Parliament removes its requirement to authorise government loans

Parliament passed amendments to the Public Finance Act today reversing changes brought to the law in 2010 requiring parliamentary approval for obtaining loans, providing sovereign guarantees, and leasing or selling state assets.

During the final debate at today’s sitting of the People’s Majlis, opposition Maldivian Democratic Party (MDP) MP Ibrahim Mohamed Solih said he believed the government should have “the power and discretion” to obtain loans and conduct its programmes.

However, the MDP parliamentary group leader objected to scrapping a provision in the public finance law that prohibits expenditures in excess of funds allocated in the annual budget.

If Article 34(b) is abolished, Solih said the finance minister would not have to ensure that spending was in line with the budget approved by parliament.

If MVR800 million (US$51.8 million) was allocated to the police, Solih explained that the finance minister could approve MVR1 billion (US$64.8 million) for the institution.

“The purpose of passing the budget would be completely lost if this article is abolished,” he said.

Following the debate, the government-sponsored amendments (Dhivehi) were passed with 41 votes in favour, 25 votes against, and one abstention.

While Jumhooree Party MP Hussain Mohamed proposed adding clauses to require the government to provide information concerning loans and financial assistance to parliament within 45 days, neither amendment passed after pro-government MPs voted against the proposals.

The MP for Mathiveri had argued that the current law would not hamper the daily functions of the government as a decision to take a loan or provide a sovereign guarantee would not be made “one morning at the office”.

On the issue of delays in securing parliamentary approval, Hussain noted that the economic affairs committee completed its review of the amendments in two and a half hours.

“So what is the delay here? [The amendments] will be passed today. It has probably been just a week since it was submitted,” he said, noting that pro-government MPs were in the majority.

He further urged pro-government MPs to read Majlis minutes from 2010 to see how then-opposition leaders spoke in favour of the amendments.

Progressive Party of Maldives (PPM) MP Jameel Usman meanwhile said parliament unduly assuming executive powers would pose difficulties in providing services to the public.

“Our responsibility should not be stopping things but monitoring,” he said.

Restrictive

Last week, Finance Minister Abdulla Jihad told parliament’s economic affairs committee that the government faced serious difficulties due to the requirement to seek parliamentary approval before obtaining loans.

Similar requirements did not exist in any other country, he added.

Jihad referred to a loan obtained from the Bank of Maldives during President Dr Mohamed Waheed’s administration without parliamentary approval as Majlis was in recess at the time and the funds were needed to pay salaries of government employees.

In December 2013, the Auditor General’s Office revealed that President Waheed’s administration violated finance laws in securing a domestic loan worth MVR300 million (US$ 19.45 million) from the Bank of Maldives (BML) for budget support.

Meanwhile, in May, President Abdulla Yameen suggested that the requirements of the public finance law were hampering the functioning of the executive.

The government was forced to seek parliamentary approval “even for a MVR1,000 (US$65) loan,” he said.

Yameen contended that laws imposing “various restrictions” on the executive were passed by the previous People’s Majlis due to the “irresponsibility” of the former head of government.

The passage of the amendments in 2010 prompted the en masse resignation of former President Mohamed Nasheed’s cabinet on June 29, 2010 in protest of the opposition’s alleged obstruction and “scorched earth” policy.

While former Special Majlis MP Ibrahim Ismail ‘Ibra’ characterised the amendments as the “grand finale of decimating the executive,” the Nasheed administration filed a case at the Supreme Court contesting the constitutionality of some provisions.

Yameen, who was leader of the minority opposition People’s Alliance at the time, said Nasheed’s “selling off of state assets and giving up uninhabited islands” had prompted the opposition’s actions.

“When many such actions that were harmful to the public occurred, a group of people advocating as the people’s representatives – myself included – determined things that cannot be done without a say of the parliament and passed a law called the Public Finance Act to hold the government accountable,” he had said in May.

Following the controversial transfer of power in February 2012, the new administration – made up of former opposition parties – sought to reverse the restrictions concerning the sale and lease of state properties.



