Tag: maldives news

HRCM urges state to refrain from prosecuting children coerced into crime

With additional reporting by Daniel Bosley

The Human Rights Commission of the Maldives (HRCM) has noted the increase of child participation in serious crimes, stating that children coerced or forced into committing such crimes should not be prosecuted.

“It has come to our notice that children are taking part in serious crimes of late. As children are persons who are sometimes unable to reflect on their situations and judge wrong from right, the number of children who realise they are committing a crime will be few,” the commission said.

The HRCM described it as “unacceptable that some adults are coercing children to commit crimes so that they can remain safely in the background and free of legal repercussions while it is the children who are prosecuted for these crimes.”

“Crimes involving children must be fairly investigated, and those who coerce the children to commit those crimes must be duly prosecuted and brought to justice,” the statement continued.

The participation of young people in Malé’s prominent gang culture has been well documented, as have the links between organised crime and powerful local politicians and businessmen.

Police Commissioner Hussain Waheed also noted the increase in child offenders, stating that theft, assault, drug abuse, and mugging were the most common crimes into which children are coerced.

Waheed spoke of the importance of organising a national level movement to bring an end to children being forced to participate in criminal activity.

The HRCM called upon parents to be mindful and for the relevant state authorities to raise the rights of the child as their highest priority.

The commission’s statement – released on the occasion of Children’s Day – followed the government’s introduction of regulation enabling the reintroduction of the death penalty last month, which allows for the sentencing of juvenile offenders once they turn 18.

Urging repeal of the new regulations, the spokesman for the Office of the High Commissioner for Human Rights, Ravina Shamdasani, has said that such “deeply regrettable” practices contravened international law.

“We urge the Government to retain its moratorium on the use of the death penalty in all circumstances, particularly in cases that involve juvenile offenders and to work towards abolishing the practice altogether,” said Shamdasani.

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PPM leader Gayoom announces membership drive

The Progressive Party of Maldives (PPM) will undertake a membership drive, former president and leader of ruling party Maumoon Abdul Gayoom announced on Saturday.

At a meeting with the incumbent and newly elected PPM parliamentarians, Gayoom asserted that it was vital to further strengthen the party in order to ensure that it remains in government. He stated that the best way to do so is to increase the general membership.

He announced that the party has selected a ‘task force’ to undertake the work of increasing membership, and that work has already commenced in several atolls.

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Maldives joins global air traffic control association

The Maldives Air Traffic Controllers Association (MATCA) has joined the International Federation of Air Traffic Controllers Association (IFATCA).

MATCA’s president Saddam Ahmed Saeed and secretary Yusuf Naeem took part in IFATCA’s 59th annual general meeting, which was held in Spain on Friday (May 9), local media has reported.

The vice president of MATCA Amhaar Mahraan Mohamed told Haveeru today that being a member of an international organisation will provide the MATCA updated on the latest developments in professional opinions and security in the field.

“The international federation usually gives advice on improvement techniques and keeps us updated on new developments in the field. One of the biggest objectives of the association is to provide professional opinions and strengthen air transport facilities. We will be granted all these opportunities now that we are also a member there,” he said.

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Criminal cases in PG leadership absence unconstitutional, says Drug Court judge

Any trials of criminal cases in the absence of a prosecutor general (PG) and a deputy PG violates the constitution, Drug Court Judge Mahaz Ali has said.

Writing on his personal blog, Mahaz disagreed with the attorney general’s (AG) recent suggestion that the official in the senior most position at the PG office must take over the PG’s responsibilities.

AG Mohamed Anil claimed the country was in the midst of a “state of necessity” in the aftermath of acting PG Hussain Shameem’s resignation earlier this week.

The doctrine of necessity is the basis on which extra-legal actions by state actors, designed to restore order, are deemed constitutional.

Both the Maldivian Democratic Party (MDP) and the Maldives Bar Association have also spoken out against the government’s stance on the matter.

State of necessity

Mahaz wrote that the state of necessity argument was valid only if there was no legal solution, suggesting that there was no reason President Abdulla Yameen could not propose a name for approval by the People’s Majlis.

“A state of necessity is faced only when all legal avenues have been exhausted. In the current situation, the solution is to appoint a new prosecutor general. The current People’s Majlis is not in a situation where it cannot carry out its duties,” wrote the judge.

