Attorney General appeals to High Court over civil servants’ salaries

The Attorney General sent an appeal to the High Court last Thursday on behalf of the Ministry of Finance, regarding last week’s decision in favour of the Civil Service Commission (CSC) concerning civil servant salaries.

Last Tuesday the Civil Court ruled in favour of the CSC in their suit against the Ministry of Finance regarding civil servants’ salaries, which were reduced in October last year. Although the court ruled in favour of the CSC, they did not specify whether the ministry had to restore civil servant salaries.

Speaking to Minivan News last week, member of the CSC Mohamed Fahmy Hassan said he was “confident the Finance ministry will give the salaries as we requested,” after which members of the CSC and the ministry met last Thursday to discuss the issue.

Today Fahmy said they were “very surprised” when they received instruction from the High Court “not to take any action [regarding the salaries] until they have made a decision.”

He said last week, the Finance Ministry “were very positive and we did not think they had any intention to appeal.”

Fahmy said the issue of salary restoration will again be put on hold until the High Court makes its decision. “I don’t know how long this is going to take,” he said. “It depends on whether any party appeals to the Supreme Court.”

He noted the CSC was not planning on appealing the case yet, but it was a possibility which would be looked at depending on how the AG’s appeal process was going.

“This is a very clear case,” Fahmy said, “civil servants cannot be singled out. There are many other staff paid by the government.”

Fahmy noted the CSC would continue with this case “until it is resolved or a decision is made by the highest authority.”

He added the continued reduction of civil servants’ salaries was “against the Constitution.”

Attorney General Husnu Suood said his office was “speaking against points of law involved in the judgement.” Basically, “we are not happy with the interpretation [of the law]” made by the Civil Court last week, he said.

“The interpretation of the law is not correct,” he stated.

Suood said his office along with the Ministry of Finance and the CSC were having “discussions as to how we should proceed with judgement passed by the Civil Court.”

He said although it was “too early to say” whether civil servants would have their salaries restored soon, he was “very hopeful that it will be settled outside of court.”

Suood reiterated the point that they wanted to settle the matter outside of the court system, and this appeal was only meant to speak against the Civil Court’s ruling.

Press Secretary for the President’s Office Mohamed Zuhair said “in this kind of scenario when they can’t agree,” the appeal is meant to give the Ministry of Finance more time to resolve the issue with the CSC out of court.

He noted Parliament still has not yet passed any of the bills which would provide the government enough revenue to surpass the needed Rf7 billion to restore civil servants’ salaries.

“We will not reach it this year,” Zuhair said, “no bills have been discussed in the house.”

He added the CSC “has no right to demand higher pay” when the government’s revenue is still not beyond the stipulated Rf7 billion.

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President inaugurates Maldives Pavillion at Shanghai World Expo

President Mohamed Nasheed and First Lady Laila Ali arrived in Shanghai, China yesterday morning for the inauguration of the Maldives Pavillion at the Shanghai World Expo 2010.

President Nasheed said the Maldives has been participating in international exhibitions of over 100 years and reminders of the participation of the Maldives in the Shanghai Expo show the country’s active involvement in the international community.

He added the Maldives’ participation in the Expo would be highly beneficial for the country.

The Expo was formally opened to the public yesterday, and is expected to draw 70 million people over six months. There are over 200 pavilions from different countries, representing the urban sustainability theme “Better City, Better Life.”

On his way to China, President Nasheed met with Thai Foreign Minister Kasit Piromya. They discussed bilateral relations between the two countries and projects being developed by Thailand in the Maldives.

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DRP criticises government for not consulting Parliament on new SAARC Secretary General nominee

Leader of Dhivehi Rayyithunge Party’s (DRP) Women’s Wing and daughter of former president Maumoon Abdul Gayoom, Dhunya Maumoon, has said the government did not consult with Parliament before nominating former Auditor General Dhiyana Saeed as the new South Asian Association for Regional Cooperation (SAARC) Secretary General, reports Miadhu.

The DRP has welcomed the new appointee for SAARC Secretary General but have criticised the government for not consulting the appointment with Parliament.

