HRCM annual report on human rights reveals concerning statistics

The Human Rights Commission of the Maldives (HRCM) held a press conference this morning to present their annual report for 2009 on human rights in the Maldives.

The press conference was led by President of the Commission Ahmed Saleem and Vice President Mohamed Zahid.

The Commission expressed concern and regret that when MPs debate on bills presented at the People’s Majlis, they sometimes ignore the Commission’s comments.

The report mentions complaints made by the public directly to the HRCM.

Out of 490 total complaints made in 2009, 322 were resolved and 168 are still pending.

The highest number of complaints, 139, were job-related cases. The HRCM said most of these complaints were from people working at resorts. Thirty-seven of these cases are still unresolved.

The second highest number was relating to housing and property rights, the HRCM having received 57 complaints last year, 26 of which are still pending.

Police-related complaints amounted to 55, and eight were related to violence (all of these being marked as ‘resolved’).

Two complaints were relating to murder. Both are still pending investigation.

There were 16 complaints relating to child abuse, which was one of the issues they listed as their main priority to tackle this year. Nine are pending investigation.

The report claims the crime rates in the country have risen. It reads that communities in the Maldives have reached a state of fear mainly because of “failure to enforce sentences for convicts.”

It adds that “a large number of convicts are loose in society.”

Complaints relating to the judiciary system were 31, ten of which are still unresolved.

Problems with riots in jails were also listed as a main priority.

Members of the HRCM visited several jails last year including Maafushi jail, Malé jail, Feydhu Finolhu jail and S. Gan temporary jail.

They also visited Hinmafufhi Rehabilitation centre, Dhoonidhu police custodial and the Emigration detention centre, where they conducted their research.

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President Nasheed meets with Chief Director of German Police

President Mohamed Nasheed met yesterday with Chief Director of German Police, Günther Freisleben, as part of his European tour.

In the meeting, President Nasheed highlighted the need to rebuild and train qualified police force in the Maldives.

He sought assistance from the German police force for training, saying the German’s experience could help the Maldives in building a qualified police force.

The president noted the importance of making the Maldives police force more “people and community friendly.”

He noted that the main areas of concern in the Maldives were religious radicalism and drug-related offenses, as well as juvenile delinquency.

The two parties discussed how German police can provide assistance to the Maldives.

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President Nasheed meets German Chancellor Merkel

After his arrival in Berlin early yesterday morning, President Mohamed Nasheed met with German Chancellor Dr Angela Merkel yesterday at the Federal Chancellery.

President Nasheed was welcomed with military honours.

The meeting was focused on bilateral relations between the two countries and ways to enhance them.

President Nasheed thanked the German government and people for their support to the Maldives through the democratic reform process. He said he hoped Germany’s assistance would continue in helping to strengthen and consolidate democracy in the country.

The president also commended Chancellor Merkel for her role in helping reach an agreement at COP15 in Copenhagen last year.

Chancellor Merkel congratulated President Nasheed for the transition of democratic reform in the Maldives.

The president and his delegation were given a guided tour of Berlin, which included a visit to Hohenscönhausen Memorial, a former political prison.

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High Court freezes accounts belonging to Adam Naseer

The High Court today ruled that Adam Naseer’s bank accounts would remain frozen until the appeal process launched by the Prosecutor General’s Office is complete.

Naseer was arrested on charges of drug trafficking in July 2009, and was acquitted by Judge Abdul Baary Yousuf on 28 February, who noted there was a lack of evidence against Naseer.

The government has previously identified Naseer as one the country’s top six drug dealers, and his acquittal has raised concern among many about the integrity of the judicial system.

The High Court’s decision to freeze Naseer’s accounts follows a decision yesterday by the Criminal Court ruling that police were to return the Rf6 million (US$467,000) in cash found in Naseer’s house when he was arrested.

Police Sub Inspector Ahmed Shiyam confirmed that the police had requested the High Court suspend the order to return the money to Naseer, and to freeze his bank accounts, until the appeal process from the PG’s office was complete.

Shiyam called the court’s speedy ruling “a success” and said the police “hope future cases will be treated in the same manner.”