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More than seven Maldivians fighting in foreign civil wars, reveals home minister

More than seven Maldivians are currently fighting in foreign civil wars, Minister of Home Affairs Umar Naseer revealed at the People’s Majlis today.

Responding to a query during minister’s question time from former police commissioner and Jumhooree Party MP Abdulla Riyaz about the ministry’s efforts to prevent Maldivians joining civil wars in foreign nations, Naseer said police were monitoring persons with extremist religious views.

“In such cases, persons attempting to leave abroad with the intention of joining civil wars have been stopped with court orders and prohibited from leaving,” he said.

“And the passports of some people have been withheld for a period determined by the court.”

Maldivian jihadis have also been brought back to the country with help from foreign law enforcement agencies, he added.

However, police faced difficulties in proving guilt at court of persons intending to join foreign civil wars, he continued, suggesting that the evidentiary standard should be lowered for terrorism cases.

Police were also working with the Islamic ministry to provide religious counselling and advice to discourage Maldivians from flying overseas to fight in civil wars, Naseer said.

Efforts were meanwhile underway to establish an efficient mechanism for taking action based on intelligence information, Naseer said.

While neighbouring countries provide assistance in returning Maldivians intending to travel for jihad, Naseer said the government was unable to bring back Maldivians who have made their way into Syria.

The government is studying a recently-approved UN security council resolution on foreign terrorist fighters, Naseer said, and would comply with obligations.

A strategic action plan is also being implemented to combat religious extremism, he added, which involved prevention of radical views in public schools.

Asked about efforts to prevent recruitment in the country, Naseer said the government has banned independent prayer congregations across the country.

Naseer denied claims by opposition Maldivian Democratic Party (MDP) MP ‘Reeko’ Moosa Manik that Maldivian students who went to Sudan through the Islamic ministry in 2012 are involved in violent conflicts.

He also denied MDP MP Abdul Bari Abdulla’s allegation that government ministers were involved in a “network” for recruiting Maldivian jihadis with help from foreign terrorist organisations.

Police intelligence officers were constantly monitoring alleged recruitment efforts, Naseer said, insisting that foreign terrorist organisations or religious extremists would not be able to interfere in domestic affairs.

“The number of Maldivians participating in foreign wars would be proportionately much lower than large European nations,” he said.

Islamic State

Last month, a jihadist media group called Bilad al-Sham – which describes itself as ‘Maldivians in Syria’ – revealed that a fifth Maldivian had died in Syria.

Earlier in the month, Sri Lankan police detained three Maldivians who were allegedly preparing to travel to Syria through Turkey.

The three – two men aged 23 and 25, and a woman aged 18 – were from the island of Madduvari in Raa atoll and were released from custody upon being brought back to the Maldives.

The incident followed reports of a couple from Fuvahmulah and a family of four from Meedhoo in Raa atoll traveling to militant organisation Islamic State-held (IS) territories to join the fighting in Syria and Iraq.

A UN report obtained by the UK’s Guardian newspaper earlier this month observed that foreign jihadists were now travelling to Syria and Iraq on “an unprecedented scale”.

The report mentioned the Maldives as one of the “unlikely” places from which IS supporters have emerged.

Meanwhile, a protest march took place in the capital, Malé, in September, with around 200 participants bearing the IS flag and calling for the implementation of Islamic Shariah in the Maldives.

In late August, Foreign Minister Dunya Maumoon issued a press statement condemning “the crimes committed against innocent civilians by the organisation which identifies itself as the Islamic State of Iraq and the Levant or the Islamic State of Iraq and Syria.”

Dunya’s remarks followed Minister of Islamic Affairs Dr Mohamed Shaheem Ali Saeed’s declaration that the ISIS would not be allowed to operate in the Maldives.

“ISIS is an extremist group. No space will be given for their ideology and activities in the Maldives,” Shaheem tweeted on August 24.

Shaheem had also appealed for Maldivians to refrain from participating in foreign wars and has recently defended the government’s record on extremism before the Majlis.

