Tag: maldives news

Second amendment on foreign land ownership likely to pass

Key opposition MPs have expressed support for a ruling Progressive Party of Maldives (PPM) proposed constitutional amendment to authorise foreign ownership of land or freeholds in the Maldives. Some 62 MPs voted to consider the amendment and have sent it to a special committee for review.

A three-quarters majority or 64 votes will be needed to amend the constitution. The ruling coalition only controls 48 seats in the 85-member house.

With 62 MPs voting to consider the bill, it is likely to pass into law. The final vote is expected on Wednesday afternoon.

Speaking at tonight’s extraordinary sitting of parliament, MP Ibrahim Mohamed Solih, the parliamentary group leader of the main opposition Maldivian Democratic Party (MDP), expressed support for the amendment, but said the government must consider Indian Ocean security in awarding plots of land to foreign parties.

The bill comes amidst increased attempts by the government to woo Chinese and Middle-eastern investors.

The constitution currently prohibits foreign ownership of any part of Maldivian territory, but allows leasing of land for up to 99 years.

The proposed amendments will allow foreigners who invest in a project worth more than US$1 billion to purchase land. At least 70 percent of the area when the project is completed must also be reclaimed land.

Jumhooree Party (JP) leader Gasim Ibrahim said the amendment was needed in an interconnected world. Land ownership by foreigners on a freehold basis was allowed in developed countries, he added.

The minimum threshold of US$1 billion worth investment will enable the government to develop the education and health sectors, he continued, and thanked President Abdulla Yameen for his “wisdom.”

Tonight’s sitting was scheduled after changes to the standing orders to fast-track the process of passing a bill into law was approved at this morning’s sitting. The legislative process includes three main stages and usually takes weeks or months. But under the new rules, a bill can be debated and passed into law on the same day.

The amendment comes amidst negotiations between the government and the MDP. The opposition has so far backed several unprecedented measures proposed by the government in hope of freedom for jailed opposition leader Mohamed Nasheed and other politicians.

The bill is the second amendment proposed to the constitution since it was ratified in 2008. MPs in June passed the first amendment to the constitution to set new age limits of 30-65 years for the presidency. Subsequently, vice president Dr Mohamed Jameel Ahmed was impeached today.

Coerced

PPM MP Ahmed Nihan – who submitted the amendments (Dhivehi) on behalf of the government today –  said contrary to “misleading” media reports, the amendments would not allow the government to sell large islands or lose sovereignty over Maldivian territory.

The PPM parliamentary group leader said the purpose of the amendment is to attract “extremely large” foreign investment and spur economic growth and infrastructure development. Nihan said Singapore developed despite the lack of natural resources because the small island state “opened up” to foreign investment.

PPM MP Ali Arif emphatically stressed no land will be given for military purposes.

MP Abdul Ghafoor Moosa backed the bill saying that the MDP’s policy is to create a real estate market and encourage home ownership. “We are very happy the ruling party now accepts our development policies. I know the government has an investor willing to invest US$1 billion. We must make use of that opportunity.”

Independent MP Ahmed Mahloof reminded ruling party MPs of their campaign to evict Indian airport developer GMR and said: “This bill amounts to selling off our land. If things continue like this, we might sell off our wives, children and the boxers we are wearing. As we celebrate 50 years of independence, our land must remain ours.”

The former ruling party MP suggested the JP and MDP had been coerced to support the amendment in exchange for freedom for Nasheed and a removal of a freeze on Gasim’s tourism companies.

Meanwhile, JP MP Ali Hussein said that Maldivians wanted clean water and sanitation instead of “mega projects.”

“They are worried about corruption. They want to divert funds wasted on corruption to development. They want tertiary hospitals,” he said. He said that the PPM wanted to award freeholds because it had failed to attract investment through the government’s flagship special economic zones (SEZ) legislation, which was passed in August last year. It gives investors tax breaks and relaxed laws.

He further warned of unchecked corruption and undue influence of large corporations if the amendment passed due to weak oversight institutions and lack of accountability.