President’s Office Press Secretary Mohamed Zuhair said “I don’t think [Naseer] is under arrest” but noted that he was unable to leave the country.

“Immigration has a black list of all individuals with pending judicial matters,” he said.

Shiyam confirmed Naseer was “at home” but not under house arrest.

High Court decision

Deputy Prosecutor General Hussein Shameem confirmed the PG’s office submitted an appeal to the High Court yesterday for Naseer’s bank accounts to remain frozen while the appeal to his drug charges is in process.

Shameem explained that it was very important for Naseer’s money to remain frozen through the appeal process because “if he gets a hold of it, he could send it abroad or launder it.”

Under the Narcotics Law, any money obtained through illegal activities “shall be confiscated by the state.”

“We have asked the court to confiscate the money in case he is later convicted,” Shameem added.

Shameem said he thought the High Court’s ruling to freeze Naseer’s assets was “a good decision” but the noted that the case would not yet be heard in the High Court.

“They will send a summon in time. We still have to wait,” he said.

Shameem noted that the case cannot be heard at the High Court until the Criminal Court sends a formal report on the original ruling, which includes the documents that were submitted and the witness statement.

“We are still waiting on the full report from the Criminal Court, hopefully [we will get it] by the end of this week” he said. “We still need to get things started.”

Shiyam suggested “there are more charges to come” in the Naseer case,  although he would not comment on whether there will be new evidence submitted in the High Court’s hearing.

Judicial reform

There has been much public outcry about the performance of the judicial system, sparked by Adam Naseer’s acquittal.

Even President Mohamed Nasheed said at a Maldivian Democratic Party (MDP) rally on Sunday 28 February, “When there’s Rf5 million in a bag underneath the bed and the judge doesn’t think it raises any kind of doubt, I wonder how they perform their duties as a judge.”

A source familiar with the judicial reform process said the judge’s conduct needed to be “looked into”.

The source noted that 75 per cent of the country’s judges had not finished primary-level education, and had simply acquired a ‘judge’s certificate’ or been appointed by the previous regime. Historically, “a few people” instructed the judges on the law “and verdicts”.

Secretary General at the Judiciary Service Commission (JSC), Muna Mohamed, meanwhile confirmed that only 35 out of 202 judges have a degree in law, and only one has a diploma in Shari’a law. The remaining 166 have local trainee certificates.

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UNDP briefs media on decentralisation bill

The UNDP and the Ministry of Home Affairs held a press conference today at the UN building in Malé to discuss the government’s proposed decentralisation bill.

Opposition to the bill resulted in a bitter parliamentary stand-off between the MDP and DRP during parliament’s final sittings last year. This culminated in protests outside parliament between the two parties on 30 December.

Speaking at the conference today was Jens Peter Christensen, senior advisor in local government in his home country of Denmark.

Christensen started his presentation by saying that “Denmark is a good example of decentralisation—probably the most decentralised country in the world.” He said it provides a clear view on “transparency and participation” of government entities and civil society.

The slow process of decentralisation

Christensen stated that decentralisation is “the most difficult public sector reform you can make,” adding that “a lot can go wrong,” but it’s a “part of modern nation-building.”

He said the process of decentralisation is “time-consuming” and mentioned that in Denmark it has taken about 25 years for the decentralisation of government to take full effect.

In other countries, like Bhutan, the process of government decentralisation began in the early 1980s. They held their first local government elections in 2002, and have continued to hold them every three years.

Bhutan “faces some of the same challenges [as the Maldives] in dealing with remote communities,” said Christensen, and added that the Maldives could learn from Bhutan in the “cooperation between government and international donors supporting decentralisation.”

Cooperation between local government and the community

Christensen said one of the main benefits of decentralisation is “empowering local governments” and “build[ing] on the resources that are available” to each island, atoll or province.

He listed a local government’s basic functions as being primary education, health services (including care of the elderly), waste management, social welfare, public utilities, local infrastructure and promoting local economic development.

