party (MDP) filed the motion, claiming Azima had demeaned the constitution, parliamentary powers and the integrity of the Attorney General’s post by advocating against the Elections Commission (EC) in September’s vote annulment case.

The party also accused her of attempting to benefit her political party in presidential elections, and advising government officials against attending parliamentary committees.

According to Majlis Speaker Abdulla Shahid, Azima did not attend today’s Majlis sitting and did not respond in speech or writing to any of the allegations made against her.

However, in an emotional statement addressed to the Speaker and shared with local media, Azima stressed that she had acted within the law and accused the MDP of pursuing a “personalized vendetta.”

“It is not the Majlis that I will be held accountable to on the day after tomorrow. It is to Allah. On that day, I will be accountable without any fear. All of you know I will not stray from the path of justice for worldly gains or for a job. You will know I will not make a deal,” she said.

Speaking in the AG’s defense, MPs of the Progressive Party of the Maldives (PPM) stressed that Azima had not committed any unlawful acts, and as such the no confidence motion was unjust.

The PPM boycotted the vote, but PPM MP Ahmed Mahloof voted for the no-confidence motion. In addition to the MDP, the Dhivehi Rayyithunge Party (DRP) supported the motion. Five MPs voted against.

No confidence

The MDP submitted the no confidence motion against Azima on September 25 with the signatures of 26 MPs.

In the motion, the MDP noted that as Attorney General, Azima had advocated against an independent state institution – the EC – that she was mandated to defend.

Following the first round of elections on September 7, third placed Jumhooree Party sought to annul the vote, alleging widespread electoral fraud. Azima intervened in the case, presented a police intelligence document and asked for an investigation.

A copy of the document was leaked on social media. It alleged 18,486 irregularities on the voter registry. The Supreme Court annulled the election on October 7 and ordered a re-vote.

In her intervention she “advocated against the Elections Commission, discredited the institution, prioritized political party interests, and worked against the constitutional principles, state and public interest,” said the MDP.

The party suggested that the AG had abused her position to influence elections and in doing so had obstructed the election of a new government.

It also accused Azima of infringing upon the parliamentary powers by advising government officials and the security forces not to attend a Majlis committee set up to investigate the controversial transfer of power on February 7, 2012.

“Taken together, these actions clearly demonstrate that the Attorney General has destroyed constitutional norms and democratic laws,” the motion read.

“The Attorney General has demeaned the Constitution and the integrity of the post of Attorney General and betrayed the Attorney General’s responsibilities and the Maldivian nation,” it added.

“Head held high”

In a statement shared with local media, Azima criticized MDP presidential candidate and former President Mohamed Nasheed.

“If I am dismissed from my job because certain individuals believe I am obstructing such a man [Nasheed] from coming to power, and if I lose my job, and if I lose my job because of this reason, and because I did not join them like you [Shahid] did, I see it as my sacrifice for this country. I will leave my job proud, with my head held high,” she told Haveeru.

If Nasheed took over the presidency, he would weaken the state and the country’s sovereignty, and weaken Maldives’ Islamic faith Azima alleged.

“I am saying so because I know so. However, I have not committed any act that violates the law. And I have not participated in any political activities. In my term, in matters relating to him [Nasheed] I acted fairly, within the law,” she said.

She alleged that, as president, Nasheed had sold part of the Maldives’ territory to another country – information which she had shared with the Majlis’ National Security Committee. Furthermore, Nasheed had attempted to include Jewish cultural education in the national curriculum, she claimed.

“I do not accept defying Islam and the Prophet. I believe the country has maintained its sovereignty because Maldivians have maintained the Islamic faith. I do not believe any other religion but Islam should exist in this country. This is my belief,” she said.

On the state’s decision to intervene in the Supreme Court’s vote annulment case, Azima said it was her duty to act as she had received credible evidence of electoral fraud. However, she said the state had not advocated for or against a vote annulment.

“I had to take action when I received credible evidence of repeated voting and votes cast by thousands of dead people, individuals who have not yet been born, and individuals who had not made ID cards through the Department of National Registration. Similarly, the state must be concerned when people made passports using those [fake] ID cards.

“These are matters that I would be questioned on if I did not take any action. Since these are matters that can be proven if a proper investigation is done, I did so with courage,” she said.

She also criticized Speaker Abdulla Shahid for helping MPs evade the courts, for supporting MPs who were in contempt of court and those who had committed criminal acts. Moreover, she said the Majlis had not followed the legal norms in dismissing a cabinet member.

“Today you are the judges and you have written your verdict without allowing the accused a right of response,” she said.

