Tag: maldives news

Bar Association expresses concern with AG office ceasing issuance of law licences

The Bar Association of Maldives has expressed concern with the Attorney General’s (AG) office indefinitely suspending issuance of licenses to practice law in December last year.

In a press statement today, the Bar Association noted that a number of newly graduated lawyers have since been awaiting licenses from the AG office.

The new graduates were “facing financial and professional losses” as a result of the delay, the Bar Association stated.

The AG office announced on December 17 that it was ceasing the issuance of licenses pending amendments to regulations governing the legal profession.

The office would resume issuing licenses once the amended regulations take effect, the announcement stated.

An official from the AG office told Minivan News today that the amendment or review process was still ongoing, adding that it was difficult to estimate a time for completion.

The Bar Association stated in its press release that it accepted that the regulations were “in need of reform”.

“And this association believes that the solution to this would be the submission of the legal profession bill to the People’s Majlis and its passage into law as soon as possible,” the statement read.

Pending the enactment of a law governing the legal profession, the Bar Association recommended that the AG office resume issuing licenses after amending the regulations in accordance with the draft legislation on the legal profession.

The draft legislation was formulated by the association and shared with the AG office.

Legal lacuna

A bill on the legal profession is included in the government’s legislative agenda (Dhivehi), to be submitted during the second session of the People’s Majlis for 2014.

In the absence of a law governing the legal profession when the new constitution was adopted in August 2008, parliament passed a General Regulations Act as parent legislation for over 80 regulations without a statutory basis, including the regulation governing lawyers.

Article 271 of the constitution states, “Regulations derive their authority from laws passed by the People’s Majlis pursuant to which they are enacted and are enforceable pursuant to such lawful authority. Any regulations requiring compliance by citizens must only be enacted pursuant to authority granted by a law enacted by the People’s Majlis.”

The parent act prolonged the lifespan of the regulations – which did not derive authority from an act of parliament – until new legislation could be passed. Parliament has since been extending the regulations for one year periods.

The last extension was approved in April 2013 with the next extension due in the coming weeks.

Meanwhile, in a comprehensive report on the Maldivian justice system released in May 2013, UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, expressed concern “about the absence of an independent self-regulating bar association or council that oversees the process of admitting candidates to the legal profession, provides for a uniform code of ethics and conduct, and enforces disciplinary measures, including disbarment.”

The AG office being the authority who regulated the legal profession was “contrary to the basic principles on the role of lawyers,” she wrote.

Powers to issue licenses to practice laws as well as enforce disciplinary measures should not rest with the executive, Knaul advised.

She recommended that parliament “should pass comprehensive supporting legislation for the legal profession,” which should be drafted following “comprehensive and substantive consultations with lawyers and should be in line with international principles.”

“The Special Rapporteur believes that the current draft bill on the legal profession needs a lot of revision as it centres on the creation of a Bar Council and neglects other necessary aspects, such as examination procedures to get a licence to practice and continuing education and training,” read the recommendations.

Moreover, Knaul recommended that a “self-regulating independent bar association or council should be urgently established to oversee the process of admitting candidates to the legal profession, provide for a uniform code of ethics and conduct, and enforce disciplinary measures, including disbarment.”

“The Bar Association should, as a matter of priority and in accordance with international standards and norms, develop a code of ethics applicable to all lawyers, which it should vigorously and coherently implement and enforce.”

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Week in review: March 22 – 29

The week began with 302 candidates and 189,000 voters taking part in the Maldives’ second multiparty Majlis elections.

After polling proceeded without notable incident, preliminary results quickly showed that the governing Progressive Coalition had secured a clear victory – later confirmed as a 53 seat majority in the 85 seat legislature.

President Abdulla Yameen – whose Progressive Party of Maldives (PPM) took 33 seats – interpreted the result as a ‘yes’ to peace and stability and a chance to pick up where his half-brother Maumoon Abdul Gayoom’s ‘golden 30 years’ had left off.

Meanwhile, Foreign Minister Dunya Maumoon – daughter of former President Gayoom – saw the result as a rejection of “foreign interference” and a show of support for her father and uncle’s leadership.