Christensen said “in developing countries [there is] usually a very weak local government,” which is why Civil Society Organisations (CSOs) and the media have “a very important role in government reform”.

“This was particularly true when dealing with transparency in the government, and acting as a ‘watch-dog’ to make sure the momentum of the reform doesn’t die down. The media have a big responsibility to the community.”

Expanding on the media’s role in a situation where the government is undergoing a major reform, Christensen said they must be aware of distributing information fairly to the public, and must look for adverse consequences.

“There will always be resistance to reform; not everybody will be in favour.”

To combat resistance and the inevitable challenges, Christensen suggested finding “a common vision” and “exploring synergies” between local government and the community.

Participation needs to be facilitated, he said, so the community isn’t left out and the government knows what is needed the most.

Reform within the reform

One of the reasons decentralisation has worked so favourably in Denmark has been its ‘Access to Information’ laws.

“You cannot expect people to become involved in government if they don’t have access to information,” says Christensen, adding that it is mandatory for every local government in Denmark to have a webpage where they publish any information concerning the government and the community.

Each local government in Denmark also has a “press officer to specifically talk to the media” and holds “regular meetings with journalists” to discuss public issues.

There is a proposed new rights to information bill in the government’s decentralisation plan, which would include similar reforms in ministries (ie having one specifically trained media officer for each ministry and local government).

Issues with proposed decentralisation bill

The main issue Christensen found with the Maldives’ decentralisation bill was there was no costing information submitted to parliament.

“What will it cost to implement [this bill]?” he asked, noting that in some situations, the task proposed can be too much for the country’s economy to undertake.

“Funding is always an issue, and lack of capacity is sometimes used as an excuse not to decentralise.”

He also warned that the proposed availability for local governments to take out loans could create big debt, and was something that needed to be watched carefully.

A word from the Ministry of Home Affairs

From the Ministry of Home Affairs, Mohamed Shareef said he had done some costing earlier, but still found that “there won’t be sufficient funds for everyone,” since “not all local councils will be able to raise their own revenue immediately.”

He also said that under the new reform, with each of the twenty atolls having at least two constituent seats in government, “the power is with the people”.

Shareef also said there will be an independent commission for the local governments, to establish a platform of communication between central and local governments. This was also one of Christensen’s main concerns regarding the decentralisation plan.

Christensen has worked extensively in policy formulation, planning and capacity development for central and local governments, and has worked with NGOs, including the UNDP.

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Malaysia Airlines withdraws lawsuit following out-of-court settlement

Malaysia Airlines has withdrawn a long-running US$35.5 million lawsuit against Air Maldives in the Malaysian High Court, after the Maldivian government withdrew a US$90 million counter-claim in the Singapore International Arbitration Centre.

Malaysia’s national news agency Bernama reported that an out-of-court settlement had been reached between the two parties after discussions on 14 February. The Maldivian cabinet held a meeting to discuss such a settlement in late December.

According to Bernama, the agreement was reached after “intense negotiations” between Malaysian Airline Systems (MAS) executives Dr Mohd Amin Khan (General Manager of Network and Revenue) and Dr Wafi Nazrin Abdul Hamid (General Manager of Corporate and Legal Services), and State Finance Minister Ahmed Assad and Attorney General Husnu Suood representing the Maldives.

Last week Suood told parliament that the Air Maldives case presented “legal challenges” and there was little documentation in favour of Air Maldives.

Neither Assad nor Suood were responding to enquiries at time of press.

Failed airline

Air Maldives went international in 1994 in a joint venture between Maldivian government and Naluri (then Malaysian Helicopter Services Berhad), a holding company owned by the chairman of Malaysia Airlines, Tan Sri Tajudin Ramli.

Naluri paid $8 million for a 49 per cent stake in the national carrier, according to a report by Alkman Granitsas in the Far Eastern Economic Review. The plan was to run short-haul flights connecting the Maldives to major regional hubs, including Colombo, Trivandrum and Kuala Lumpur.

But despite a burgeoning tourism industry the airline met an inglorious fate in 2000, spiralling into bankruptcy amid ambitious expansion into long-haul routes and allegations of mismanagement under the directorship of Anbaree Abdul Satter, also the controversial head of the National Security Service (NSS).