Opposing the amendment, MDP MP Rozaina Adam said the government had failed to attract foreign investors because of a weak and politicized judiciary. MDP MP Fayyaz Ismail meanwhile said he supported the amendment in principle, but said extensive public consultations were necessary before he could back the bill.

Special economic zones

In April 2014, President Abdulla Yameen said he the SEZ law would enable investors to have “freeholds” in the country and allow investors “to engage in really, really long gestative projects.”

The opposition contended that the SEZ law would pave the way for money laundering and other criminal enterprises, undermine the decentralisation system, and authorise a board formed by the president to “openly sell off the country” without parliamentary oversight.

But the government maintained that the law was necessary to attract large-scale foreign investments and to launch ‘mega projects,’ which President Yameen has said would “transform” the economy through diversification and mitigate the reliance on the tourism industry.

The mega projects include the construction of a bridge connecting Malé to Hulhumalé and the development of a ‘Youth City’ in the reclaimed artificial island.

In January, President Yameen said 75 percent of the country’s population could be resettled in Hulhumalé and urged residents of islands with small populations to migrate to the new city. According to the 2014 census, the population of the Maldives stands at 341,256, of which 133,019 people resides in Malé.

Other mega projects envisioned by the government includes the development of a transhipment port in the Maldives’ northernmost atoll. The Ihavandhippolhu Integrated Development Project (iHavan) also involves the development of an airport, offshore docking and bunkering facilities, an export processing zone, real estate businesses, and tourism facilities.

In June, a group of Saudi Arabian investors reportedly visited Ihavandhippolhu. The Saudi Arabian government has also provided US$1 million as grant aid to finance the feasibility project.

Additional reporting and writing by Zaheena Rasheed. 

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Constitutional amendment on foreign land ownership up for debate tonight

A constitutional amendment to allow foreigners to own land in the Maldives will be up for debate at an extraordinary parliament sitting tonight, only hours after it was submitted to parliament.

The amendment allows foreign parties to own land for projects worth US$1 billion. Ownership is dependent on the parties reclaiming more than 70 percent of the plot.

The constitution at present prohibits foreigners from owning land under any circumstances, but allows the government to lease land to foreign parties for up to 99 years.

The amendment is the second amendment proposed to the constitution since it was ratified in 2008. It was proposed by Ahmed Nihan, MP of the ruling Progressive Party of the Maldives (PPM) and the majority leader.

Nihan said he has proposed the amendment to increase economic growth and to facilitate sustainable investment. It will allow foreigners free holds in the Maldives, and to transfer ownership or lease their plots.

The amendment comes amidst negotiations between the government and the main opposition Maldivian Democratic Party (MDP). The opposition has so far backed several unprecedented measures proposed by the government in hope of freedom for jailed opposition leader Mohamed Nasheed and other politicians.

MPs in June passed the first amendment to the constitution to set new age limits of 30-65 years for the presidency. Subsequently, vice president Dr Mohamed Jameel Ahmed was impeached today. He is expected to be replaced by tourism minister Ahmed Adeeb.

The amendment may be put to a vote as early as tomorrow. Tonight’s sitting was scheduled after the parliament today approved changes to the standing orders to fast-track the process of passing a bill into law.

The legislative process includes three main stages: a preliminary debate on the floor, an extensive review by a committee involving consultations with stakeholders and experts, and a final debate on the committee’s report followed by a vote. However, under the new rules, all three legislative stages can be carried out consecutively and a final vote could be held on the same day as a bill is submitted.

The changes were approved with 56 votes in favour and 24 against.

The PPM in 2014 enacted a law on special economic zones with tax breaks and little regulation to incentivize foreign investment. The government previously said one SEZ project could transform the economy, but has so far failed to attract investment.

The amendment on foreign ownership comes amidst increased attempts by the government to woo Chinese and Middle-eastern investors.

The proposed change includes amending Article 251 of the constitution and adding a new chapter to the constitution. Below are some important provisions.