Coalition ally the Maldives Development Alliance noted that the result – in which it took five seats – as a sign of public confidence in the relatively young party. Despite being upbeat about his party’s 15-seat haul, Jumhooree Party leader Gasim Ibrahim accused his coalition allies of fielding independent candidates in violation of pre-election agreements.

While Yameen acknowledged that vote splitting may have detracted from the size of the coalition win, the immediate effects appeared to have benefited his party, with two of the five successful ‘independent’ candidates switching to the PPM before the official results had been announced.

A further source of discord within the coalition loomed large after Gasim threw his hat into the ring for the Majlis speaker’s position this week. Though Gasim told local media he had the coalition’s full backing, the PPM subsequently announced its intention to field its own candidate.

The impact of the defeat on the Maldivian Democratic Party (MDP) – who won just 26 of the 85 seats for which it fielded candidates – looks likely to be a period of restructuring, with former President Mohamed Nasheed calling for new leaders to step forward.

All observers of the elections – partisans and neutrals alike – expressed concern at the ‘money politics’ involved, with both the MDP and Adhaalath parties blaming such practices for their own poor performances.

Despite the foreign minister’s prior comments, both the EU and the Commonwealth observer missions focused on the negative impact the Supreme Court’s dismissal of Elections Commissioners had upon the electoral environment.

Government business

Amendments to the Decentralisation Act, which would resurrect previous previously thwarted plans for streamlined local governance, were this week introduced on behalf of the government.

The resuscitation of the Nasheed administration’s attempts to transform the country’s energy sector also continued with the outlining of the Accelerating Sustainable Private Investments in Renewable Energy (ASPIRE) programme.

The government’s transformation of the island of Meedhoo appeared not have gone to plan, however, after a recently initiated reclamation project was halted due to its potential environmental and health impacts.

The Immigration Department revealed the success of a recent repatriation programme for illegal migrant workers, while employees on the Vilu Reef resort were also given their marching orders after having taken part in strikes.

In the courts, the decision to uphold a prior ruling saw the return of a five-month-old child to it’s German mother, while the Criminal Court heard the final disturbing details in the 2010 murder of Mariyam Sheereen.

The Tiny Hearts of Maldives NGO this week held their annual camp in Malé’s IGMH, providing expert care for children with congenital heart defects. Meanwhile, in Addu, investigations have begun in the events that led to a death during childbirth at Hithadhoo Regional Hospital.

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Fishermen invited to register for MVR10,000 allowance on April 1

Application forms will be available on April 1 for fishermen to register in the government’s scheme to provide MVR10,000 (US$648) during lean months, President Abdulla Yameen said last night.

Addressing supporters in Gaaf Dhaalu Thinadhoo at a rally held to celebrate the Progressive Coalition’s victory in the parliamentary polls, President Yameen said the allowance will be released to fishermen before the end of May “when all the calculations and documentation are done.”

Marinas for fishermen would meanwhile be complete by the end of the year, Yameen said.

A MVR10,000 allowance to fishermen “regardless of catch” during lean months was a campaign pledge of candidate Yameen and the now-ruling Progressive Party of Maldives (PPM).

In an interview with Minivan News in January, Fisheries Minister Dr Mohamed Shainy explained that the allowance will be provided through an insurance scheme.

“If you look at the skipjack fishing statistics for last year, you will see three or four months which are very difficult for the fishermen. The real goal of this is sustainability,” he said.

“So the aim of the government is to ensure that even during these difficult months fishermen stay in the industry. For that reason, during those few months we want to give a payment so that they can do their basic necessities, so they can fulfil their daily obligations towards their family. The MVR10,000 scheme is a top-up system.”

He stressed that the MVR10,000 was not a subsidy as the productivity of the fisheries industry has been increasing since the downturn in 2004.

“So now we need to make the industry stand alone and be more vibrant and shock-proof to absorb these shocks. We need to devise a way to get people’s minds set on the idea that they can work in the industry. The real reason is the sustainability of the fishermen in the industry to keep them in the field during this low season,” he said.