“The authority that must nominate a candidate [the President] is able to do so. Unless these two parties are in a state in which they cannot carry out their constitutional duties, a state of necessity will not be faced in the prosecutor general’s case.”

Although Shameem has called on the executive and People’s Majlis to approve a PG immediately, President Yameen said he will only submit a new nominee to the newly elected house – set to convene on May 28.

After a drawn out nomination process, Yameen’s previous choice for the role – his nephew, Maumoon Hameed – failed to gain the required number of votes in parliament last month. In contrast to the previous session, pro-government parties will enjoy a healthy majority in the 18th Majlis.

Judge Mahaz argued that the Supreme Court order on 6 February – which ordered criminal courts to accept cases filed by the PG’s Office – did not provide a solution, only mentioning how to act in absence of a PG. The Supreme Court order was prompted by the Criminal Court’s January decision to refuse new cases until a new appointment was made.

Mahaz also referred to previous case law regarding the Attorney General’s Office, noting that no superior court had deemed similar instances to be ‘situations of necessity’ requiring the next in line to take charge of the office.

In July 2010, the eight Civil Court judges unanimously decided they would not proceed with civil cases in the absence of an AG following then-AG Husnu Suood’s resignation.

Violation of independence

The Bar Association of the Maldives has also joined the debate, arguing that the AG’s advise was inconsistent with the Prosecutor General Act, and that Shameem’s resignation had created a leadership vacuum.

The resignation of the deputy PG while the position of PG was vacant had left the office with no official who could now assume its legal responsibilities, the association said, arguing state prosecutors cannot represent the PG in the courts in the current situation.

“Given that the prosecutor general’s position is an independent and impartial position, this office believes the government’s exertion of influence by ordering state prosecutors to attend courts is a violation of the office’s independence,” the association said in a statement.

Despite the Prosecutor General’s Act requiring the appointment of a new PG within 30 days of the position’s vacancy, Shameem has headed the office for over five month’s following the resignation of his predecessor Ahmed Muiz in November.

The Criminal Court was forced to cancel more than 100 cases last week as state prosecutors refused to attend hearings, doubting their current legal capacity to represent the PG’s Office.

The Hithadhoo Court in Addu City is conducting criminal trials, however, and is issuing verdicts in the absence of a state prosecutor. Court officials told local media on Thursday that they did not accept the justification of absence put forth by lawyers from the PG’s Office.

In his resignation statement, Deputy PG Shameem had said he was unable to fulfill his duties due to the Criminal Court’s failure to prosecute foreigners involved in drug trafficking, delays in issuing rulings on drug related offenses, and “unreasonable obstacles” in filing cases at the court.

The President’s Office put out a third call for names this week, claiming the previous number of applicants had been low during the second call. Shameem had expressed interest in the position both times, while local media has speculated that a third call will allow Hameed to resubmit his application.

The MDP has also commented on the current situation, accusing President Yameen of nepotism:

“In contravention to principles of good governance in democratic countries, it is evident is more for the president in this current state to appoint his nephew or other relatives to the position of Prosecutor General.”

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Supreme Court forms committee to review judicial laws

The Maldives Supreme Court has formed a Multi Stakeholder Judicial Sector Law Reform Committee to review and amend judicial laws on Wednesday.

According to the Supreme Court, the committee aims to reform laws, regulations, procedures and practice rules “to pave the way for social, political, and economic changes as per the constitution, enable the judiciary to protect the democratic environment, and strengthen the criminal, civil, and juvenile justice systems.”

The committee is to consist of Supreme Court judges, the attorney general, minister of home affairs, minister of finance and treasury, prosecutor general and the commissioner of police. The Supreme Court will appoint a secretariat to facilitate the committee’s work.

Noting the difference between judicial reform and law reform, former judicial watchdog member Aishath Velezinee criticised the Supreme Court’s move as an “encroachment” on the powers of the People’s Majlis and said the results may “lead to injustice before justice.”

Although the Supreme Court may formulate regulations to improve service delivery and functioning of the court system, the apex court’s leadership role in compiling amendments to laws “is out of bounds,” she said.

The process is flawed as no one can challenge the Supreme Court’s authority, she continued.

Several documents—including the 2013 report by the UN Special Rapporteur on Independence of Judges and Lawyers Gabriela Knaul—have already made recommendations on judicial reform, she said, arguing that “forming a law reform committee does not match identified issues.”