Article 302: If a project meets the set criteria, he Maldivian government may grant any party a freehold in the area designated for the project

Article 304: A project can only be approved if it meets the following criteria
(a) A project approved under a law passed by the People’s Majlis
(b) An investment of US$1billion in the territory of the Maldives
(c) When the project reaches completion, at least 70 percent of the land must have been reclaimed from the ocean and visible at medium tide

Article 305: The parliament can increase the threshold for investment by a law. However, such a change will not apply to projects approved before its enactment.

Article 251: No foreign party shall own land in the Maldives, except under the circumstances specified in Article 302. Allowing foreigners to own land under Article 302 does not undermine the Maldivian state’s sovereignty over its territory and does not amount to loss of territory.

Reporting by Hassan Mohamed, Ahmed Naish and Zaheena Rasheed. 

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My life was under threat, says former vice president

Accusing President Abdulla Yameen and MPs of treachery and destroying the constitutional order, impeached vice president Dr Mohamed Jameel Ahmed said he had received threats to his life when he refused to resign.

“Every move in this campaign was organised. Every act was planned at driving a wedge between myself and the people who elected me. My reputation was threatened and finally I started receiving threats to my life. A message was sent to my family saying the president wanted me to resign. Otherwise, they were told, my family members and I could be framed as others have been,” he said, in an 18-page statement shared with the media ahead of the successful impeachment.

Jameel is currently in London. He left abruptly in late June within a day of the People’s Majlis approving a constitutional amendment that will allow President Yameen to replace him with the tourism minister Ahmed Adeeb.

Jameel’s lawyer was barred from responding to charges on his behalf before today’s vote. He is accused of incompetence and disloyalty, and was removed with overwhelming support from the opposition.

In his statement, Jameel accused MPs of ruling Progressive Party of the Maldives (PPM) of betrayal. Reminding them of his efforts to elect them, he said they have now succumbed to lucrative gifts of islands and plots of land, offered illegally from the state coffers.

Soon after the ex vice president’s family members received warning messages, Adeeb sent a message with the words “Let’s talk.” The meaning was very clear, Jameel said. Intelligence reports can be fabricated and evidence can be fabricated, he said, referring to the jailing of ex-defence minister Mohamed Nazim on weapons smuggling charges. Nazim maintains he was framed by rogue police officers on Adeeb’s orders.

Jameel also accused President Yameen of undermining democracy.

“The president promised to strengthen democracy. But his actions indicate otherwise, the state of the independent institutions and the public broadcaster indicate otherwise. What has happened to dissidents and their properties is a joke. Licenses can be withheld all of a sudden, bank accounts frozen and agreements can be annulled. But they can be reinstated as quickly through opaque political negotiations.

“This is testament to the state of the rule of law in the Maldives. It is as if [President Yameen] has forgotten how weak he was when he assumed the presidency, and as if he has forgotten the great responsibility of his powers. It is as if the president now represents those who dare to act as they want, to accuse others without any basis and violate rights without any fear,” he said.

Aspiring politicians can now be jailed and their voices silenced on false accusations, he said. The opposition, instead of upholding the rule of law, is more interested in government’s promises of commuting sentences, withdrawing charges and ceasing investigations, he alleged.

All 20 MPs of the main opposition Maldivian Democratic Party (MDP) voted to impeach Jameel today. Negotiations are ongoing between the MDP and the government. The party has suggested jailed opposition leader Mohamed Nasheed will be freed soon. Since negotiations began, the government also removed a freeze on opposition Jumhooree Party leader Gasim Ibrahim’s businesses.

Clemency for two ex defence ministers, and the leader of the religious conservative Adhaalath Party are also on the table.

Champions of individual rights have now sacrificed the constitution and democratic principles for personal gain, Jameel said.

Reminding MPs of accountability in the afterlife with Quranic verses, Jameel said that MPs have no right to abrogate the electoral will of the people on baseless allegations of incompetence and disloyalty.

The former vice president said he was sidelined and isolated, while any attempt at carrying out the duties of his office was seen as a move to create an independent power base. He was forced to stop calling on the public and the sick at the hospitals.

