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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BML to sell mortgaged property of former Defence Minister

Bank of Maldives (BML) has announced that it will be auctioning off the mortgaged land Araaroot Villa in Maafannu ward – a property owned by former Defence Minister Tholhath Ibrahim Kaleyfaan, and his brothers Ahmed Hashim, Mohamed Habeeb and Abdulla Shah Ibrahim Kaleyfaan.

The Bank stated that the property has been put up for sale due to the failure of Tholhath and his brother to pay back a loan of 6.6 million rufiya (USD 427740) taken from the bank.

The Civil Court ruled in September that BML can sell the mortgaged property if the loan is not paid back in a period of three months.

According to BML, proposals to purchase the property must be submitted before 1330hrs on January 5, 2014. The highest bidder, on condition that the price stays constant for 5 consecutive days of bidding, will then be given a period of 10 days to complete the payment.

Should the highest bidder fail to pay in the given period, BML has the authority to either rebid the property or sell it to the second highest bidder.

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“Poor financial record keeping” poses challenges to audit state enterprises: AG

The Auditor General Niyaz Ibrahim has expressed concern over poor record keeping at State Owned Enterprises (SOEs), and said the public is entitled to know how much the state makes from an enterprise it owns or if the enterprise is making a profit or loss.

Speaking to Minivan News today, Niyaz said the independent audit office faces severe challenges in auditing SOEs, especially those in which the state is a minority share holder.

In some cases, even when a company is liquidated, there are no financial statements or audits, he said.

“As you know, there are over 80 companies in which the government owns shares, including minority share holding enterprises. While we don’t have adequate legal authority to appoint external auditors to the companies in which the state is a minority share-holder, the Audit Act allows us to do so with majority State-owned enterprises,” Niyaz explained.

It was the norm of the board of directors to appoint an external auditor, inhibiting the auditor’s work as they are bound to follow instructions from and report to the company’s board. However. starting in 2011 the Auditor General’s Office (AGO) has begun appointing external auditors to SOEs, thereby giving auditors more protection and independence.

The AGO will have auditors at all SOE’s except for Island Aviation for the 2013 accounts, Niyaz said.

Annual audits

The Company Act mandates audits be conducted annually, however there is no way to see how many SOEs are faring as they do not even produce financial statements, Niyaz said.

“Many of the companies which have been formed recently are in this very poor state of financial record keeping,” he continued. Even while some of these companies are now to be liquidated, there is no record of financial statements, nor has there been any audits. This is state resources we are speaking of. The people have a right to know what is being done with this money. Usually, public listed companies get more attention as they sell shares to people. How we see it, though, is that every citizen has ownership of state enterprises, and thereby public interest is much higher in such companies,” he said.

SOE’s must be far more transparent and accountable than listed companies, Niyaz stressed

The AGO has now commenced work on preparing a report documenting the status of all SOEs, he added.

“The public is entitled to get the basic information as to how much the state makes from an enterprise it owns, whether the enterprise is making profit or loss, whether it is accountable and transparent.”

Unexplained share-holding

Niyaz said there were many unexplained cases where the state owned minority shares, especially in the tourism industry.

“There is room to suspect that the legal provision within tourism laws of special provisions in the assignment of islands for tourism sector if the state owns some shares of the company or island is being abused,” Niyaz alleged.

Challenges in auditing state enterprises

Niyaz said that the Auditor General’s office has a practice of submitting a detailed work plan of all programs planned for the upcoming year with their budget proposal, and that the special audit of state-owned enterprises has not been included in the submitted proposal.

He said that his office will need to find means to fund the process in other ways, as plans for this were made after the budget proposal had already been submitted in late October.

Niyaz further noted the lack of cooperation extended to external auditors from the management and board of some state owned companies.

“Jobs for politicians”

The management of SOEs need to be strengthened, especially that of the board of directors, Niyaz said. SOEs must not be formed to create jobs for politicians, Niyaz said.

“As evident, if the top management of a company, enterprise or even an institution keeps being changed every now and then, it proves to be a strategical loss to that entity. Each of these management will have plans for its development, but if this keeps changing frequently, there will be no stability there. Therefore, there really needs to be a change in how the state runs the enterprises it holds shares in or owns,” he continued.

The state must end the appointment of individuals to management level jobs at SOEs on the basis of their political affiliation, Niyaz said.

“Even the board must consist of financially literate people who understand what it means to run a business, if the company’s governance is to be improved. I will give you an example of the level some current board members have, and this doesn’t change no matter which government is in place. A team from my office met with a company’s board members recently, after multiple attempts to meet them previously. For purposes of auditing, they asked the board for the financial statement. Members of the board then said at my staff members, ‘who do you think you are to come here and question us? We don’t have to give you any financial statements’ and then threatened to throw them out of a window. This is the calibre of some appointees to the boards of state enterprises. It is way beyond their authority to speak in that manner to a team of auditors who are their to fulfill legally stipulated duties,” Niyaz said.

Parliament initiative to run audits

Parliament’s Public Accounts Committee Chair Abdulla Jabir told Minivan News today that the committee has rescheduled the initial debate on the matter from Sunday to Tuesday, for which both the Auditor General and Attorney General Mohamed Anil will be summoned.

According to Jabir, the objectives of conducting a special audit are to have all state companies operating under a single holding company and to find a way to liquidate companies that fail to make profit.

Attorney General Mohamed Anil was not responding to calls at the time of press.