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Inter-Parliamentary Union requests urgent visit to Maldives

Secretary General of the Inter-Parliamentary Union (IPU), Anders B. Johnsson has written to the Speaker of the Majlis proposing an urgent delegation be sent to the Maldives.

“We are concerned that these recent developments and the continued polarisation of the political situation might imperil the Maldives’ fledgling democracy,” wrote Johnson to Speaker Abdulla Shahid.

“I propose that an IPU delegation returns urgently to the Maldives to discuss and agree with the relevant authorities and stakeholders effective steps to ensure that the parliament can fully discharge its legislative and oversight functions freely and independently and that its members can do their work unhindered, without fear of intimidation and harassment or attack on their physical integrity,” added the Secretary General.

The letter obtained by Minivan News, dated October 25, was prompted by the Supreme Court’s decision to strip two MPs of their seats last week.

Following the Majlis’s rejection of the court’s ruling, MDP MP Ali Azim’s was arrested after scuffles with the military as he attempted to enter the parliament on Saturday.

His detention has subsequently been extended for 15 days.

Johnsson’s letter also included the full text of the IPU Governing Council’s recent resolution which expressed concern at “reports of alleged arbitrary arrests, attacks and harassment of MDP members of parliament”.

The resolution, adopted earlier this month, listed 21 cases of Maldivian MPs already being monitored by the IPU with the addition of three new cases.

The IPU General Council “is alarmed at the climate of confrontation spawned by the first round in the presidential election.. [and] is deeply concerned that parliament’s authority is apparently once again being challenged in the current political crisis,” read the resolution.

“[It] is alarmed in this regard that members of parliament may be facing legal action because of opinions they expressed and positions they adopted in parliament; would like to receive the authorities’ views on this matter.”

All MPs listed by the IPU – barring murdered Progressive Party of Maldives MP Dr Afrasheem Ali – are members of the opposition Maldivian Democratic Party (MDP) which has described the prosecution of its MPs as a “purge”.

On-site mission suggested

“The urgency and seriousness of the current situation warrants an urgent on-site mission by the Committee, so that it can gather first-hand information on the allegations and ascertain the prospects for their examination and clarification in the current political situation in the Maldives,” read the IPU resolution.

The MDP last week linked the “intimidation and harassment” of its MPs to crucial votes in the Majlis concerning the imminent transition of presidential power as well as no-confidence motions against senior members of the cabinet.

The MDP’s recent alliance with the Dhivehi Rayyithunge Party – one of whose MPs was unseated by the court’s recent ruling – has given it the support of a majority of the chamber.

A motion to allow the Speaker of the Majlis Abdulla Shahid to assume the presidency following the expiration of the current term on November 11 was passed yesterday, in spite of the abstention of all government aligned MPs.

Today’s scheduled no-confidence motion against Attorney General Azima Shukoor was delayed after the AG informed the speaker that she was unwell.

The three new cases noted by the IPU General Council concerned Ali Azim, Alhan Fahmy, and the Speaker Shahid. The list also included fresh allegations concerning MPs Hamid Abdul Ghafoor, Ali Waheed, and Eva Abdulla – the Maldives’ first member of the IPU.

Eva was arrested briefly during protests against the Supreme Court’s involvement in the annulling of the presidential elections earlier this month, whilst the IPU also resolution expressed shock at reported death threats against both Speaker Shahid and MP Ali Waheed.

More recently, Ghafoor has sought protection from arrest in the parliamentary premises following a police summons to attend hearings into drugs and alcohol charges.

US ambassador Michelle J. Sison yesterday met with Shahid and Hamid, whilst US diplomat Christopher Teal called for an end to politically motivated arrests.

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No-confidence motion delayed after Attorney General calls in sick

Speaker of Parliament Abdulla Shahid has postponed the no-confidence motion against Attorney General (AG) Azima Shakoor, initially scheduled for today (October 28).

According to Majlis officials the speaker made the decision to delay for two days after Shakoor informed him that she was unwell and not able to attend the parliament session.

Article 101(b) of the constitution states that cabinet members must be given at least fourteen days notice of any debate concerning no-confidence motions against themselves, and that the individual has the right to defend themselves – both verbally and in writing – in the sittings of the People’s Majlis

Parliament received the motion on September 25, with the ensuing notice to the AG being delivered on October 1.

The motion has now been rescheduled for October 30.

Cabinet members against whom no-confidence motions are raised are allowed to sit in in the parliamentary debate on the matter. At the sitting, they are given the opportunity defend themselves against the claims raised.