Every move was viewed with suspicion and reported to the president. Ultimately, it was seen as dangerous for others to keep up relations with him. Anyone who spoke up on his behalf was sidelined too, Jameel alleged. Finally, even the cutlery at the vice presidential palace was taken away, he said.

“The treatment I received was worse than that any other vice president has received. The staff of the president’s office will bear witness,” he said.

“Since I was elected the vice president of the Maldives, it is as if I have been on the blade of a sharp sword. If I attempted to promote the government, it was deemed an illegal activity. My silence is now seen as even worse,” he said.

Correction: This article previously stated the vice president had said his family had received messages saying they will be tried and sentenced as others have been. The correct translation would be “framed as others have been.” Minivan News apologizes for the error in translation. 

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Vice president’s lawyer barred from impeachment proceedings

The People’s Majlis has barred vice president Dr Mohamed Jameel Ahmed’s lawyer from responding to charges on his behalf before an impeachment vote at tomorrow’s parliament sitting.

Jameel is currently in London, and had appointed former attorney general Husnu Suood to read out a response on his behalf. However, in a letter addressed to Jameel today, Speaker Abdulla Maseeh said the vice president himself must be present at the sitting, according to the Constitution.

A lawyer can only accompany Jameel and provide him with legal counsel at the sitting, the letter said.

Article 100 (d) states that the vice president shall have the right to defend himself in the sittings of the People’s Majlis, both orally and in writing, and has the right to legal counsel.

MPs of the ruling Progressive Party of the Maldives (PPM) have accused Jameel of incompetence and disloyalty. The vice president abruptly left the Maldives within a day of parliament approving a constitutional amendment that will allow President Abdulla Yameen to replace him with the tourism minister.

A two-thirds majority or 57 votes of the 85-member house is required to remove the vice president. The motion alone gained 61 signatures.

Jameel was asked for a response in early July, but did not respond within the 14 day period. PPM MPs have previously said he refused to comply with the president’s orders to return to the Maldives and answer charges.

The pro-government majority in the parliament has since amended Majlis standing orders so that an investigation is not required before impeaching the vice president. MPs have also set just 30 minutes for the vice president to respond to charges.

Suood told Minivan News today that the 30-minute response period was insufficient. He said he had been preparing a defense based on statements made by PPM MPs in the media as the parliament is yet to inform him or Jameel of details of the charges against him.

The Majlis secretariat told Minivan News that a copy of the impeachment motion had been provided to Jameel with the letter notifying him of the 14-day notice.

The motion, obtained by Minivan News, accused Jameel of incompetence, dereliction of duty, links with the opposition and failure to defend the government. The vice president is also accused of excessive expenditure from the state budget.

“No substantial evidence has been made public. I do not believe that president Yameen’s alleged lack of confidence in vice president Jameel is sufficient grounds for impeachment,” Suood said.

PPM parliamentary group leader Ahmed Nihan, however, said the president’s confidence in the vice president is crucial as he is to assume the responsibilities of the president in his absence.

Nihan said PPM MPs had gathered a large amount of evidence and information regarding Jameel’s alleged incompetence for over a year.

“Projects assigned to Jameel in sectors such as education and health had been stalled for about ten months. He also attempted to divide MPs by taking some of them on trips and making statements that may affect their confidence in the president,” he said.

“We also have evidence of Jameel’s official and unofficial involvement in the opposition protest on May 1,” he added.

Some 20,000 people took to the street on May 1 over former president Mohamed Nasheed’s imprisonment. Some 200 people were arrested in violent clashes.

Jameel has denied allegations of incompetency. In an interview with the New Indian Express, he said that he had been carrying out his duty as the President Yameen had ordered him to.

Opposition politicians have meanwhile claimed President Yameen is fatally ill and wants a more loyal deputy ahead of a life threatening surgery. The government continues to deny rumors of the president’s health.

The parliament in late June passed the first amendment to the constitution with overwhelming multi-party consensus to set the new age limits of 30-65 years for the presidency and vice presidency. Tourism Minister Ahmed Adeeb is now 33. The constitution previously stated that candidates must be 35 years of age.