Initally a short-haul carrier, the airline leased three aircraft and started running long-haul routes, including Gatwick, and quickly found itself facing losses somewhere between US$50 to US$70 million. Granitsas noted at the time that the airline’s collapse in April 2000 met with little comment from the Maldives government or media, and suggested that the resultant plunge in business confidence led to a run on the rufiyaa and a dollar shortage that crippled the economy.

He quoted Husnu Suood, then a lawyer representing Airbus, as saying “the current economic crisis can be party attributed to the collapse of Air Maldives.”

A former member of the Air Maldives cabin crew told Minivan News that news of the company’s collapse was dropped “very suddenly”.

“I was on board the last flight between Male’ and Dubai when we were told,” she said. “We landed in Dubai at 8:30pm carrying a load of Hajj pilgrims from Colombo, and somebody came on board to tell us to stop any flights.  We were flown back [to Male’] and two sets of crew in Dubai were recalled.”

She added that while there had been rumours that the company was facing financial difficulty, “we’d started picking up really full flights to London Gatwick and were already planning the roster for Charles de Gaulle in Paris and Johannesburg South Africa.”

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President departs on four-nation European tour

President Mohamed Nasheed has departed this morning on his four-nations European tour.

The president is to visit Germany, Iceland, Switzerland and Finland.

President Nahseed will meet with political and industry leaders, as well as investors and climate experts in all four countries.

The president is scheduled to visit ITB Berlin, an international travel and trade show held yearly in Berlin.

He will also hold a lecture on climate change at the Freie Universität Berlin hosted by the Environmental Policy Research Centre. The Freie Universität is one of the leading research universities in Germany, and ranks among the best in the country.

President Nasheed will then attend a public lecture in Iceland, followed by a speech at the Seminar and Policy Debate organised by the Finnish Institute of International Affaris (FIIA), which produces topical information on international relations with the EU.

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President speaks of improving electricity and healthcare

In his weekly radio address on the Voice of Maldives on Friday morning, President Mohamed Nasheed spoke of providing affordable and reliable electricity, and quality healthcare, in the islands.

He said it was important that all islands receive electricity from their respective provincial utilities company. President Nasheed said that in his recent visits to the atolls he found the utilities companies provided electricity more efficiently than in the previous system, where electricity was managed by communities.

He added, however, that some islands are opposing the policy to transfer the management of island powerhouses to utilities companies.

Speaking on healthcare, President Nasheed said it was an important priority of the government. He said the government is continuously working to improve the standard of healthcare facilities in the islands.

He added that once the nationwide transport system is complete, it will complement the healthcare policy, as it will provide people better access to their nearest health facility, if the service they require is not available on their island.

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Short tempers over long lining

One of the most influential and pioneering shark and marine conservation organisations, Bite Back, has said a UK boycott of long line tuna from the Maldives is a real possibility unless the Maldivian government disallows long line fishing in Maldivian waters.

Bite Back, which works to promote sustainable fishing and halt the trade and consumption of vulnerable fish species to protect ocean habitats, has expressed alarm at the proposed long line fishing in Maldives.

Graham Buckingham, campaign director of Bite Back, says that seafood is a hot ecological topic, with consumers demanding that fish are caught sustainably and with the minimum of by-catch.

“As such, a UK boycott on long line-caught tuna from the Maldives is a real possibility that, of course, could be avoided by the government outlawing longline fishing in Maldivian waters in the first place,” he said.

Marks & Spencer, a global retail giant, and one of the major buyers of Maldivian tuna, announced last year it would no longer buy tuna that is not caught by pole and line.

Talking to the press last year, an M&S spokeswoman said: “As all of our food is own-brand, it means there will be absolutely no products in our stores that use tuna which isn’t pole or line caught.”

Minivan News has learnt that M&S buyers visited the Maldives recently and held talks with local environmentalists to ensure that all tuna in the Maldives were caught using pole and line.

