New UN representative presents credentials to President Nasheed

Andrew Cox, new United Nations Resident Coordinator and UNDP Resident Representative, presented his credentials to President Mohamed Nasheed yesterday afternoon.

The meeting focused mainly on the UN programmes being carried out in the Maldives, and in the assistance the UN system could provide to the country in its transition from the Least Developed Countries (LDC) status.

Cox assured the president of the UN’s support to the Maldives through graduation from LDC, and congratulated him on the Maldives recent election for a seat in the UN Human Rights Council.

Cox has worked with the UN system since 1999 in different capacities and several countries around the world. He has worked in Sudan, the USA, Afghanistan and Sierra Leone.

Before working with the UN, he worked with several NGOs in Sierra Leone, the UK, Democratic Republic of the Congo and Côte d’Ivoire.

Cox said that “the UN system is a long time friend and partner to the Maldives.  I am personally committed to deepening this partnership and to helping strengthen the capacities of the government, civil society and the people of Maldives in achieving the country’s aspirations and development objectives.”

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Bangladeshi national died in boat accident

A Bangladeshi national working on a boat belonging to Sony Hardware in Malé died on Sunday afternoon.

The boat, named Assidha, was unloading cargo from Thilafushi at the T-Jetty.

The incident was originally reported to police as an accident between a boat and a crane, but was later discovered that the man was loosening the anchor rope on the boat and his chest hit the bow of the boat.

He was taken to IGMH but died during treatment.

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New training programme for communications officers has started

A new training programme began yesterday for communications officers in the government, state-owned companies and independent institutions.

The programme is being organised by the President’s Office, the Ministry of Tourism, Arts and Culture, and the Maldives College of Higher Education.

The programme is being facilitated by Terry Anzur, a communications expert from the USA.

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Maldives Accreditation Board renamed

The Maldives Accreditation Board has been renamed Maldives Qualifications Authority (MQA).

The MQA will act as a regulatory body to assess and ensure authenticity of teachers and the performance of educational institutions.

It will be managed by an independent governing body under the Ministry of Education.

The MQA will regulate and standardise the higher education sector of the Maldives.

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President ratifies Decentralisation Act

President Mohamed Nasheed has today ratified the landmark bill on decentralised administration but vetoed the complementary bill on local council elections.

Addressing press today, Nasheed said Attorney General (AG) Husnu Suood advised the president’s office that although the decentralisation bill would not hamper the implementation of government policies, some provisions were “legally questionable.”

“If the bill becomes law, both the attorney general and this office has noted that there could be legal problems in enforcing it without amendments,” he said.

As the constitutional deadline for local council elections elapsed in July last year, he added, a further delay was not advisable.

Although the opposition Dhivehi Rayyithunge Party (DRP) removed the concept of provinces from the government’s bill, Nasheed said the Act does not prohibit the creation of province as it stipulates that new legislation would be needed to form “province councils.”

Opposition MPs argued that grouping atolls into seven provinces was unconstitutional as 21 administrative areas or atolls were clearly specified in the constitution.

Nasheed stressed that it was important to distinguish between political decentralisation, or the formation of local councils, and administrative decentralisation.

The constitution empowers the president to create posts and offices in the atolls to provide services of various government ministries located in Male’, he explained.

“For example, the ministry of economic development registers companies,” he said. “In the past, to register a company you had to come to Male’, fill out the form and get the seal.”

Apart from providing services directly to the region, he continued, the province offices would work together with island and atoll councils on speeding up development projects.

13 points

A statement highlighting 13 legal points raised by Attorney General Husnu Suood regarding the decentralisation bill was issued by the president’s office today.

Suood noted that the bill does not preclude either the creation of provinces or collaboration among constituencies or administrative areas.

Moreover, the law does not prohibit either a government ministry or an independent institution from targeting services to two atolls or undertaking development projects for one or more atolls.

Thirdly, as the bill distinguishes between the central island and the capital island of an atoll, the powers and administrative framework of former atoll offices would be transferred to the atoll council.

It will therefore be left to residents of an atoll to to designate an island for the administrative office of the atoll council.

The AG notes that the composition of city councils specified in the bill was unfair as the city council of Male’, with a population of 125,000, will have 11 members, while the atoll council of Addu, with a population of 29,000, will have 12 members.

Further, the bill does not prohibit island councils from entering into agreements with the government’s utility companies, created for the seven provinces, to provide electricity, water and sanitation.

As the guidelines specified in the bill for island councils and atoll councils to offer municipal services differed significantly, “it is important to streamline the guidelines for providing these services.”

In the case of Fuahmulah, the only island in the Maldives that is also an atoll, the AG points out that its eight island councils with three members each, in addition to a six-member atoll council, was proportionately a high number of representatives compared to other atolls.

While the 9,000 people of Fuahmulah would have 30 elected representatives, the 125,000 people of Male’ would have 11 representatives on its city council.

Moreover, a government minister has to be on the board of the local government authority and is required to answer to parliament, but might not be elected as the chair of the board.