Knaul’s comprehensive report on the Maldivian judiciary called for increased financial and human resources for the judiciary, establishing performance indicators to assess administration of justice and courts’ performances, human rights training for the judicial sector and creating an integrated system of case management.

She also called for the reinstatement of the Judicial Council tasked by the Judicature Act with administration of the judiciary. The Supreme Court had abolished the body in 2010 and taken over its powers, claiming the council was unconstitutional.

“Many interlocutors reported that the dissolution of the Judicial Council and the direct control of the Supreme Court over the Department of Judicial Administration have had the effect of centralizing administrative decisions in the hands of the Supreme Court,” the special rapporteur stated.

With the council’s abolishment, “the only platform for internal communication within the judiciary where difficulties, challenges, experiences and opinions could be exchanged, disappeared,” she added.

Velezinee claimed the new law reform committee is a further example of the Supreme Court using its “power of supremacy to hinder reform.”

She also criticised the “politicised” composition of the new committee due to the absence of independent state institutions on the committee. Although the prosecutor general is to sit on the committee, the position has been vacant since November 2013, she noted.

“If this is about human rights, why is the Human Rights Commission not involved?” she said.

Moreover, disgraced Supreme Court Judge Ali Hameed’s involvement in the process “undermines its purposes,” she said.

Hameed has been implicated in a series of sex tapes publicised on social media in 2013, but the JSC has failed to take any action against the judge. Meanwhile, the prosecutor general has also filed corruption charges against Hameed for misuse of state funds.

The Supreme Court has justified the expansion of its influence over judicial administration by invoking Article 141 and 156 of the constitution.

While Article 141(b) states that the Supreme Court “shall be the highest authority for the administration of justice in the Maldives,” Article 156 states, “The courts have the inherent power to protect and regulate their own process, in accordance with law and the interests of justice.”

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Atoll Challenge paddles 165 kilometers, raises MVR 1 million for Thalassemia

A six-man kayak team has paddled 165 kilometers around Lhaviyani Atoll and raised over MVR 1 million (US$ 64, 840) for the Maldives Thalassemia Society.

The four-day “Atoll Challenge” visited all four inhabited islands and five resorts in the northern atoll to raise awareness on the common blood disorder and raise funds to buy 50 desferal pumps – a device that removes excess iron from Thalassemia patients’ blood.

The common genetic disorder causes severe anemia and patients require life long blood transfusions. The frequent transfusions cause iron-build up in the blood.

The Maldives has the highest incidence of Thalassemia in the world with 18 percent of the population carrying the recessive gene for the crippling disorder. One in every 120 births in the country is a Thalassemia patient.

Minister of Health Dr Mariyam Shakeela welcomed the kayakers back to Kuredhu Resort on May 8. Seaplane company Trans Maldivian Airways (TMA) was the largest donator to the challenge at US$ 10,000.

The Thalassemia Society has identified insufficient screening services, shortage of desferal pumps, lack of treatment in Malé and the atolls, and lack of a standard protocol for treatment of patients as the biggest challenges patients face.

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China’s Sinohydro to build airport apron

China’s state-owned engineering and construction company, Synohydro, is to build a US$ 9 million parking apron at the Ibrahim Nasir International Airport (INIA).

The agreement was signed between the Maldives Airports Company (MACL) and Sinohydro on May 8.

MACL Managing Director ‘Bandhu’ Ibrahim Saleem said the new apron – to be built on the northern tip of the runway – will be 350 meters long and 75 meters wide. Four Boeing 777 airplanes can park on the apron.

The project is to be completed within 12 months.

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Thalassemia Society calls for equal and improved care

The Maldives Thalassemia Society has called on the government to provide medical care to all patients with the genetic blood disorder without discrimination and upgrade facilities at the Maldivian Blood Services (MCS)

The Maldives has the highest concentration of carriers for the disorder at 18 percent, and over 500 registered patients. Thalassemia causes severe anemia and requires life long blood transfusions and treatment.

Speaking at a ceremony at Nasandhura Palace Hotel last night, Abdul Muizz Hassan of the Thalassemia Society said individuals with the disorder living in the islands do not have access to proper treatment, while medical care facilities in Malé are run down and dilapidated.