According to Miadhu, the government did not have to consult with Parliament before announcing their nomination for Dhiyana to serve as secretary general. Minister of Foreign Affairs, Dr Ahmed Shaheed, said her term will begin 1 March 2011.

Dhiyana was in office as attorney general for a short time and was previously a DRP MP during Gayoom’s government.

She is married to local businessman, Abdulla Jabir, who has been linked to a corruption case currently under investigation.

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Afghani President talks terrorism with Nasheed

President Mohamed Nasheed met with Afghani President Hamid Karzai yesterday at the Afghanistan House in the South Asian Association for Regional Cooperation (SAARC) Village in Bhutan’s capital, Thimphu.

At the meeting, President Nasheed said SAARC’s position on climate change should benefit all the countries in the region.

He noted the importance of a common SAARC position on climate change in the international arena, and highlighted the importance of promoting trade in the region through the South Asian Free Trade Agreement (SAFTA).

President Karzai said Afghanistan was rich in water before, but due to climate change, the country was experiencing yearly droughts.

The presidents also discussed ways of handling terrorism and religious extremism in the region.

President Nasheed then met with Japanese Parliamentary Vice President and Minister for Foregin Affairs, Chinami Nishimura at the Maldives House in SAARC Village.

Nishimura spoke of the existing bilateral relations between the countries and ways to strengthen these ties. She congratulated President Nasheed on the democratic reform in the country, noting the process had accelerated under his leadership.

President Nasheed said Japanese assistance has been instrumental in helping the Maldives with its upcoming graduation from the list of the UN’s Least Developed Countries (LDC). He added the Japanese Prime Minister, Yukio Hatoyama, was one of the few leaders who supported the Maldives during Copenhagen climate change summit.

President Nasheed sought Japanese assistance in developing the fisheries industry in the Maldives and to undertake a study for the reasons of decline in fishing.

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President Nasheed meets Pakistani Prime Minister

President Mohamed Nasheed met with Pakistani Prime Minister Syed Yousuf Raza Gilani yesterday.

The heads of state discussed bilateral relations and regional issues, and Prime Minister Gilani said he would like to maintain the close relations between Pakistan and the Maldives.

He said Pakistan would continue to contribute to the human resource development of the Maldives and would also continue offering scholarships to Maldivian students.

President Nasheed said he would like to see a more active South Asian Association for Regional Cooperation (SAARC), that focused on greater regional cooperation in trade and economic issues.

He added climate change is a major issue for the Maldives and the country is now facing problems like water shortages.

Prime Minister Gilani said Pakistan would cooperate with the Maldives on the issue of climate change.

They also discussed developing greater cooperation between the two countries in the areas of counter-terrorism and anti-narcotics.

President Nasheed is in Bhutan for the sixteenth SAARC summit.

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President Nasheed addresses the SAARC summit

During his first speech to South Asian Association for Regional Cooperation (SAARC) leaders at the sixteenth SAARC Summit in Bhutan, President Mohamed Nasheed called on his fellow leaders to review the effectiveness of SAARC.

He said South Asia is one of the most dynamic and important regions in the world, and all countries must be prepared for both challenges and opportunities in the future. For the benefit of all members, he said, SAARC member countries must increase cooperation.

One of the regions the president noted to be of great importance was green investment and development.

The president said South Asia could become a testing ground for innovative green technologies, research in renewable energy and new forms of sustainable development.

He called for member states to establish a Low-Carbon Research and Development Centre in the proposed South Asian University.

Speaking on democracy and human rights, President Nasheed expressed content that South Asia “is now a region of democracies,” but added there were many challenges ahead in consolidating democracy and strengthening human rights.

The president proposed a regional human rights mechanism, to help South Asian countries promote and protect the rights of their citizens.

President Nasheed noted South Asia was badly affected by the global food and energy crisis, and supported the proposal to jointly import crude oil to the region, saying it would increase energy security and would improve a bargaining position in the world market.

He added fostering inter-cultural exchange, especially amongst the youth of the region, was of high importance.

President Nasheed then called for a meeting between India and Pakistan.

The summit marks the 25th anniversary since the formation of SAARC in Bangladesh in 1985.