If the minister is not elected to the chair, Suood notes, it is doubtful whether he or she could report to parliament as mandated by article 140 of the constitution.

The AG recommends amending the law to require the chair of the board to report to a minister designated by the president.

Meanwhile, a provision that would allow councils to plan and organize services provided by government ministries was “unconstitutional” as it would strip the ministry of its authority and ministers could not answer to either parliament or the president.

Granting powers to local councils to invalidate contracts and agreements made in the constituency after the ratification of the new constitution “did not make legal sense” and was “unfair” as it could leave third parties without any avenues for redress.

On the twelfth point, the AG recommends designating council members apart from the president and vice-president “non-executive” members with lower pay.

As there was going to be around 1,200 council members in the country, between Rf400 million to Rf500 million would be needed annually for salaries and allowances.

Since the Decentralisation Act stipulates that elections must take place within 150 days of ratification, Suood notes that the local council elections bill must be ratified before June 15.

Local council elections bill

Although the president vetoed the bill on local council elections today, he conceded that he would sign it into law If parliament passes it again without an amendment to allow remote voting.

Fuad Thaufeeq, president of the Elections Commission (EC), told Minivan News earlier this month that the two bills had to be ratified within 28 days of each other to comply with the periods specified in both pieces of legislation.

At the press conference, President Nasheed denied claims by opposition parties that the government was stalling the elections to prolong the tenure of appointed island and atoll councilors.

Nasheed said the ruling Maldivian Democratic Party (MDP) proposed at the Special Majlis that the parliamentary and local council elections should have preceded the presidential elections.

The number of island chiefs and deputies appointed in the past was above 800, he said, while the number of councilors would not exceed one to each island.

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President dismisses outcry over Gitmo inmate resettlement

President Mohamed Nasheed has dismissed public outcry over the resettlement of a two Guantanamo Bay inmates in the Maldives as “political waves through misty clouds.”

“I don’t really think there is much of an outcry. I first mentioned this sometime last year in December, and this has been public knowledge since then – not a single person has said anything about it all this time,” he said.

The agreement, in which the United States will fund the transfer of two Muslim inmates to the Maldives on humanitarian grounds, has met with consternation from opposition parties who argue the move will make the Maldives look like “a terrorist paradise rather than a tourist paradise.”

“I will say again, they are not terrorists,” Nasheed said during a press conference today. “It was very clear back then that people were arrested [and put] in Guantanamo without proper checks. People were just taken from all over and incarcerated. Today, when the jail is being dismantled, and the Maldives is among the few 100 percent Muslim countries in the world, if we can’t care about them, where is the example we are showing to the international community and other people of the book [Jews and Christians]?”

Nasheed said the Maldives and the US State Department had “looked into who [he] is, and who his relatives are.”

“Just think, these people have been kept in a small cell in handcuffs and chains for six or seven years when they’ve not done anything at all [to deserve it]. Do you know how they kept? We’ve seen the photos. So when we help one of them and people talk about it [negatively], I don’t really want to listen to it at all.”

Vice President Dr Mohamed Waheed Hassan meanwhile told newspaper Miadhu that “overreacting” to the resettlement of the Guantanamo Bay detainees risked “losing the focus on more realistic issues.”

Parliament’s National Security Committee had arranged a meeting on the issue on Wednesday to identify potential legal problems with the resettlement, however Minivan News understands this has been rescheduled.

Nasheed meanwhile said there were no obstacles in Maldivian law, constitution or customs preventing the Maldives from resettling the inmate.

“I don’t think that the people of this country is against such a humanitarian assistance or deed,” he said.

Speaking to Miadhu, Foreign Minister Dr Ahmed Shaheed derided opposition criticism of the move as politically motivated, noting that the same party that had led a no confidence motion against him for strengthening the country’s diplomatic relationship with Israel now disproved of the Maldives helping Muslims.

The inmate was a Palestinian man who was arrested and taken to Guantanamo while preaching in Pakistan, Shaheed said.

“According to the information I have, his home was demolished by Israeli troops and that many of his family members are being intimidated by Israel,” Dr Shaheed told Miadhu.

The only Maldivian held in Guantanamo Bay, Ibrahim Fauzee, was flown to Male in May 2005. Fauzee was arrested in May 2002 in Karachi, where he was studying.

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JSC decision must be investigated by Parliament, urges member

The Judicial Service Commission (JSC) decided last week to reappoint all current judges, regardless of whether they hold a previous conviction for a crime or a criminal breach of trust or bribery.

After the decision was made, member of the commission Aishath Velazinee spoke out against it, writing in her blog, “it is indeed a sad state of affairs, and an insult to all those honest judges whose integrity and good name is compromised by today’s decision.”

Today, Velazinee told Minivan News it might seem like “one mad woman screaming,” but insisted “the Majlis has to attend to this and demand a public inquiry. I can only bring it to public attention.”

She said “Parliament has failed to hold the JSC accountable,” and said she still “firmly believes” the composition of the commission presents a conflict of interest, leading to a vote that ultimately contradicting the purpose of the commission.