“The building we go to seek treatment from is dilapidated, run down. We have to bear a lot of difficulties to seek treatment there. I plead with you, [we would like] for [the government] to provide us with treatment at a new building, so that we can go home satisfied,” he said.

Although medical care for Thalassemia patients had seen improvements over the years, the pace of development was too slow, he said,

“[B]ut our lives cannot wait on the [slow] speed at which [work] is being carried out. In order to save lives, medical care for us must be of the best quality. This care must be provided to all without any discrimination.”

Individuals living with thalassemia often undertake costly journeys to Malé or regional healthcare centers at great cost for blood transfusions, he noted.

Muizz also called for specialized doctors and urged the establishment of an international clinical protocol or medical guideline for Thalassemia patients.

According to the Ministry of Health, 26 new Thalassemia patients register for treatment every year.

Meanwhile. local television station Raajje TV said a 21-year-old female living with Thalassemia had been transfused with infected blood leading to lung complications and swollen veins. The woman is reported to suffer from diabetes as well.

Doctors at state owned Indhira Gandhi Memorial Hospital (IGMH) told the patient she was suffering from complications due to the diabetes and that the hospital could not offer her further treatment. It was only when the family went to Sri Lanka that they found out the cause of her symptoms was bacteria infected blood.

A family member told Minivan News today that the woman had sought treatment in Sri Lanka and is doing well now. The family declined to comment further.

In March, a pregnant woman was given HIV positive blood at IGMH leading to a public outcry over deteriorating health care services.  An Indian laboratory technician has been arrested over the case.

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Environment Minister pledges to minimize Maldives dependence on fossil fuels

Minister of Environment and Energy Thoriq Ibrahim has called for increased investment in clean energy in the Maldives and pledged to minimize the country’s dependence on fossil fuels.

The government is working on a low carbon development strategy to improve energy security and strengthen the economy, Thoriq told participants of a one-day workshop at the Nasandhura Palace Hotel this morning.

The Environment Minister’s announcement comes at a time when President Abdulla Yameen has called for investment in oil exploration in the country.

Minister of Fisheries and Agriculture Dr Mohamed Shainee told Minivan News in late April that at least one investor is scheduled to visit the Maldives for discussions on exploration. Shainee had assured potential investors of presence of oil in the Maldives at a recent investment forum in Singapore.

However, Thoriq today expressed concern over “the vulnerability of the Maldivian economy due to high dependence on fossil fuels.”

The country spends 30 percent of its GDP on importing fossil fuels, he said. In 2012, the Maldives had spent US$ 486 million on oil imports, and the figure is estimated to increase to US$ 700 million by 2020.

Lying just a meter above sea level, the Maldives is among the world’s most vulnerable countries to climate change impacts such as sea level rise, ocean acidification and extreme weather events.

Thoriq has previously said the government will convert 30 percent of daily peak electrical load to renewable energy.

“Maldives is committed to introduce cost-effective renewable energy as part of a diverse, low carbon and secure energy mix in our low carbon development. We are determined and actively working towards making 30 percent of daily peak electrical load of all populated islands to renewable energy within next five years,” he said in a statement on April 14.

The workshop at Nasandhura was held to present an assessment – carried out by the UN Environment Programme (UNEP) – on the potential of low carbon development in the Maldives. Minivan News was unable to obtain the document from the Environment Ministry at the time of press.

According to a press release, the assessment will help the government “make an informed contribution to climate negotiations ongoing or the new climate agreement set to be agreed in Paris in 2015.”

An official from the Environment Ministry told Minivan News that the Maldives policy on climate change has not yet been set, but said that a draft is currently under review. He said the climate change draft policy framework consists of five goals; sustainable financing, low carbon development, adaptation and opportunities, advocacy and awareness, and sustainable development.

Thoriq has previously said the Maldives will call for global temperature rise to be limited to 1.5 degrees Celcius.

In 2009, Global leaders recognized “the scientific view that the increase in global temperature should be below two degrees Celsius” to combat climate change.

Earlier this week, United Nations Secretary General Ban Ki-moon warned that too many stakeholders are still “sitting on the fence”, as he challenged participants at a climate conference in Abu Dhabi to make bold political decisions to combat climate change.

“Change is in the air. I challenge you to be part of that change – to be at the head of the race,” he encouraged.

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