The Maldivian Democratic Party (MDP), however, promptly put out a statement questioning Shaheem’s sincerity, suggesting that the words had not been backed up with concrete action by the government.

Former President Mohamed Nasheed has claimed that up to 200 Maldivians are on jihad, alleging that a vast majority of them are ex-military – a claim vehemently denied by the security services.

“Radical Islam is getting very very strong in the Maldives, their strength in the military and in the police is very significant. They have people in strategic positions within both,” Nasheed said in an interview with UK’s Independent newspaper.



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Changi signs consultancy deal as MACL aims for 9.6 million passengers

Singapore’s Changi Airport International has today signed a deal to provide consultancy services for the renewal and expansion of Malé international airport.

During a ceremony held this morning Maldives Airport Company Ltd (MACL) Managing Director Ibrahim ‘Bandu’ Saleem revealed that the new masterplan envisioned 9.6 million passengers using the airport by 2030.

Saleem questioned why “not much has been done for the development of Malé international airport”, saying that financial arrangements with China’s Exim Bank were in place, with work expected to start early next year.

A previous concession agreement with India’s GMR for the management and operation of the airport was terminated in late 2012, with the company winning its arbitration case against the Government of Maldives in June this year.

Political opposition to the GMR deal focused on nationalist sentiment, and President Abdulla Yameen has emphasised the importance of retaining government control over Ibrahim Nasir International Airport (INIA).

Both Changi CEO Lim Liang Song and Minister of Tourism Ahmed Adeeb spoke today of the strong emotional symbolism of the airport.

“As we know, our airport is very much emotionally attached – it’s not only an airport, but an airport that was built by Maldivian people and it is in their sentiments and it is President Yameen’s vision to develop the airport by the government of Maldives and to keep its operation under the government of Maldives,” said Adeeb.

Song compared this sentiment with Singaporean’s feelings towards Changi International Airport, noting that this would be kept in mind as the group.

“At the end of this, we are the consultants. We will give you best advice on practices on processes – the airport has to be moved by the emotions, the vision, of the government as well as MACL,” he explained.

During today’s signing ceremony, Adeeb discussed the government’s vision for the airport, noting that infrastructure would have to be complemented by enhanced human resources in order to provide an international class facility.

“We look forward to opening a brand new, luxurious, airport where the high end tourists would like to spend their time and have that luxurious feeling – a feeling that they are in an airport in the most beautiful destination in the world.”

Adeeb has previously explained that Changi, which manages Singapore’s multiple award-winning Changi airport, would be hired as consultants as they are better qualified to work with Chinese and Japanese contractors.

Following GMR’s renovations to the current international terminal in 2012 – part of the country’s largest foreign investment deal – the project became overwhelmed by political opposition, leaving the foundations of a new terminal to rust on newly reclaimed land.

After arbitration proceedings found the agreement to have been valid and binding, GMR have recently revealed they are seeking US$803 million for damages and loss of reputation – a figure equivalent to around two thirds of next year’s forecast state revenue.

With the court yet to conclude on the amount owed by the Government of Maldives, GMR were reported to have expressed surprise when a preliminary agreement was signed with Beijing Urban Construction Group (BUCG) to upgrade INIA.

2013 saw over 1.3 million tourists land at INIA – around one third of which were Chinese.

MACL’s Bandu Saleem noted today that the government also had plans to expand regional airports – of which there are currently ten – with plans to develop an airport in Raa Atoll.

Correction: this article previously incorrectly stated MACL had signed an agreement with Changi Airport Group. MACL signed an agreement with Changi Airports International.



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National Conference on Domestic Violence Protection Act concludes

Hope for Women and the Gender Advocacy Working Group (GAWG) have today concluded the National Conference on Domestic Violence Protection Act.

Relevant stakeholders gathered to discuss the implementation of the law, with GAWG consultant Humaida Abdul Ghafoor concluding that, while there had been slow progress, there was still “a long way to go”.

The workshop was conducted as part of the global 16 Days of Activism Against Gender Violence campaign, which concludes on December 10.