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President Nasheed meets with Indian Prime Minister

President Mohamed Nasheed met with Indian Prime Minister Manmohan Singh yesterday after the opening ceremony of the sixteenth South Asian Association for Regional Cooperation (SAARC) Summit being held in Bhutan.

The heads of state spoke mainly of increasing cooperation in higher education between the two countries.

President Nasheed said the Maldives is facing a shortage of lecturers and sought Indian assistance on the matter.

Prime Minister Singh said India would assist in filling the gap and provide lecturers to the Maldives.

President Nasheed then briefed the Prime Minister on the Maldives’ financial restructuring programme as well as the International Monetary Fund (IMF) programme.

President Nasheed then moved on to business, saying many Indian companies have been expressing interest to invest in the Maldives, and many were already stargin projects. He said this was a great sign of cooperation between the two nations.

They also discussed issues like climate change, defence cooperation and counter-terrorism.

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Indian press report growing concerns over possible terrorist base in Maldives

Concerns that Pakistan-based terrorist group Lashkar-e-Taiba are seeking to establish a ‘sleeper cell’ in the Maldives have re-risen following reports in the Indian media.

The Times of India reported yesterday that India has quickened its efforts to formalise the counter-terrorism partnership between the two countries.

Quoting Indian intelligence sources, the Times reported that India “has noted with concern the sharp increase in the number of visitor from the Maldives to Pakistan, where they spend a lot of time travelling around the country for purposes which are unclear but suspicious.”

The isolation and strategic location of the Maldives make it a tempting target for groups such as Lashkar, which India has identified as responsible for the attacks in Mumbai on 26 November 2008, in which gunmen entered the city by sea and killed at least 173 people and wounded 308.

Minister for Home Affairs Mohamed Shihab travelled to India in early February to meet his counterpart P Chidambaram, in order to draw up a memorandum of understanding (MoU) on counterterrorism cooperation between the two countries that was to be signed in April.

State Minister for Home Affairs Adil Saleem said today Shihab was in Delhi but the trip was on the invitation of the World Bank regarding unrelated matters.

A spokesman for the Indian High Commission said defence agreements between India and the Maldives were “a continuous arrangement” and not specific to a particular incident or group.

He acknowledged that there was “support for fundamentalist groups” in the Maldives but would not speculate on who those groups were or defence arrangements between the two countries. He noted that no agreements had progressed since the minister’s last visit to India in February.

State Minister for Foreign Affairs Ahmed Naseem noted that the Maldives and India performed intelligence sharing “very well”.

“India is very concerned about this group Lashkar-e-Taiba; I think all the countries in this region need to be vigilant,” Naseem said, emphasising the importance of “close cooperation with our regional neighbours.”

In a letter sent to the Indian parliament on Tuesday, India’s State Minister for Home Affairs Ajay Maken wrote that “available inputs indicate that Pakistan-based terrorist groups, primarily the Lashkar-e-Taiba (LeT), are making concerted efforts to organise terrorist attacks in various parts of the country, including iconic institutions, prominent industrial installations and tourist locations among others.”

In order to do so, he noted, the group was making concerted efforts to develop links with other countries in the region, including the Maldives.

Other prominent groups posing a threat included Jaish-e-Mohammed (JeM), Hizbul-Mujahideen (HM), Harkat-ul-Jehad-e-Islami (HuJI), Harkat-ul-Mujahideen (HuM), Al Badr, Babbar Khalsa International (BKI), Khalistan Zindabad Force (KZF), Khalistan Commando force, International Sikh Youth federation (ISYF), United Liberation Front of Assam (ULFA) and Communist party of India (Maoist),” Maken noted.

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Civil Court rules in favour of CSC regarding salary cuts

The Civil Court has ruled in favour of the Civil Service Commission (CSC) yesterday on their case against the Ministry of Finance regarding civil servants’ salary cuts, but did not rule on whether the salaries have to be restored.

Civil servants’ salaries were officially reduced in October 2009 with salary cuts of up to 20 percent. This measure was taken when the government’s budget deficit forced several independent commissions and government offices to reduce salaries in order to alleviate expenditure.

