Tag: maldives news

Majlis committee opens up draft Penal Code for amendments

The Parliament’s special committee reviewing the draft Penal Code Bill has announced the completion of the reviewing of the bill and has opened the bill for amendments from parliamentary floor.

In a statement (dhivehi) released by the parliament today (December 24) stated that commenting has been opened until next Thursday 4:00pm.

Furthermore, the statement added that the final report on the draft bill has now been sent to Speaker of Parliament Abdulla Shahid upon completion of the committee reviewing stage.

The long awaited bill, first submitted in 2006 and later resubmitted in 2009, took almost seven years to surpass the committee stage.

The first draft of the bill had been prepared by the University of Pennsylvania Law School under the leadership of legal expert Professor Paul H. Robinson, upon the request of the Attorney general in January 2006. The project was also supported by the UNDP.

Professor Robinson’s team have meanwhile published two volumes (Volume 1 and Volume 2) consisting of commentaries on sections of the draft bill.

“The author’s review suggests that the Maldivian criminal justice system systematically fails to do justice and regularly does injustice, that the reforms needed are wide-ranging, and that without dramatic change the system and its public reputation are likely to deteriorate further,” Professor Robinson wrote in his summary conclusion.

The bill, upon ratification, will replace the country’s 52 year old penal law.

According to local newspaper Haveeru, members of the parliament’s special committee tasked with the reviewing of the bill had urged all members to consider the connection between sections of the bill before proposing any changes.

The parliament had previously consulted with all state authorities including the Attorney General’s Office, the Prosecutor General’s Office, the Human Rights Commission of Maldives (HRCM) and the police during the committee stage of the bill.

According to local media reports, the Attorney General’s Office alone had proposed over thirty changes to the bill including a clause mandating that the new bill will come into force within six months of ratification.

Criticism

The bill had also attracted severe criticism from religious sheikhs, most notably member of religiously conservative Adhaalath Party’s Sheikh Ilyas Hussain, who insisted that the bill would “destroy Islam” should it pass.

“If it is passed, there is no doubt that there will be no religion in this Muslim society that claims to be 100 percent Muslim. There will be no Islamic punishments,” the controversial sheikh said while delivering a sermon last March. “Refusing [to incorporate] a single Hadd [fixed punishments specifically mentioned in Quran] is destroying Islam,”

The fierce remarks made by Ilyas – who heads the Adhaalath Party’s scholars’ council and sits in the Fiqh Academy – prompted in a parliamentary inquiry where the sheikh was summoned to the committee.

New changes

Professor Robinson in the final report compiled that included the two new volumes of the penal code stated that a high priority had been given to ensure that the bill reflects Maldivian values instead of European, American or any other jurisdiction.

“The drafters have relied primarily on three sources. Of first importance are current Maldivian statutes. Where there is no applicable Maldivian statute, principles of Shari’a have been relied upon, especially those of the Shafi’i school,” read the report.

“Lastly, shared community values have been given deference, as reflected in the views expressed by the many Maldivian judges, prosecutors, private defense lawyers, government officials, and ordinary Maldivians we have met during our many discussions,” it added.

The new code will consist of three parts, the first part titled as the General Part contains all of the general provisions affecting liability and punishment. The second part known as the Special Part defines all offences and the third part contains the rules governing the sentences.

Among the major changes brought in the Draft Penal Code – which consists of more that 1,200 sections – includes grouping of offences into chapters based on the subject matter, modernisation of the existing offences and grading of the offences to reflect on the seriousness of the offences.

Previously speaking to local media, Chair of the Penal Code Review Committee MP Ahmed Hamza said the new code, if passed, would revolutionise the current Maldivian criminal justice system.

Hamza furthermore expressed hope that bill would be passed before the end of the current parliamentary session.

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Dr. Saud appointed Acting Secretary General of Jumhoori Party

Dr. Mohamed Saud has been appointed on Monday as the Acting General Secretary of business tycoon and 2013 election’s second runner-up candidate Gasim Ibrahim’s Jumhoori Party (JP).