Numerous regulations were yet to be put in place, with the soon-to-be updated Penal Code, one such example.

Representatives from the Prosecutor General’s (PG) Office noted that 18 of 85 cases were successfully prosecuted in 2012-13, explained Humaida. Of these, however, 7 people received a MVR200 (US $13) fine, 8 received a MVR150 (US $10) fine, 2 were handed MVR75 (US $5) fines, while one person was sentenced to 6 months.

While the Maldives passed the landmark Domestic Violence Act in 2012, Hope for Women has previously expressed concern that poor implementation had meant the new law had little practical effect on the problem.

A 2007 study by the Ministry of Gender and Family – the first comprehensive nationwide survey of domestic violence in the Maldives – showed that one in three women between the ages of 15-49 had been a victim of domestic violence.

The study suggested there was general acceptance of domestic violence across the country and among both sexes, who perceived it as being ‘normal’ or ‘justified’.

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Majlis committee approves two more EC candidates

The Majlis independent institutions committee has approved the nomination of two new member to the Elections Commission (EC).

The names of Mohamed Shakeel and Ahmed Sulaiman will now be sent to the full floor to be approved as the third and fourth members of the EC.

Despite being presented with three nominees earlier this month, the Majlis only approved Amjad Musthafa, leaving the five-seat commission with just two members following the expiry of Mohamed Farooq and Ali Mohamed Manik’s terms.

The five-member commission that oversaw last year’s presidential election was reduced to four after Ibrahim ‘Ogaru’ Waheed resigned for health reasons during the poll.

The commission was further reduced in February this year, with the Supreme Court removing Chair Fuwad Thowfeek and Deputy Chair Ahmed Fayaz.

Source: Haveeru

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Rilwan’s family accessed social media accounts

The family of missing Minivan News journalist Ahmed Rilwan have clarified that they have been accessing his social media accounts, following speculation in local media.

“We, Rilwan’s family, used his phone number to check for any clues in his accounts regarding his disappearance,” read a statement released by the family today.

“Despite more than 100 days passing since Rilwan disappeared, there has been no progress. When Ooredoo put his sim card number on the market after three months of inactivity, we took his number and attempted to check his accounts.”

Local media began publishing stories on Wednesday after Rilwan’s Facebook account became active, while speculation continued after his Viber account was also seen to have been accessed.

Rilwan’s family went on to express gratitude for the continuing public concern, while noting that the police have also been informed of their use of the accounts.

The Police Integrity Commission has been asked by the Maldivian Democracy Network (MDN) to investigate the police’s failure to investigate dangerous criminal activity outlined in a report into the August 8 disappearance, while Rilwan’s family have had a case accepted regarding negligence in the investigation.

The September report, conducted by a UK-based private investigator firm, suggested Rilwan was likely to have been abducted by radicalised gangs. Police subsequently dismissed the report as politically motivated, though they have yet to reveal specifics regarding the nature of their investigation.

Police Commissioner Hussein Waheed and Home Minister Umar Naseer have blamed MDN, Rilwan’s family, and the media for the stalled investigation.

One suspect remains under house arrest in relation to what is believed to have a been an abduction at knife-point from outside Rilwan’s Hulhumalé apartment.

Known gang members were captured on CCTV following Rilwan in the moments prior to his disappearance and, while the home minister has acknowledged gang involvement, he has also compared case  to ‘unsolvable’ mysteries such as Malaysian flight MH370 and the JFK assassination.

Numerous international organisations, including Amnesty International, have expressed concern at the 28-year-old’s disappearance and the subsequent failure of the police investigation.

In a statement to mark the 100 days of disappearance earlier this month, Rilwan’s mother Aminath Easa said the state had failed to protect her son and bring perpetrators to justice.



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High Courts overturns dismissal of Thinadhoo terrorism trial

The High Court has today reversed a Criminal Court decision to throw out the case against the 89 Thinadhoo arson suspects.