The government had promised to restore salaries once the budget rose above Rf7 billion (US$544 million). The cut was expected to last only three months.

In December 2009 the CSC requested the government restore salaries as the proposed mid-term 2010 budget was anticipated to exceed Rf7 billion. But disputes over whether the budget included foreign aid or not complicated the issue further, as the Finance Ministry said, excluding foreign aid the budget was Rf6.8 billion.

After months of incertitude and awaiting a decision, the court ruled “the Finance Ministry does not have the legal authority to order amendments to salaries”, according to Press Secretary for the President’s Office, Mohamed Zuhair.

Zuhair said President Mohamed Nasheed had not yet said anything on the ruling, or whether the government would appeal the decision, but noted it was a possibility an appeal would be made on the ruling.

Member of the CSC Mohamed Fahmy Hassan said the court’s decision showed “the independence of the judiciary and non-interference [of the government] in affairs of the judiciary.”

He said the CSC is hopeful “the issue will be solved” and they are “confident the Finance Ministry will give the salaries as we requested.”

Fahmy said they hoped their salaries will be restored soon, and added they will be “flexible” when negotiating the back-log of payments. He estimates the total amount of money ‘owed’ to civil servants since the pay cuts started in October 2009 is approximately Rf120 million.

“We have always had the national interest as our concern,” he said, “and we will try to come to an amicable solution.”

He noted “preliminary discussions [with the ministry] went very positively,” and said “final decisions will be announced soon.”

Fahmy said the CSC took the court’s decision as an order for civil servant salaries to be restored. “We don’t see any other interpretation.”

He added “the government is very keen to resolve this issue to the satisfaction of everybody involved,” and noted the issue would probably be solved once President Mohamed Nasheed returns to the country after his visit to Bhutan.

Deputy Minister of Finance Ahmed Assad said his reading of the court’s ruling is that “it’s the CSC’s decision” on whether they want to have their salaries restored.

“Regarding the judgement, there are no negotiations,” he said, adding the ministry is “still talking” to the CSC about the issue.

“We’ve said this before,” Assad said, “it’s not because we want to [cut their pay] but because we don’t have a choice.”

He said as far as the economy is concerned, “we don’t see any economic event that has changed [the situation].”

Assad said “we want to give it some time” and they are now waiting for the CSC to make their decision.

History

After salaries were initially reduced in October 2009, the CSC and Finance Ministry have been disputing the legality and rationality of the pay cuts. The Maldives is still among the countries with the largest civil service as a percentage of its population. In 2008, civil service salaries amounted to 34 percent of total government expenditure.

Spokesperson for the Civil Servants’ Association, Abdulla Mohamed, told Minivan News in December last year, “we believe this damage was done to civil servants as a punishment and if there really were special economic circumstances, members of parliament and independent institutions too should have taken a pay cut.”

Pay cuts for independent institutions came into effect in December and several MPs volunteered for a pay cut.

On 30 December, the CSC issued an announcement stating civil servants’ salaries and allowances had been restored, as the 2010 budget was expected to exceed Rf7 billion.

But by mid-January 2010, the issue was still unresolved and salaries had not been restored.

At the time, the Ministry of Finance stated “employees will receive the salary that was reduced due to the economic circumstances,” and disputed the CSC’s statement claiming they had not discussed it with the ministry before publicising the announcement.

In January, the Ministry of Finance asked Parliament and the Maldives Monetary Authority (MMA) to arbitrate the dispute between them and the CSC.

Fahmy told Minivan News at the time that they would put the country’s interests above the interests of civil servants, but added, “it is difficult to justify that to 29,000 civil servants if the government is spending on all the other items in the budget.”

Shortly after Parliament and the MMA were asked to intervene, the CSC warned to take legal action against the ministry. The ministry threatened to also take legal action against the CSC.

By the end of January, the government announced salaries of staff at independent commissions, courts, parliament and the judicial services had been restored, and civil servant salaries would follow in April.

On 3 February 2010, the CSC announced they would take the issue to court and “claim for the amount reduced from the salaries of civil servants.”

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