Cheaper diesel

According to the President’s Office, President Yameen also said that discussions were ongoing between the State Trading Organisation (STO) and the Indian government to arrange the supply of petroleum products.

When the talks are concluded, Yameen said the price of oil would fall during the next two months.

Duing Indian Foreign Minister Salman Khurshid’s visit to the Maldives last month, an agreement was reached to supply diesel, petrol, and aviation fuels “on favourable terms” from the Mangalore Refinery & Petrochemicals Ltd, a subsidiary of India’s state-owned Oil and Natural Gas Corporation.

Following President Yameen’s state visit to India in January – his first official overseas trip since assuming office in November – senior government figures described Indo-Maldives ties as being “as strong as they were during [former President Maumoon Abdul] Gayoom’s time in power”.

Meanwhile, in his speech last night, President Yameen reportedly said that the government has undertaken efforts to attract foreign investors to the country, which would create jobs for unemployed youth.

Among the projects in the pipeline for Thinadhoo that President Yameen announced last night included road construction, land reclamation, construction of a sports arena, and broadening tourism.

With the prevailing political stability and the mandate given to the current administration by the public in the presidential and parliamentary polls, Yameen said he believed that the government could commence mega-projects and transform the Maldives to “this region’s Singapore.”

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EC announces official results of Majlis polls

The Elections Commission (EC) announced the official results last night of the parliamentary elections that took place on Saturday, March 22.

A number of ballot boxes were reopened to address complaints from candidates before the official results were announced. However, the recounts did not affect the outcome in any of the 85 constituencies.

The official results did not differ from the preliminary results announced last week.

As 189,482 out of 240,652 eligible voters cast their ballots on Saturday, voter turnout for the parliamentary polls was 78.80 percent.

The number of male voters was 95,744 while the number of female voters was 93,898.

Speaking at a press conference held last night to announce the official results, EC member Ali Mohamed Manik noted that 52 out of 75 complaints lodged at the national complaints bureau had been addressed.

None of the remaining complaints could affect the outcome, he said.

Under electoral laws, candidates could file cases at the High Court within 14 days if they are unhappy with decisions by the complaints bureau.

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Comment: The green-eyed judiciary and the green constitution

“If civilizations is to survive, one is driven to radical views. I do not mean driven to violence. Violence always compromises or ruins the cause it means to serve: it produces as much wrong as it tries to remedy. The state, for example, is always with us. Overthrow it and it will comeback in another form, quite possible worse. It is a necessary evil– a monster that continually has to be tamed, so that it serves us rather than devours us. We can’t do without it, neither can we trust it” (Quoted from Fiji times 17th January 2007, in Firth, Fraenkel and Lal, 2009).

Formation of judiciary

The Maldives judiciary has a long history of being under the control of the powerful and rich. In the olden days kings decided verdicts while later it came under the influence of dictatorial regime. Democracy however brought a new frontier of judiciary with a presupposition of being independent, transparent and impartial. This, however, is far from reality today and it seems judiciary is the biggest impediment for a true democracy in the small nation.

The judiciary has its evil in the way it was formed in 2008 to ratify the Article 285 of the green constitution. The Judicial Service Commission at that time also was hijacked by the bench of interim Supreme Court. Furthermore they undermined the constitution by self reorganising to re-establish as the permanent bench. Some from the bar and the Maldivian Democratic Party (MDP) immediately recognised the evil deeds of the then chief justice and immediately went on strike and locked the Supreme Court.

Even then, the current government – in opposition at the time – were sympathising with the bench and was in favour of its actions. The ramifications of this led to the formation of a bench in a haste in an extraordinary session of the Majlis. The bench formed was mainly of judges with strong sharia background with not much academic exposure to common laws practiced used in most civilised democratic countries. In addition, judge’s appointments had questionable integrity related issues. This was confirmed and well proven by the then JSC member Aishath Velazinee, and was circulated in the media.