The JSC was created to reform the judiciary and investigate all judges, “and was asked to evaluate every single sitting judge appointed prior to the 2008 Constitution,” Velazinee said.

According to the Constitution, the nine-member commission must comprise of the speaker of parliament; an MP and a member of the public both appointed by Parliament; three judges, one from the Supreme Court, High Court and the trial courts; a private lawyer elected among licensed lawyers; the Chair of the Civil Service Commission (CSC); a person appointed by the President; and the Attorney General.

“The JSC was not functioning under the law of the Constitution, and not acting in the interest of the public,” said Velazinee, who is the President’s member on the Commission.

She suggested it be made up of a “cross-section of people in this country, who are educated and have an understanding of democracy.”

Last week’s decision was won by majority, with five votes in favour.

“They have decided Article 285 is symbolic,” Velazinee said, “it is a very simplistic view of democracy.”

Article 285 stipulates that the JSC shall determine before August 7, 2010 whether or not judges on the bench posses the qualifications specified by the Constitution.

Currently, there are seven judges found guilty of a criminal breach of trust; five with allegations of a criminal breach of trust; two are being prosecuted for an alleged breach of trust; one is on trial for sexual misconduct; two have been found guilty of sexual misconduct; one was found guilty for an offence which had a prescribed punishment in Islam; and another judge who has been accused of a criminal breach of trust, and found guilty of sexual misconduct.

That is a total of nineteen judges with a criminal history, most of which have not been tried in a court of law.

Velazinee said she was not given an opportunity to discuss or issue alternative proposals, even though she had been trying to bring attention to her argument for months. “Even the Superior Court Justice decided it was not worthy,” she added.

Parliament’s power

Parliament has the power to reverse or alter the JSC’s decision, “but now they’re in recess, too,” Velazinee said, noting probably nothing much can be done until the Majlis reconvenes in mid-June.

Adding to Velazinee’s concern, the JSC has only until 7 August of this year to submit any reforms and all cases on the judges. “And probably not even until the deadline,” she added.

She said although the president “would normally have a say” in this decision, “in the current political context, the president getting involved could do more harm.”

Press Secretary for the President’s Office, Mohamed Zuhair, said “there are legalities to be considered” because “the law does stipulate a clause on limitations,” which says that a judge, or an MP or a citizen, “can be absolved of a crime after five years” of being convicted.

He added “judges should be examples” and new regulations and legislation should be considered.

Zuhair said President Mohamed Nasheed “will adhere to the Constitution,” and there is “nothing to do until Parliament comes back.”

But, he added, a parliamentary committee could look into the issue extraordinarily, just like the National Security Committee is having a sitting this Wednesday.

Judges Abdulla Mohamed and Abdulla Didi did not respond to Minivan News at time of press.

Attorney General Husnu Suood did not respond, either.

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MNDF rescues Iranian vessel suspected hijacked

Maldives Coastguard rescued an Iranian fishing vessel in Maldivian territorial waters yesterday, discovering the crew had been deprived of water and food for several days.

Following reports of an Iranian fishing vessel which had drifted into Maldivian waters, the Maldives National Defence Force (MNDF) and coastguard began a search for the ship.

MNDF Major Abdul Raheem said the ship was found at around 4.40pm yesterday on the outskirts of Havadhu Atoll.

“They were having engine problems and drifted to the Maldives,” Major Raheem said. “We wanted to give assistance; they had no food or water.”

The twenty crew members, all of Iranian nationality, were also provided with medical assistance.

Major Raheem noted the crew were still in the Maldives. “Our government and Iran’s government are having negotiations to decide when they will be sent back.”

Of the reports that seven of the men found on the vessel were pirates who had highjacked the ship earlier, he said “we cannot say whether they are pirates. They had no identification on them.”

“We conducted a search and found no weapons in the ship,” he added.

But, Major Raheem noted, the vessel’s captain did say his crew had been taken by pirates six months ago. The ship’s owner, who is in Iran, has not had contact with the ship for six months.

The Major said there was no current investigation by the MNDF regarding the case.

MNDF Lieutenant Abdulla Ali said civil aviation craft were used for the search. He said the men were “still in that boat,” but the MNDF is providing them with food and water.

He said the negotiations with Iran were underway to send them back.

Lieutenant Ali added “we can’t say” whether seven of the men took over the ship, but confirmed that the captain of the vessel had said they were highjacked six months ago and the pirates were currently on board the ship.

The Ministry of Foreign Affairs did not respond to Minivan News at time of press.

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Coastguard rescues stranded Iranian vessel

Maldives Coastguard rescued an Iranian fishing vessel in Maldivian waters, reports Miadhu.

Coastguards had heard reports of an Iranian fishing vessel which drifted into Maldivian waters. Island Aviation air crafts were also used in the search.

The vessel was located 75 miles off the coast of Havadu Atoll and was found without food or water.

There were twenty crew-members on board, seven of them had previously high-jacked the boat.

The Maldives National Defence Force (MNDF) confirmed there were no weapons found on board, and negotiations are underway to send the vessel back to Iran.

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