“[JP General Secretary Hassan] Shah is now in a party slot as a state minister in this government. He must give time to government duties as well. There is a lot of ongoing work at the moment due to the two approaching elections. This means there is a lot of internal administrative work of the party that needs to be attended to,” Saud said in an interview to local news website SunOnline.

He stated that he will remain in the position until the party’s council decides otherwise.

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Government seeks developer to build, manage multi-speciality hospital in Hulhumale’

The government has announced a plan to open an international standard multi-speciality hosipital in Hulhumale’, and asked for submission of proposals to develop and manage it for a minimum period of 35 years.

The Hulhumale’ multi-speciality hospital will be the first of its kind in the country, offering specialist treatment for a variety of ailments. The government intends to run it as a public private partnership project, where the developer must design and finance the project themselves.

President Abdulla Yameen Abdul Gayoom’s administration has held separate weekly press conferences on its economic, education and social policies. The government has announced a raft of ambitious plans, including the building of a bridge between Malé  and Hulhumalé and developing regional airports.

The hospital will have 337 beds, and will be of a standard which can cater to both local and foreign patients, Economic Minister Mohamed Saeed said in a press conference held today.

Minister of Gender and Health Mariyam Shakeela provided details; 309 of these beds will be reserved for in-patients, with the remaining 28 beds being used in the Intensive Care Unit. She stated that it is a key objective of the government to ensure that citizens are able to obtain quality healthcare at inexpensive rates.

She further stated that one reason a multi-speciality hospital is located in Hulhumale’ is to avoid probable over-crowding in capital Male’ City’s state-owned hospital IGMH upon introduction of new and better services. She said that this would lead to a decrease in the number of citizens seeking medical services abroad.

While the government has not yet decided on a particular site to build the hospital, Shakeela said that all efforts will be put in to attempt to find a location agreeable to both the state and the party developing the hospital.

Meanwhile, the Maldives National Defense Forces (MNDF) has said it will upgrade the military hospital Senahiya and open it up for the public.

Plans for a similar hospital in Hulhumale’ were first discussed in 2004 during former President Maumoon Abdul Gayyoom’s administration.

In 2009, then President Mohamed Nasheed’s administration also held discussions on the matter in the National Planning Council.

The previous government headed by former President Mohamed Waheed also announced for proposals twice in 2012, with just one applicant the first time, and none during the second. The government will provide them with a plot of land as state equity.

Economic Minister Saeed expressed confidence that although previous governments could not find interested companies to develop the hospital, he believed that “the current government will successfully achieve this as investor trust is rapidly increasing in recent days”.

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Inmates to work on Thilafushi road construction

Fifty inmates are to start work on a road construction project on industrial Thilafushi Island on Saturday as part of a re-integration program, the Ministry of Home Affairs has said.

Speaking at a Monday night event on President Abdulla Yameen Abdul Gayoom’s policies on youth development, Home Minister Umar Naseer said 70 percent of Maldivian prisoners fit into the youth demographic.

“There is no country in the world where detainees are not made to work. This administration’s aim is to make detainees in our jails work in various government projects. To bring them out of their current situation,” the Home Minister said.

When criminals remain in detention without work, society is deprived of major youth contribution, and forces the government to employ foreign laborers, Naseer said. Further, the state spends a high amount on prisoner care, while families of prisoners are driven to financially difficult situations, he said.

While the labour program is voluntary, detainees will be selected based on their disciplinary records while in prison and suitability for the work. They will be paid a stipend; half of which will be taken for development of the detention centers, and detainees will be given the choice to either save the remaining earnings or to send it to their families.

Naseer predicted that by the end of 2014, 400 out of 730 detainees will be working on some project, thereby preparing them for reintegration into society.

In order to prepare detainees for such work, vocational training programs will be introduced in Maafushi Island prison in the near future, he also said. The program will desensitize them to work environments, and hone a number of skills.