The Litmus test

Major litmus test of judiciary came with the overthrowing of the democratically elected government in 2012. The bench in particular was faced with a major test of integrity and of serving justice. However the complacency shown by whole bench in the events before, during and after the toppling of the government was dubious.  Many suspicious people were convinced of their romance with the old dictatorial regime elements. The grassroots ran havoc on streets with no sense or awareness of rule of law.

Grassroots were blamed for attacks on law enforcement infrastructure, while their agony and pain was overlooked. Grassroots were blamed for not controlling their temper while temperament of elements of uniformed bodies that attacked civilians was justified. Also the grassroots with no sense of rule of law were led to a dilemma by not being provided guidance and legality in the toppling of the government. Instead the chief justice’s immediate action was to swear in the incumbent vice president who was alleged to be a major player of the “coup”.

This response immediately legitimised the actions of uniformed bodies before, during, and after the coup event. It also gave coup perpetrators and sympathisers powers leading to further repercussions. Till this day, the elements of uniformed bodies guilty of several crimes committed on day of coup and the following day remain immune to justice. For the grassroots and the watchful minds a clear fraternity between the judiciary and coup perpetrators was obvious.

Winners and losers

In essence the ‘coup’ of 2012 became a winner for the judiciary which was faced with heavy criticism, during the autumn of the democracy. Some even believe the fall of democracy has been a making of the judiciary. Soon after the coup the judiciary started enjoying a honeymoon, with overwhelming immunity and impunity. Their romance with dictatorial elements alleged to have perpetrated the coup, lead to erosion of rule of law and justice.

Justice in the country became a joke even to the layman. Any coup collaborators or sympathisers were proven innocent before going into courts – albeit of their corruption allegations. Anyone who was against the coup became guilty before appearing in court.  Day by day the grassroots became aware of the romancing of the judiciary with a particular political group. The public lost their trust in the whole judiciary. This was compounded by the dictatorial nature of judicial watch dog which from day one acted as the white cloak hiding the bench of its dirt.

In 2013, the election became a war of ‘coup’ perpetrators and their allies and the rest of the public. In a first round the public showed a relentless and overwhelming majority for the MDP. Fear began looming within the bench and their allies, enjoying the sweet honeymoon. The MDP became more vocal on reforming judiciary and garnered more support.  The looming fear within the judiciary and bench became obvious when they intervened to an internationally acclaimed transparent electoral process using baseless allegations.

Their allies in law enforcement and government by then cooked up a blatant litany of a report regarding elections. This became the catalyst for the bench to annul the elections, jeopardising one of the best electoral processes in the history of the nation. The grassroots later found the fallacies of this report which was heavily criticised by the Elections Commission. The election was won by the judiciary and the bench, as it turned in their favour.

The MDP garnered further support and strength from grass roots and kept their spirits alive by being consistent with their pledge to reform judiciary. Fear lurking within the bench again awakened.  Fear of the MDP winning the Maldives Majlis and the bench getting dissolved was not far from reality. The bench’s fears led to the utilisation of new tactics which involved becoming the jury, the judge, and the plaintiff in a case which even the layman and grassroots understood as injustice.

Finally the verdict to dismiss the president of the Elections Commission was given by the bench. The verdict was a clear abrogation of the green constitution. The bench once again laid down a path to remain.

The enigma

The constitution turning the judiciary evil and opening the Pandora’s Box is a misconception. The irony lies in the establishment of the bench, in abrogation of the green constitution. The root cause of evil is undermining the constitution by Majlis during the formation of the bench as reiterated by Velazinee. Additionally the international community turns a blind eye to the whole saga of appalling events.

The reactions and actions of the bench and JSC have further convinced the grassroots of their deception. One’s actions become a blessing for others in disguise. The response of the bench may garner further support for the MDP. Their slogan to reform judiciary may perhaps make them the winners, sooner or later. However, the players who made the judiciary green eyed and then white-washed it, are yet to be discovered.

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The government to take all major lands from Malé City Council

Following a cabinet decision on Tuesday, the Ministry of Housing and Infrastructure has decided to take all major lands in Malé City from the city council.