The dilemma

The steady decline in fish catch has lead the Maldivian government in proposing long line as an alternative method of fishing alongside the more traditional and environmentally friendly pole and line.

President Mohamed Nasheed in his opening address to the Majlis appealed to fishermen to find new methods of fishing saying “Those massive fishing vessels that we built yesterday, that are now anchored in the lagoons as they are not suitable for pole and line fishing, are causing us immense loss.”

Nasheed went on to say that it’s not feasible to burn fuel and engage in pole and line fishing in big vessels, and experts had advised him it would be more profitable to use those vessels for group long-line fishing.

The Ministry of Fisheries is now poised to provide financial and technical support to fishermen to adopt this new method. The president urged the fishermen “to take to the seas again.”

The president also announced that licenses for foreign boats that had been catching fish using long line and net in the Maldives would be cancelled in April and Maldivian boats would take their place.

Ibrahim Manik, chairman of the fishermen’s union says “around 80 per cent of fishermen are against this new method, but the dire situation means there will be those who will adopt this.”

He says at least Maldivian fishermen will be more careful about the ecological impact.

“Even now our fishermen will release any sharks they catch by mistake, so if our people do long lining they will be more careful.”

Interestingly enough in 2008 the same union sent a letter urging the then fisheries minister to stop boats using long line methods in Maldives waters on ecological grounds.

“Even now we are saying don’t give permission for long lining, but on the other hand the fact that fishermen can’t make ends meet anymore means that there will be those who will do this for the money.

He admits that longline has negative effects on dolphin and sharks and says readily that ‘the reputation we had built over the years will be destroyed.”

Organisations like Green Peace which had urged last year for people to buy Maldivian fish would no longer be doing that, says Ibrahim.

“Money is the big factor here. A fishing boat used to earn around 10,000 Rf to 20,000 Rf per trip before, and now we have exporters also who are encouraging this.”

But even private exporters like Big Fish are worried. The company’s director Ali Riza says “long line is completely contradictory to how we fish now; Maldives Seafood Processor and Exporters Association (MSPEA) are even now debating the pros and cons of it.”

According to Ali, UK supermarkets are supposed to have certified sustainable products on their shelf in the year 2010, and this complicates everything.

“Europe is our biggest market right now and we are even now planning to participate and promote our product as one caught by sustainable fisheries in the biggest fish export fair in Belgium this year.

However he says the fact that ‘a lot of companies are now on the verge of bankruptcy’, which is also cause for concern.

No concessions

Ali says right now one can only hypothize about how European consumers will react but says he finds all the talk a bit hypocritical also.

“it’s not us that overfished the waters, but now that it’s done, we are being told not to do what western countries had been doing.”

And like Ibrahim who evoked the idea of foreign boats doing long lining, Ali says “we obviously can’t seal off our waters – fish are migratory. If we don’t do it others will overfish around us, so we might as well be the ones doing it.”

He expresses hope that there will be minimal negative impact, as they are not targeting sharks and other species, and says there will not be a “significant amount” of by-catch.

Activists like Graham say long lining causes the unintentional death of 80,000 turtles a year along with countless sharks, dolphins, sailfish and seabirds worldwide, calling it one of the most indiscriminate methods of fishing.

Major exporters like MIFCO who last year exported 115,580 cases of canned tuna, 21,008 tons of frozen tuna and 312 tons of fresh yellow fin seem to think that the shift in fishing methods would not cause a major problem.

“We will also apply for long line license when they start giving it,” says Ali Faiz, Managing director of MIFCO. He says as the customers are different for long line and canned tuna, it would not have much of an impact.

“With long lining we mostly export raw fish.”

He also scoffs at the environmental concerns, saying a lot of the time environmentalists are controlled by big businesses. “All these days’ foreign boats were doing it, and having an advantage over us. Now it will be more difficult for boats to come here and steal from us.”

He is confident that there will always be buyers for Maldivian fish.

Ali says those who support the environment friendly method of fishing in Maldives, do not give any incentive for it to be continued. “We have an entire country that is fishing with pole and line, but do we get any special concessions, any benefits because we do it?”

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