“Through these trainings we will be able to create electricians, air conditioning unit repairmen, and many other skilled workers. Our hope is that someday, society will benefit from services by those currently in our prisons,” he said.

DPRS to oversee detainee workers

According to the Home Ministry, the Department of Penitentiary and Rehabilitation Services (DPRS) are to oversee the program.

State Minister for Home Affairs Hussain Manik Dhon Manik said DPRS guards will keep watch over inmates and emphasized that special focus would be given to ensure that detainees do not have any opportunity to smuggle in illegal drugs or other contraband into the prisons.

“We will not be negligent in any aspect of guarding detainees. We will not allow any illegal acts to be carried out even in their work environments,” he asserted.

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Finance Ministry shuts down 2013 budget

The Ministry of Finance and Treasury has shut down all state expenditure except for salaries.

A circular sent to all government offices yesterday said the annual budget for 2013 has been “shut down” starting today.

“However, once all the expenses for staff salaries are arranged for, and if the budget allows for it, we will settle absolutely necessary expenses through the 2013 budget,” Minister of Finance and Treasury Abdulla Jihad said.

The parliament had passed a MVR 15.3 billion (US$ 992 million) state budget for 2013. According to the MMA, despite a higher than expected increase in income from taxation, the deficit for 2013 is expected to rise to MVR 1.7 billion (US$ 107 million) or 5 percent of GDP.

The government has faced serious cash flows during this year after the parliament failed to approve new revenue raising measures which comprise about 15 percent of projected income or MVR1.8 billion (US$116.7 million).

The revenue raising measures proposed in the 2013 budget included hiking Tourism Goods and Services Tax (T-GST) to 15 percent from July 2013 onward, raising airport service charge to US$30, leasing 14 islands for resort development, raising tariffs on oil, introducing GST for telecom services, and “selectively” reversing import duty reductions.

In April, parliament rejected government-sponsored legislation to raise the departure tax on outgoing passengers, prompting the government to seek parliamentary approval to divert MVR 650 million (US$42 million) allocated for infrastructure projects in the budget to cover recurrent expenditure.

The move followed a cabinet decision to delay implementation of new development projects financed out of the budget due to shortfalls in revenue.

According to the World Bank, the Finance Ministry turned to monetization, build up of arrears and short term T-bill sales to finance the budget deficit. These methods pose “macro risks,” the World Bank said.

On December 16, the Majlis passed a US$ 29 million loan from the Bank of Ceylon for budget support. The loan carries an interest rate of 8 percent and has a grace period of one year. The monthly repayment amount is $490,000.

Opposition MPs have criticized the government’s borrowing from commercial banks at high interest rates, but Jihad has said the Maldives has no choice.

At present, public debt stands at an “unsustainable” 81 percent of GDP, the World Bank has said, projecting debt to rise further to about 96 percent by 2015.

Meanwhile, the People’s Majlis has extended the deadline for MPs to submit amendments to the proposed budget for 2014 until 4 pm today.

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Parliamentarians must bolster elections commissions: India’s Speaker

Speaker of India’s Lok Sabha Meira Kumar has called on SAARC parliaments to support the work of their election commissions, stating that it is the vote that enables the poorest and weakest to decide the destiny of their nations.

“It is crucial that the voters are able to elect their representatives freely, without any fear or favour. Hence the institution of Election Commission must be bolstered,” she said.

Speaking at the 7th conference of the Association of SAARC Speakers and Parliamentarians (ASSP) held at Bandos Island Resort yesterday, Kumar said she took pride in the Indian Election Commission’s sterling reputation.

Discussing the theme ‘Strengthening democracy through institution building’, Kumar shared India’s democratic experience, highlighting especially the role of an impartial judiciary.

Parliamentarians must strive to guarantee access to judicial remedies for each and everyone, she said.