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Ex president’s lawyer denied work visa

Jared Genser, a member of former president Mohamed Nasheed’s international legal team was denied a business visa upon his arrival in the Maldives today.

Genser, the founder of Freedom Now, an organization that works for the rights of political prisoners, entered Maldives on a tourist visa when he was denied the three-month work visa. He departed to Colombo after a few hours in Malé.

Genser is representing Nasheed along with Amal Clooney, the wife of Hollywood actor George Clooney, and Ben Emmerson, a UN rapporteur on counter-terrorism and human rights.

The three helped the opposition leader file a petition with the UN working group on arbitrary detention, requesting a judgment declaring Nasheed’s 13 year jail term on terrorism charges arbitrary and illegal.

Genser is expected to return to the Maldives to meet with Nasheed at a later date, a source familiar with the matter said. Nasheed was recently transferred to house arrest.

The government in the response to the UN working group insisted judges followed due process in Nasheed’s trial.

Diplomatic pressure has been mounting on President Abdulla Yameen’s government to release Nasheed and other jailed politicians, including two former defense ministers, a former MP of the ruling party, and the leader of the religious conservative Adhaalath Party.

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PPM MPs slam Commonwealth ‘bullying’ as opposition MPs warn against isolation

Pro-government MPs have accused influential countries in the Commonwealth of “bullying” the Maldives and interfering in domestic affairs in a parliamentary debate on quitting the inter-governmental body. Opposition MPs warned that the current administration’s foreign policy would isolate the country.

President Abdulla Yameen had sought parliament’s counsel on the country’s membership of the Commonwealth following lobbying efforts for an assessment of Maldives’ alleged violations of the organisation’s principles with the imprisonment of opposition politicians, including former President Mohamed Nasheed.

In a letter to the speaker – read out at today’s sitting – the president noted that the cabinet had suggested a review of the Maldives’ role in the Commonwealth and requested the parliament’s advice on the issue.

In the ensuing debate, ruling Progressive Party of Maldives (PPM) MP Ahmed Nihan said some Commonwealth members are trying to place restrictions on the Maldives and harm the country’s economy and tourism industry through the Commonwealth Ministerial Action Group’s (CMAG).

The Maldives’ treatment in the Commonwealth was akin to “the weakest or quietest kid in the class being bullied by the biggest group or kid,” he said.

If the government decides to leave the Commonwealth, the PPM parliamentary group leader said he would fully back the decision.

PPM MP Riyaz Rasheed meanwhile called on MPs to propose immediately leaving the Commonwealth to the government.

The Commonwealth was demanding opposition leader Nasheed’s release from prison, Riyaz claimed, which was contrary to separation of powers and the constitution adopted in 2008 with the organisation’s assistance.

“[The Commonwealth] does not want Islam in the Maldives. They want to spread false religions here, they want to build temples here, they want to elect a leader here who can carry out their agenda,” he said.

The Maldives should not be “afraid” of the Commonwealth as unlike India and China the organisation has not provided significant aid to the country, he continued.

Earlier this month, foreign minister Dunya Maumoon said the Maldives “will seriously consider its membership at the Commonwealth” if it is placed on the agenda of the Commonwealth’s human rights and democracy arm for a second time in four years.

The Maldives was placed on the CMAG’s agenda in 2012 “on an unfair basis, based on false allegations, and the country’s economy and democratic governance suffered significantly as a result,” Dunya said.

In mid-June, Canada had called on CMAG to “urgently put the deteriorating situation in the Maldives on its formal agenda,” prompting Dunya to accuse the Canadian government of hypocrisy. “Canada should address the cultural genocide it is alleged to have committed against native Canadians before trying to teach other nations about values of democratic principles and human rights,” she said.

Echoing Dunya’s criticism during today’s debate, ruling party MPs said the countries pushing for action against Maldives has committed serious crimes, such as “electoral fraud” and “cultural genocide.”