Minister of Housing and Infrastructure Dr Mohamed Muiz today told Haveeru that the lands that will be taken from the council including the artificial beach, carnival area, south harbour area, lands near the T-Jetty, Usfasgandu, and Dharubaaruge.

Muiz told that the decision was made to develop these lands under a master plan formulated by the ministry, and that it was not because of any problems existing between the council and the ministry.

“We are taking almost all big lands [in Malé]. We will very soon inform the council in writing that those have been taken [from the council]. We will work with the council. I don’t think this will create any problems,” Muiz said.

The government has the authority to take such lands to utilise them for social and economic purposes. He said that all arrangements of transfer, including the issue of any existing contracts with a private party, will be dealt according to the laws and regulations.

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Coalition to field separate candidates for Majlis speaker position

President Abdulla Yameen yesterday announced that his Progressive Party of Maldives (PPM) will forward its own candidate for the position of speaker of the People’s Majlis.

The move follows Jumhooree Party (JP) leader Gasim Ibrahim’s claim earlier this week that he had the full backing of his coalition partners to stand for nomination to the chair.

Parliament should be an institution that “sincerely and responsibly” fulfils the duty bestowed by the public, Yameen told supporters yesterday.

“For this reason, our party wants the speaker’s post in the next People’s Majlis,” he said during a rally held last night to celebrate the Progressive Coalition’s garnering of a 53 seat majority in Saturday’s Majlis elections.

Notably absent from the event were leaders of the JP – the winner of 15 of the coalition’s seats – with party Secretary General Dr Mohamed Saud telling CNM that the party had not attended as it had not been made aware of the agenda.

Complaints from within the JP immediately after polling, regarding PPM-affiliated candidates having stood as independents in constituencies reserved for the JP, appeared to have been justified today as local media reported that two of the five successful independent candidates had signed for the ruling party.

Following his loss to an independent candidate last weekend, JP MP for Lhaviyani Naifaru, Ahmed Mohamed, accused the PPM of attempting to “destroy” its coalition partner.

Differences of opinion among coalition partners should be settled through dialogue, President Yameen said during yesterday’s rally, suggesting that the coalition had lost 15 seats as a result of members of coalition parties contesting as independents.

“This wasn’t the fault of the people. It was a mistake made by our parties,” he said, noting that coalition leaders had “repeatedly urged” party members to vote for the coalition’s official candidate.

Senior members of the JP, including Secretary General Dr Saud and Deputy Leader Ameen Ibrahim, told Minivan News today that they were unwilling to comment on political issues on behalf of the party.

The addition of two members would bring the PPM’s parliamentary group for the 18th Majlis – scheduled to hold its first session in late May/early June – to 35 of the chamber’s 85 seats.

The third coalition partner – the Maldives Development Alliance (MDA), which is more closely allied with the PPM – took five seats on Saturday.

Local media yesterday, however, reported Ahmed Mahloof as saying that both he and fellow re-elected PPM MP Ahmed Nihan had pledged to support Gasim’s candidacy for speaker while negotiating during the 2013 presidential election.

Mahloof suggested that the nomination of a PPM candidate would be likely to cause a rift within the Progressive Coalition, and would be a decision he would find difficult to support.

Neither Mahloof nor Nihan were responding to calls at the time of press. PPM leaders have told local media that no official coalition discussion on nominations to the speaker’s chair have been held.

Adding further uncertainty to Gasim’s attempts to become speaker, reports published in the Gasim-owned Vnews media outlet today that the Maldivian Democratic Party (MDP) – winner of 26 seats – had decided to support Gasim’s nomination to the chair have been denied.

“He’s capable, but there are many others in the parliament who are capable, we have not yet decided,” MDP Parliamentary Group Leader Ibrahim ‘Ibu’ Solih told Minivan News.

The election of the new speaker – a position currently held by the MDP’s Abdulla Shahid – is scheduled to take place through a secret ballot of MPs at the first sitting of the new session.

Majlis regulations note that the speaker “shall be the highest authority of the People’s Majlis responsible for the conduction of all matters pertaining to the People’s Majlis including the administration, the sittings and the committees of the People’s Majlis in accordance with the Constitution and the Regulations.”