Criminal Court Chief Judge Abdulla Mohamed had dismissed the charges, claiming the Prosecutor General’s (PG) Office was refusing to cooperate with the trial after state prosecutors’ failed to turn up to a trial scheduled for 10am on Saturday, November 22.

A lawyer representing some of the defendants confirmed that High Court had said Judge Abdulla had not given reasonable notice of the hearing to the PG’s Office.

PG Muhthaz Mushin had requested the High Court to rule the dismissal of the case through a letter as unlawful and to order that the terrorism trials continue.

The 89 defendants faced terrorism charges for allegedly setting fire to the island’s police station, court building, and several police vehicles during nationwide unrest on February 8, 2012 in the wake of former President Mohamed Nasheed’s controversial resignation the previous day.

State prosecutors had claimed that the Criminal Court had attempted to handover summons to court outside work hours on Thursday, November 20.

State prosecutor Shaudha Shameem has argued that the Criminal Court could only throw out charges in a courtroom in the presence of the plaintiff and defendant, and claimed Judge Abdulla had failed to follow due procedures in dismissing the case.

The defence lawyer who spoke with Minivan News noted that representatives of the lower court had not been present at today’s hearing. The Criminal Court will now go on recess from December 1 – 15.

Other lawyers representing the defence had previously defended Judge Abdulla’s decision, saying that it was within his powers to dismiss charges if the plaintiff fails to abide by the judge’s orders.

Abdulla’s decision had prompted unexpected praise from former President Mohamed Nasheed – accused of illegally detaining the controversial judge in the final days of his presidency.

“Abdulla Mohamed has decided the case is invalid. When the prosecutor general submits the same cases to his desk again saying he has the power and authority of the state, that is an affront to the rule of law and courts,” Nasheed told reporters last week.

Previously, the judge ordered 55 of the 89 defendants be held in detention pending the outcome of the trials, claiming the accused were intimidating witnesses.

Around 80 people from Addu City are also currently facing terrorism charges in relation to unrest in the southernmost atoll on February 8.



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Civil society groups condemn proposed restrictions to constitutional rights

Civil society groups have condemned proposed amendments to the law prohibiting possession of dangerous weapons, which would restrict the rights to remain silent and to retain legal counsel

The Maldivian Democracy Network (MDN) and Commonwealth Human Rights Initiative (CHRI) have urged parliament to withhold from passing the amendments.

A joint press statement by the two organisations stated their belief that the amendments to the 2010 law “absolutely violates rather than limits fundamental rights of the people” and that, if passed, “will seriously hinder the democratic system Maldives has transited to”.

The statement also expressed concerns that the amendments’ use of the phrase ‘..although the Constitution states such..’ appears to bring in laws above the Constitution, opening space for similar amendments to be made which also violate the Constitution.

Attorney General Mohamed Anil revealed the government’s intention to narrow constitutional rights at a press conference in October after a spate of violent assaults in the capital – which police said were a series of gang reprisals – saw three young men stabbed to death.

While presenting the amendments to the Peoples Majlis earlier this month, the ruling Progressive Party of Maldives (PPM) MP Ibrahim Didi said special measures were needed to curb increasing violent assaults, to ease the public’s fears and anxiety, and to establish public order and safety.

The amendments bill states that suspects arrested for assault with sharp objects or dangerous weapons will not be able to exercise the right to remain silent “to any extent”.

Police could also question the suspect if he or she is either unable to have an attorney present within six hours, or waives the right to retain legal counsel.

Moreover, the suspect could only consult a lawyer in the presence of a police officer for the first 96 hours after the arrest.

MDN and CHRI argued that such amendments would eventually result in the “subversion of the Constitution”. Opposition MPs have also described the changes as unconstitutional, suggesting that the government was blaming a lack of legislation for its own failure to curb violent crime.

Maldivian Democratic Party (MDP) MP Imthiyaz Fahmy has said that the actual obstacle to securing convictions for violent crimes was “incompetency and corruption within the criminal justice system”.

The MDP has condemned the growing insecurity within the country after the current government’s failure to adequately address public fears following a rise in violent crimes.