Others also called on the Commonwealth to apologise to the Maldives for taking action against in the wake of former President Nasheed’s controversial resignation in February 2012.

The Maldives was placed on the CMAG agenda from March 2012 to March 2013 after Nasheed resigned amidst a police and military mutiny. He later alleged he had been ousted in a coup d’état, but a Commonwealth-backed inquiry found the transfer of power to be constitutional.

Main opposition Maldivian Democratic Party (MDP) MP Mariya Ahmed Didi advised the government to accept criticism from international partners “instead of saying we’re an independent country and becoming isolated from the world.”

The Maldives is dependent on imports and tourists and could not survive with an isolationist stance in an inter-connected world, she said.

MDP MP Eva Abdulla said Maldivian teachers, students, doctors, and athletes have received numerous opportunities through the Commonwealth in addition to assistance from member states.

The Commonwealth offers a platform for the Maldives to have its voice heard in the international arena, she said.

The Maldives could not achieve development and progress in isolation from the rest of the world, she continued, and foreign policy should be shaped accordingly.

“Temporary benefits or quarrels” should not dictate foreign policy or bilateral relations, Eva said.

The debate will continue tomorrow.

The CMAG in a recent meeting in London decided not to review the Maldives.

The president is authorized to determine. conduct and oversee the Maldives’ foreign policy according to the constitution.

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Quitting Commonwealth will be “a huge mistake,” says vice president

Appealing to lawmakers to support the Maldives’ continued membership in the Commonwealth, vice president Dr Mohamed Jameel has said that quitting the intergovernmental body will adversely affect the Maldivian youth, women and business community.

The People’s Majlis, at the request of president Abdulla Yameen, is set to debate the benefits of Maldives remaining in the Commonwealth today.

Some member states are lobbying the body’s democracy and human rights arm, the Commonwealth Ministerial Action Group (CMAG), to take punitive action against the Maldives over alleged repeated violations of the organization’s principles, including the jailing of former president Mohamed Nasheed.

Quitting the Commonwealth will be a huge mistake, Jameel said in a statement issued from London today. “We should never allow the heat of politics to cause long lasting damage to national interests.”

The vice president noted that many of Maldives’ important partners are Commonwealth member states, including India, Sri Lanka, Bangladesh, Singapore, Malaysia, the UK, Australia, Canada and New Zealand.

Continued good relations with Commonwealth member states is vital for the Maldives’ economy and security, he said. “It will be extremely naïve to think that snubbing an association in which our neighbours and partners play a leading role will not undermine our relations with them,” he said.

“It will be particularly foolhardy to quit the Commonwealth to spite the Commonwealth Ministerial Action Group at a time when regional countries like India, Sri Lanka and Pakistan are sitting on CMAG,” he added.

Jameel is meanwhile facing impeachment by the People’s Majlis. A vote is expected on July 21. He abruptly left the Maldives within a day of the parliament approving a constitutional amendment that will allow President Yameen to replace him with the tourism minister.

The ruling Progressive Party of the Maldives’ attempt to impeach Jameel is the latest in a series of dizzying turn of events in Maldivian politics. The opposition backed the constitutional amendment in exchange for opposition leader Nasheed’s transfer to house arrest. Subsequently, the opposition and the government began talks in late June, raising hope of an end to a six-month long political crisis.

Diplomatic pressure has been mounting on President Yameen to release Nasheed and other jailed politicians, including two ex defense ministers, a former ruling party MP and the leader of the religious conservative Adhaalath Party.

The Maldives was first placed on the CMAG agenda after Nasheed’s ouster in 2012. A Commonwealth backed inquiry found the transfer of power to be legal.

As efforts to place Maldives on the CMAG’s agenda for a second time intensified in July, foreign minister Dunya Maumoon threatened to leave the Commonwealth, claiming the “country’s economy and democratic governance suffered significantly” as a result of the events of 2012.

The CMAG, however, decided not to review the Maldives at a recent meeting in London.

Jameel today praised Dunya for her “policy of engagement” and said her efforts had prevented the Commonwealth from taking punitive steps against the Maldives.