The speaker is also charges with preserving “order and decorum” within the Majlis, as well as observance of the institution’s regulations.

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Majlis elections: Voters said yes to peace and stability, says President Yameen

Voters said yes to peace and stability in Saturday’s parliamentary elections and rejected an ideology that was ruining the country, President Abdulla Yameen said at a rally held in Malé last night to celebrate the Progressive Coalition’s victory at the polls.

Voters said no to the opposition Maldivian Democratic Party’s (MDP) ideology because the country did not have the “energy to bear the wounds any further,” he said.

Voters also rejected foreign interference in Maldivian domestic affairs, Yameen added.

The Maldivian people supported the government’s efforts to develop the nation and fulfil campaign pledges, he continued, and endorsed plans to “take Maldivian youth out of the crime environment, offer a second chance to persons serving sentences, and bring them back to society for rehabilitation.”

The Progressive Coalition will hold celebration rallies across the country in the coming days, Yameen said, including one in Thinadhoo tomorrow night.

In surprising victories, coalition candidates took both parliamentary seats in the MDP’s traditional stronghold in the south.

The rallies will be attended by PPM leader and former president, Maumoon Abdul Gayoom, along with coalition leaders Ahmed Siyam Mohamed and Gasim Ibrahim, Yameen said.

“Good news” will be revealed at the Thinadhoo rally, he said, adding that the PPM’s “list of pledges” was not yet complete.

Continue progress brought by “golden 30 years”

The policies in the PPM manifesto were formulated to transform the “landscape of the Maldives,” he reiterated, stressing that the policies were not limited to raising old age benefits, empowering women, or prioritising Quran and Islamic education.

The PPM-led coalition government’s policies would benefit fishermen, young entrepreneurs, and “people of all ages”, he said.

The main priority of his administration was “putting the economy back on track,” President Yameen said, adding that the public was already seeing signs of the economy rebounding.

Foreign investors were interested in coming to the Maldives because of the current political stability, he said.

“We want to change the Maldives to a modern nation from where President Maumoon’s golden 30 years brought us,” he said.

Acknowledging public discontent over the quality of healthcare, Yameen said fixing problems in the sector was a high priority, noting that there were two or three doctors per 10,000 people in most developed countries.

“With God’s blessing, the Maldives even today is in a position where we have to rejoice. Today there are 1.6 doctors per 1,000 people in the Maldives,” he said.

The foundation for the progress the Maldives has made was laid by President Gayoom, he said.

Separation of powers

Yameen also expressed gratitude to the leadership of the MDP for the prevailing stable political environment.

The opposition party has meanwhile released a press statement expressing “deep concerns” with the electoral environment ahead of polling day on March 22.

“The MDP believes the processes of elections from a quantitative point of view were efficient and well managed. However, continued judicial interference in the electoral process affected the independence of the elections commission, and created an atmosphere not conducive towards holding a free and fair election,” the statement read.

The Supreme Court’s removal of the Elections Commission (EC) chair and deputy chair in proceedings where the apex court was “judge, plaintiff and the jury” was an attempt to “intimidate state actors and voters,” the party contended.

The dismissals of the EC members two weeks before the elections “affected people’s confidence in the election and resulted in lower voter turnout,” the statement read.

The party called on the international community to maintain “robust engagement” with the government to “ensure Maldives does not backtrack on hard-won freedoms and reforms” since the adoption of a democratic constitution in August 2008.

Concerns over the Supreme Court’s negative impact on the electoral environment have also been expressed by EU and Commonwealth observer teams this week.

“The 7 Feb 2012 coup d’état, legitimised by the CoNI report, ushered in a period of authoritarian rule which continues to this day,” former President Mohamed Nasheed was quoted as saying in the MDP statement.

“We have a situation in which the Supreme Court now feels empowered to sentence the Elections Commission on politically motivated charges only a week before polling day,” he said.

“The Maldives no longer has an effective separation of powers and forces close to the former dictatorship now control all three branches of the state.”

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