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A short constitutional history of the Maldives

December 22, 2013 marks the 81st anniversary of the proclamation of the Maldives’ first parliament. The following article was prepared by the People’s Majlis secretariat.

The first written Constitution of the Maldives was codified in the early twentieth century, on December 22, 1932 during the thirtieth year of the reign of Sultan Mohamed Shamsudeen Iskandar III.

A thirteen member committee began work on drafting the constitution on March 22, 1931. The acting Governor of Ceylon Bernard H. Bourdill provided technical expertise in its composition. A first draft was completed on June 16, 1931.

With the ratification of the first Constitution of the Maldives on December 22, the first semblance of representative government came into effect. A set of credentials for the King was established – these states the King must be sane man, be of the Sunni Muslim faith and be from the ruling family. A cabinet of ministers and a parliament comprising forty seven members was also established.

The first constitution had 92 articles and a bill of rights guaranteeing equality before the law, freedom from arbitrary arrest and torture, protection of private property, freedom of expression, association and press, and a pension after 25 years of service to the state.

Though a milestone, historical records note that the Maldives’ first Constitution failed within nine months of ratification.

The newly established People’s Majlis passed 40 laws during its short tenure. The new legislation established fines, penalized theft and as- sault, created a state trading company and regulated foreign trade through a Foreign Investments Act and Freighters Act. The new laws angered the public and influential foreign traders in the Maldives. Foreign traders who had a monopoly on imported food started a series of strikes on 26 July 1933, demanding that the new government’s policies be repealed.

The result of the ensuing food insecurity was a public revolt. The founders of the constitution were banished to Colombo and the constitution was amended to 84 articles in June 1934. The Maldives’ first constitution was reduced to 80 articles in 1937 and finally suspended shortly after World War II broke in 1940. A special Majlis at the time stated, “The Constitution and General Provisions have been annulled as they do not fit the Maldives’ situation.”

On 23 April 1942, Sultan Hassan Nooradeen sent a 17 article constitution to the Majlis saying he wanted “a suitable constitution to exist in the Maldives.”

The “small constitution” handed the powers of the state to the monarchy, the foreign minister, and the People’s Majlis. The People’s Majlis was reduced to 6 appointed members and 27 elected members. The second constitution was amended in 1951 and reinstated freedom from arbitrary arrest and banishment and freedom of expression, speech and association. The 34 member People’s Majlis’ term was set to five years.

In 1950, the People’s Majlis voted to abolish the monarchy and institute a republican government in the Maldives. A public referendum endorsed the change and a third constitution on 1 January 1953 established a presidential system of government in the Maldives for the first time.

The new democratic constitution comprising 30 articles established a president to be elected through a direct vote, a judiciary appointed by the president and a bicameral legislature – an 18-member senate and a 47 member House of Representatives.

The new constitution also limited the presidential term to five years, but appointed Al-Ameer Mohamed Ameen Dhoshimeyna Kilegefaanu as the first president of the Maldives. For the first time in Maldivian history, a woman was elected to the parliament.

However, the Maldives’ first republic was short-lived. A revolution on August 21, 1953 abolished the Republic. The country reverted to a Sultanate on January 31, 1954. The change was followed by the ratification of the fourth Constitution of Maldives on March 7, 1954. The fourth constitution declared the Maldives to be an “elected monarchy.”

A unicameral legislature was reinstated with 54 members, of which 6 were to represent the king, 46 to represent the people and two to represent businessmen. Only Maldivian men could vote to elect the People’s Majlis.

Shortly after the Maldives won independence from the British Empire, the fourth constitution was repealed and a Second Republic was established under the rule of President Ibrahim Nasir in 1968. The new constitution declared: “The Maldives is an independent and free state.” According to the fifth constitution, the president of the Maldives was to be elected through a secret vote of the 54 member People’s Majlis.

In 1980, the second president of the second republic Maumoon Abdul Gayoom called for a special constitutional assembly consisting of cabinet ministers and People’s Majlis members to amend the new constitution.

After an 18-year long process, the fifth constitution of the Maldives was amended for the fourth time. Notable amendments included clauses permitting any individual who wished to stand for presidency to submit an application to the People’s Majlis. The Majlis would then choose a candidate who then had to be approved through a public referendum.

In September 2003, unprecedented anti-government riots broke out in Male, sparked by deaths of four prison inmates. The September riots came shortly after the Majlis had unanimously endorsed President Gayoom as the sole candidate for a record sixth term in office.

In October 2003, Gayoom was elected by 90.3 percent of the popular vote. In his inaugural address, Gayoom promised various political reforms. Gayoom’s first steps were to institute a human rights commission in 2003 to investigate abuses and to establish a constitutional assembly in May 2004 to draft a democratic constitution.

The constitution was to guarantee separation of powers and a multi-party democracy.

The constitutional assembly—the People’s Special Majlis— consisted of 29 appointees, along with 42 elected members of the regular Majlis and a further 29 elected members.

The drafting process was slow with rival political parties at loggerheads over several issues including the opposition proposed adoption of a parliamentary system in the Maldives. A public referendum was called in August 2007, and 60 percent of the public backed a presidential system of government.

The sixth constitution of the Maldives, ratified in August 2008, introduced a whole new set of democratic rights, enshrined the separation of powers and introduced mechanisms for accountability and transparency. It paved the way for Maldives’ first multi-party elections in October 2008.

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