Anti-corruption legislation and right to information bills are crucial in ensuring transparency and certainty of executive action, she continued.

“In India, the Right to Information Act has augmented the accountability of public authorities by putting their functioning into the public domain. The issue of corruption in governance is being widely discussed across the entire SAARC region and we have to find ways to eradicate it,” she said.

“The Lok Pal and Lokayuktas Bill 2013 which has recently been passed by the Indian Parliament is a step forward in our fight to eliminate corrupt practices.”

She also identified inclusive political parties, local governments and media as key institutions that require parliamentary support.

Political parties need to sponsor more women in public life, she said, noting that although South Asian women constitute 23 percent of the world’s population they are not adequately represented in the political arena. Mechanisms such as reservations for women must be set in place to ensure their equal participation, she said.

Decentralisation is the key to strengthening democracy as it “stimulates public participation,” she stressed. The devolution of power in India through the 73rd and 74th constitutional amendments brought three million elected representatives, including about 1.2 million women to the center stage.

Further, parliaments represent the sovereign will of the people, and as such they must not only legislate, but also mold opinions to trigger social transformations, she said.

“We must understand that Parliaments can frame any number of progressive legislations but unless the people believe in the necessity of these laws, they will remain confined to the rule books,” she said.

Describing democracy as a journey, Kumar said India is still evolving and devising new ways to meet emerging challenges. Parliamentarians can take the lead in reinforcing democracy through institutional development, she reiterated.

The three day conference on SAARC parliament’s roles in institutional building and inclusive development ended today.

The ASSP was established in 1992, with the aim of exchanging ideas and information on parliamentary procedures and information among parliaments, and to strengthen South Asia as a stable and independent region.

Maldives Speaker Abdulla Shahid said the organization had decided to amend its charter to include a women’s committee of parliamentarians as a charter body as well as form a forum for young parliamentarians (age 18- 40).

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High Court overturns Magistrate Court ruling against Fulidhoo Council President

The High Court has overturned the island of Fulidhoo’s Magistrate Court ruling sentencing the island’s Council President Bushry Moosa to two months house arrest.

Bushry was sentenced to house arrest for his failure to be answerable to questions put forth by the Magistrate regarding a case against Fulidhoo Island Council.

After Bushry appealed the sentence at the High Court, the superior court overturned the Magistrate Court’s ruling on Sunday, stating that the case in question is not against Bushry as an individual, but against the council as an entity.

The High Court stated that although Bushry is the Council President, he cannot be answerable to the magistrate’s questions unless so mandated by law and regulation. It also noted that the sentence had been given after a letter had been submitted to the magistrate court informing that the council will notify them of a representative who will be answerable in the said case.

The superior court’s verdict further said that Bushry’s refusal to respond to the court’s queries cannot be considered contempt of court, or failure to abide by the judge’s orders.

It also said that if Bushry has been denied any remuneration or benefits due to the ongoing case, he has the right to submit it to the relevant court as a separate matter.

The superior court’s verdict was passed unanimously by the panel of three judges presiding on the case.

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Environment Ministry begins e-waste survey

The Ministry of Environment has on Saturday started conducting a survey – titled e-waste survey – to study waste material that does not decompose even over long periods of time, and to raise public awareness on the matter.

The survey, which is being conducted in capital city Male’, is carried out with the assistance of Center for Higher Secondary Education, Maldives National University, Maldivian Red Crescent, and individuals.

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Maldives Coastguard joins training with India and Sri Lanka counterparts

Maldives Coastguard, together with their counterparts in India and Sri Lanka, have held a training program in Sri Lanka.

Sri Lankan Defence Ministry is quoted in local media as having stated that the program – titled Trilateral Tabletop Exercise – included training on how to tackle security threats like piracy, environmental threats like oil spills and to conduct search and rescue missions.

According to them, the training programme began on Wednesday.

The training was organized after discussions held between the National Security Advisors of all three countries held in July, where it was agreed to hold similar programs biannually.

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