Calling on the Maldives to foster existing relationships, Jameel noted that many of Maldives’ students study in Commonwealth countries and benefit directly or indirectly from opportunities linked to the Commonwealth.

As a developing country, Maldives also benefits from various capacity building programmes in the Commonwealth, he said. The inter-governmental body plays a vital role in supporting the integration of small states into the global economy.

While maritime security is an important priority for Maldives, the partners it relies on for operational capacity and effectiveness are mostly from the Commonwealth, he said.

“At every major challenge the Maldives had faced over the past 30 years, the Commonwealth has proved to be a vital partner, supporting, guiding and assisting us to attain success. These include strengthening national sovereignty through the small state security initiative in 1989, claiming a vast portion of the Indian Ocean and its seabed to expand our national wealth in 2010, or in supporting democracy-building as in 2005-2008, and facilitating national healing through supporting the work of the Commission on National Inquiry in 2012,” he added.

President Yameen in November 2014 had declared a foreign policy shift to the East, claiming that economic cooperation with China does not involve the same challenges to remaining an Islamic state as posed by some Western powers.

The Maldives joined the Commonwealth in 1985.

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President requests Majlis counsel on leaving Commonwealth

President Abdulla Yameen has requested parliamentary counsel on leaving the Commonwealth amidst lobby efforts by some member countries for an assessment of Maldives’ alleged violations of the organization’s principles following the imprisonment of opposition politicians, including former President Mohamed Nasheed.

The president’s letter will be read out and put up for debate at a People’s Majlis sitting tomorrow.

The ruling Progressive Party of the Maldives (PPM) parliamentary group held a meeting this afternoon with President Yameen, Attorney General Mohamed Anil and tourism minister Ahmed Adeeb to assess the pros and cons of the Maldives staying with the Commonwealth.

PPM parliamentary group leader Ahmed Nihan told the press the attorney general and the tourism minister briefed MPs on the legal and economic aspects of leaving the Commonwealth. He declined to comment further.

The cabinet on Thursday also called for a review of how Maldives benefits from being part of the Commonwealth.

Earlier this month, foreign minister Dunya Maumoon said the Maldives “will seriously consider its membership at the Commonwealth” if it is placed on the agenda of the Commonwealth Ministerial Action Group (CMAG) for a second time in four years.

The Maldives was previously placed on the CMAG’s agenda “on an unfair basis, based on false allegations, and the country’s economy and democratic governance suffered significantly as a result,” Dunya said.

The CMAG in early July decided not to review the Maldives.

Former foreign minister Dr Ahmed Shaheed said that the CMAG only granted the Maldives further time to “sort out [the] mess Maldives is in.”

Dunya maintains there are no “serious and persistent violation of Commonwealth political values in the Maldives.”

The Maldives was placed on the CMAG agenda from March 2012 – March 2013 after President Nasheed resigned amidst a police and military mutiny. He later alleged he had been ousted in a coup d’état.

A Commonwealth backed inquiry found the transfer of power to be constitutional.

In mid-June, Canada had called on CMAG to “urgently put the deteriorating situation in the Maldives on its formal agenda.” The Commonwealth’s democracy and human rights arm can recommend measures for collective action to restore democracy and constitutional rule.

Diplomatic pressure has been mounting on President Yameen to release Nasheed and other jailed politicians, including two former defence ministers and a ruling party MP.

Photo: Opposition supporters carry Commonwealth flags at a protest in 2012

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Bill proposes criminalizing ‘expressions contrary to national interest and Islamic tenets’

The Attorney General’s (AG) office has drafted a new law that would criminalise expressions contrary to national interest or tenets of Islam.

The draft legislation (Dhivehi) on freedom of expression – obtained by Minivan News – states that four types of “expressions contrary to national interest” will constitute criminal offences: encouraging harm to a person or damage to private party, calling for the illegal overthrow of the government, threatening the country’s independence, sovereignty, and security, and accusing a person of committing a hadd offence without conclusive evidence.