However, President Abdulla Yameen said that his administration has achieved “peace and order in Malé and all regions of Maldives” while acknowledging that “isolated and significant” dangerous crimes do occur.

Speaking at a PPM rally this month, President Yameen reiterated the government’s resolve to implement the death penalty for the sake of human rights and dignity.

“I want to say tonight as well in your presence, this government will have no mercy at all for those who slaughter Maldivian citizens with no mercy,” said Yameen at the ‘Successful 365 Days’ event held in Malé on November 21.

While speaking at a seminar on strengthening the criminal justice system yesterday (November 30), Vice President Mohamed Jameel – formerly justice minister under the presidency of Maumoon Abdul Gayoom – said that the hands of investigating officers were tied by the Constitution.

“The changes we brought to our legal system are very good. They are very complete. However, they have not been implemented in a very good manner,” Sun Online reported Jameel as saying.

“In completing the desired results of those changes, many have been negligent, and the society is becoming frustrated as a result. The people have begun questioning about the reliability of laws and the protection that should be guaranteed by a judicial system.”



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President and foreign minister express support for Palestinian statehood

President Abdulla Yameen has reiterated the Maldives’ support for the establishment of a Palestinian State on yesterday’s International Day of Solidarity with the Palestinian People.

“Acknowledgment and recognition alone are powerful gestures which can facilitate an international norm,” said Yameen.

“The Maldives welcomes all efforts towards this goal, during the International Year of Solidarity with the Palestinian People. We hope to see a future where Palestine emerges as a State with full recognition from the United Nations.”

First observed in 1977, Palestinian solidarity day falls on November 29 as, on that day in 1947, the General Assembly adopted of the  ‘Partition Resolution’, which provided for the establishment in Palestine of a ‘Jewish State’ and an ‘Arab State’.

Minister of Foreign Affairs Dunya Maumoon also released a statement yesterday, condemning Israel’s “horrific violence” and describing the world’s inability to prevent it as the “greatest failure of modern times”.

“Seventy years ago, the world built institutional mechanisms to mitigate conflicts and to address the atrocities of our times. They constructed pillars that represented the very ideals of humanity and hope for a world free from violence and carnage,” said Dunya.

“They reflect a united effort of the international community to find a prosperous world for our future generations. Yet, the Palestinians continue to be victims of an unjust occupation that violates their very right to a life free from fear and violence.”

UN Secretary General Ban Ki-Moon also marked the occasion with a call “to step back from the brink.  The mindless cycle of destruction must end.  The virtuous circle of peace must begin.”

“The scale of the destruction by the Israeli military has left deep questions about respect for the principles of distinction and proportionality, and generated wide calls for accountability,” he continued.

“The Israeli and Palestinian people face a shared fate on shared land. There is no erasing the other. Yet I fear deeply that with each passing day the people of the region are losing any sense of connection – any sense of empathy – any sense of mutual understanding of our common humanity and common future.”

Maldivian solidarity with the Palestinian people was aptly demonstrated during the Israeli aggression in Gaza this year, in which over 2000 people were killed in 7 weeks – the vast majority of them Palestinians.

An unprecedented 33-hour telethon was one of a number of fund-raising events in August which saw US$1.4 million donated to victims of the war in Gaza.

President Yameen noted yesterday that Palestinian rights remained a key part of the Maldives’ foreign policy.

“As a responsible member of the United Nations Human Rights Council, the Maldives will continue to vociferously advocate the cause of Palestine, and our people stand united as one in support of the brotherly people of Palestine”.

Re-elected to the Human Rights Council last year, the Maldives has pushed to retain agenda item seven – ‘the human rights situation in Palestine and other occupied Arab territories’ – on the council’s agenda.

“The Maldives is appalled by Israeli’s systemic aggression: horrific violence that continue to occur with no heed for international law, and actions that blatantly violate the fundamental principles of international humanitarian and human rights law,” said Dunya.

“We believe that the people of Palestine have experienced far too many losses. History has repeated far too many times.  A peaceful solution to the case of Palestine is an immediate necessity.”



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