An official from parliament stated that it was the cabinet minister’s decision whether or not they used the opportunity to defend themselves. He said that,while the parliament could proceed with the motion even though the minister is unable to attend, it is at the discretion of the speaker to decide to postpone the motion.

Parliament Speaker Abdulla Shahid and Consul General Fathimath Filza were not responding to calls at the time of press.

The no-confidence motion was submitted to the parliament on September 25 with the signature of 26 Members of Parliament (MPs) – 16 more than is stipulated in the constitution’s article 101(a).

The opposition Maldivian Democratic Party (MDP) previously decided to pursue a no-confidence motion against the AG during a contingency meeting of the party’s National Council on September 20 .

During the debate, MDP MP Ahmed Sameer announced that the party’s parliamentary group had prepared a no-confidence motion against the AG, contending that she had neglected her duties and had advocated on behalf of a political party against the Elections Commission (EC), a state institution.

Meanwhile, Progressive Party of Maldives (PPM) Parliamentary Group’s Deputy Leader Moosa Zameer at the time said that the party would not support the removal of a former council member of the party.

However, with the support of at least six out of ten MPs of the Dhivehi Rayyithunge Party (DRP) – which has pledged support to MDP presidential candidate and former President Mohamed Nasheed in the upcoming election – the MDP would have enough votes in parliament to pass the no-confidence motion.

AG Shakoor was approved to her post by 38 votes in favour in parliament on July 31, with 31 MPs having voted against.

Formerly the lawyer for PPM leader and former president Maumoon Abdul Gayoom, Shukoor was initially appointed AG by sitting President Dr Mohamed Waheed after the controversial transfer of power in February 2012.

She was later reassigned as Minister of Family, Gender and Human Rights – an appointed which subsequently failed to gain the approval of parliament, before the President Waheed re-appointed her to her former position as AG.

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MDP’s Hamed Abdul Ghafoor fails to attend court appearance, cites parliamentary privilege

Maldivian Democratic Party (MDP) MP Hamed Abdul Ghafoor reportedly failed to attend a court hearing today where he faces charges of refusing to provide a urine sample following suspicions of alcohol consumption.

Sun Online reported that Ghafoor’s legal representatives told the court he was unable to attend the 2pm hearing due to his presence in the People’s Majlis – therefore excusing his absence under parliamentary privilege.

During his last court appearance, Ghafoor denied he had been asked to provide a urine sample following his arrest on the island of Hondaidhoo last November, asking for the case to be thrown out.

Ghafoor allegedly failed to provide the urine sample after being arrested on the uninhabited island along with a group of MDP politicians and other senior political figures.  A number of those arrested with Ghafoor were charged with alcohol and drug possession.

In a case related to the same incident, the Prosecutor General’s Office had previously told the Criminal Court that it had 11 witnesses prepared to testify against Ghafoor, proving that he was in possession – and under the influence – of alcohol when arrested.

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Majlis accepts bill to amend disparities in divorce settlements

The people’s Majlis has accepted a bill seeking to amend the distribution of wealth following divorce, local media has reported.

The bill – introduces by Progressive Party of Maldives MP Ahmed Mahlouf – seeks to provide stricter guidelines to judges when deciding on divorce settlements.

Sun Online reported Mahlouf as saying that the bill would improve the terms for women by distributing wealth more evenly, in line with his party’s election manifesto’s promises to improve women’s rights.

On the subject of women’s rights, the manifesto proposes subsidized childcare system, allowing women to work from home through the internet, and connecting them to employers.

Gender quotas in the political arena and leadership skills courses for girls are also included, with the intention of equalising the workplace gender balance.

The bill was admitted after securing a narrow majority of MPs present at today’s session.

In 2012, 4660 people got married, while the same year nearly half that many people got divorced. Its estimated that every second marriage in the Maldives ends in divorce.

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No-confidence motion against Attorney General tabled for Monday

The no-confidence motion submitted in parliament against Attorney General Azima Shakoor has been tabled for Monday (October 28), reports local media.

The motion, with 26 MP’s signatures, was received September 25, said the parliament secretariat.

Shakoor was notified on October 1 that parliament will be debating the no-confidence motion against her.

Constitutional article 101(2) requires 14 days notice be given to the cabinet member in question and that individual will have the right to defend themselves both verbally and in writing.

The Maldivian Democratic Party’s parliamentary group is also seeking to move no-confidence motions against Defence Minister Mohamed Nazim, Parliament’s Deputy Speaker Ahmed Nazim, Prosecutor General Ahmed Muizzu and Tourism Minister Ahmed Adeeb for their roles in the government’s attempt to stall the presidential election, reports Haveeru.

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