Free expression can be restricted on the grounds of national security only if the following circumstances arise: if there is a need to protect the nation or its territory, if Maldivians or foreigners threaten national security with the use of force, and if the government’s ability to defend the nation is endangered.

If the state restricts freedom of expression in such cases, the state must show that the right has been restricted as narrowly as possible, that the restriction is permissible in a democratic society, and that the expression in question poses “a serious danger to national security.”

Hadd offences are crimes for which punishments are prescribed in the Quran or the hadith (sayings of the Prophet), including theft, fornication, making unproven accusations of illicit sex, drinking intoxicants, apostasy, and highway robbery.

The punishment for falsely accusing a person of committing a hadd offence is a jail sentence of between one to three years and a fine of between MVR50,000 (US$3,242) and MVR100,000 (US$6,485)

The bill states that encouraging harm or damage to property – excluding calls for a boycott of goods – and calling for the illegal overthrow of the government can be prosecuted under sections 222 (threatening catastrophe) and 610 (rioting or forceful overthrow of the government) of the new penal code.

Expressions that threaten independence, sovereignty, or national security are punishable by a jail sentence of between three to five years and a fine of between MVR100,000 and MVR500,000 (US$32,425).

The bill states that individuals can be prosecuted for the offences if he or she is unable to prove the truth of a claim under standards followed in civil defamation cases.

The freedom of expression bill was among the government’s 207-bill legislative agenda. It was scheduled to be submitted to parliament during the second session of 2014, but has yet to be submitted.

In May, prosecutor general Muhthaz Muhsin said his office was looking into prosecuting opposition politicians for libel and slander following allegations linking President Abdulla Yameen and tourism minister Ahmed Adeeb with the brutal murder of MP Afrasheem Ali in 2012.

“People are acting however they want. They are trying very hard to defame state institutions in front of the public. The constitution does not give us the right to commit crimes hiding behind a political party,” he said.

“People in responsible posts are publicly accusing others of murder. We are researching on pressing charges against individuals who accuses some one of a crime and which the punishment is hadd.”

Later that month, President Abdulla Yameen threatened to prosecute Adhaalath Party president Sheikh Imran Abdulla, who had said the president and tourism minister would know the truth behind the murder.

“I am being accused falsely. This government will penalise them. I want to file charges against those who are making these accusations. Not that of defamation, but criminal charges. I will file charges against Sheikh Imran,” he said.

Religious unity

The Maldivian constitution guarantees “the right to freedom of thought and the freedom to communicate opinions and expression in a manner that is not contrary to any tenet of Islam.”

The draft freedom of expression bill criminalises insulting Islam, questioning the validity of a tenet of Islam, and threatening religious unity or causing religious disputes, strife, and discord.

Persons accused of anti-Islamic expressions can be prosecuted under section 617 (criticising Islam) of the new penal code.

The bill, however, exempts “constructive opinions” expressed respectfully regarding Islamic tenets for academic or research purposes or at a public forum.

The proposed law states that permission must be sought from the Islamic ministry to preach, deliver religious sermons, or inform the public about religious edicts and specifies a fine of between MVR50,000 and MVR100,000 for violations.

Teaching Islam at a school, college, or university without the ministry’s permission will also be punishable with a fine of between MVR10,000 and MVR50,000.

The 1994 religious unity law will be repealed once the proposed law comes into force. The Islamic ministry must enact new regulations on issuing permission based on education and experience and put in place a mechanism for investigating complaints.

Under the new law, the Human Rights Commission of Maldives will investigate complaints of expressions contrary to national interest or Islamic tenets and forward cases to the prosecutor general’s office.

The bill states that defamation will not be considered a criminal offence and specifies civil remedies. The Supreme Court is mandated to enact regulations specifying rules for determining compensation for damages.

Defamation cases can only be heard in cases where the complainant has suffered damages.

Defamation was decriminalised in 2009 when parliament abolished section 125 of the old penal code, which stated: “Where a person makes a fabricated statement or repeats a statement whose basis cannot be proven, he shall be punished with house detention for a period between one to six months or fined between MVR25 and MVR200.”

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