Government calls for immediate Tourism GST increase to 15 percent

The government has submitted a bill to parliament calling for the Tourism Goods and Services Tax (T-GST) to be increased from 8 to 15 percent, effective immediately.

The bill was submitted by Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed last week on behalf of the government.

A T-GST of 3.5 percent was first pushed through parliament by the former government in 2011, with planned increases to 6 percent in 2012 and the current 8 percent in 2013.

Prior to the introduction of the T-GST, the primary sources of state income from the tourism sector included resort rents, import duties, and a flat eight dollar a night ‘bed tax’.

During the first month following the introduction of the T-GST, the government collected US$7.2 million from 800 of the newly registered 871 tax papers, a figure that revealed the Maldives had been underestimating the total size of its main industry by a factor of three.

Economic crisis

The proposal to increase the tax comes as the Maldives faces increasingly dire economic circumstances.

Finance Minister Abdulla Jihad revealed in April that the government had exhausted its annual budget for recurrent expenditure (including salaries, allowances and administration costs) in the first quarter of 2013, and announced the suspension of all development projects.

The State Bank of India’s refusal to roll over loans at the start of the year has seen central bank reserves at the Maldives Monetary Authority (MMA) “dwindle to critical levels”, as noted by the World Bank, to barely a month’s worth of imports.

The State Electric Company (STELCO) – the country’s main supplier of electricity to inhabited islands – meanwhile revealed this week that the government had failed to pay electricity bills to the tune of MVR 543 million (US$35.2 million), and warned Parliament’s Public Accounts Committee in a letter that it faced cash flow problems and an inability to roll out new projects as a result.

T-GST rise contentious

Tourism industry figures have previously warned that a sudden increase in T-GST would have an immediate effect on the industry’s bottom line, as many resorts are locked into year-long supply and pricing agreements with tour operators.

An overnight near-doubling of the tax to 15 percent would have “serious ramifications on tourism and the Maldivian economy,” warned one resort manager.

“Most wholesalers will not accept price increases mid-contract irrespective of what clauses we put in a contract, as laws within the EU prevent this. Hence, this will have to be absorbed by the resorts,” he explained.

“I am aware that many resorts are struggling financially and this may be enough to put them over the edge. It will be very difficult to attract much needed foreign investment when the government continues to give these signals,” he added. “Why hamper and reduce demand to a destination that is already struggling to attract its core and traditional markets?”

The resort manager said that it was unreasonable to expect the resort industry to foot the bill for the state’s financial irresponsibility, “considering there have been limited efforts within the government to reduce its expenses. [The proposed tax increase] is short term thinking that will lead to a major default within the Maldivian economy and industry, if this proceeds.”

“What continues is a large bureaucracy that makes it as difficult as possible for tourism to provide high end service to its guests in order to maintain our positioning [in the market],” he observed.

“What is basically required is that these slow and lethargic government departments to go through a productivity and efficiency program. Make the processes more efficient, make civil servants accountable for productivity targets, reduce the government workforce and increase the percentage of Maldivian workers in resorts,” the manager suggested.

The issue here is that the resorts will need to cut costs and increase efficiency to counteract this. This may hamper guest service, product enhancements and refurbishment, and staff benefits which is again detrimental to the industry as a whole. The Maldives is a premium destination with premium levels of service and this tax increase would hamper this positioning. The Maldivian people will need to expect cost cutting and in some aspects retrenchments.”

New tax fatwa

Prior to the submission of the government’s proposed increase to the T-GST, local media reported that the Fiqh Academy had issued a fatwa (an Islamic ruling) prohibiting the government from levying taxes of any sort except under exceptional conditions.

Announcing the Fiqh Academy’s ruling in a statement on May 22, the Islamic Ministry noted that taxation was only permitted under Islam in certain circumstances.

“Tax can be taken from citizens to fulfill their basic needs, and only up to the amount required to fulfill these needs in cases where the state does not have enough money [for this],” the statement read.

According to local media, the fatwa requires that any tax money collected be “invested fairly and according to Islamic principles”.

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“They do not care”: Maldives outsources climate change pavilion at international art show

The Tourism Ministry outsourced the Maldives’ first national pavilion at the Venice Biennale art show to an Arab-European collective of curators, some of whom have alleged the Maldives government does not care about climate change or the arts.

The overarching theme of the Maldives’ pavilion, entitled “Portable Nation: Disappearance as a Work in Progress – Approaches to Ecological Romanticism”, is about how the survival of the nation, Maldivian people and cultural heritage are threatened by catastrophic climate change impacts, such as rising sea levels.

The pavilion is meant to raise awareness and be a call to action against climate change as well as explore questions of environmental impact, climate change and migration in the Maldives, as part of the art show taking place in Venice, Italy.

The art exhibitions also highlights Maldivians’ current efforts to archive and collect as much of their cultural heritage as possible, prior to the entire nation’s disappearance, due to rising sea levels, and the subsequent forced displacement of 350,000 people.

The Maldives pavilion was “almost abandoned” following the controversial transfer of power February 7, 2012, given that it was originally an initiative of former President Mohamed Nasheed and envisioned as a way to draw attention to climate change and the plight faced by the Maldives, according to an article published by the Inter Press Service (IPS).

Although Minister of Tourism, Arts and Culture Ahmed Adeeb commissioned the pavilion, President Mohamed Waheed Hassan Manik’s government “lost interest” in the initiative and allowed a joint Arab-European collective of artists, called the Chamber of Public Secrets (CPS), to curate the exhibitions, alleges the IPS.

Some of the Maldives pavilion curators have accused Waheed’s government of having no interest in the arts, the pavilion exhibitions, or climate change.

“They did not care. They did not mind. They don’t believe in the power of art to affect anything anyway,” associate curator Maren Richter told the IPS.

“The new government even denies the [climate change] problem and says that Nasheed was a liar. They say, ‘He built an airport and resorts, why would he do that if sea levels are rising?’,” added Richter.

CPS curator and Lebanese artist Khaled Ramadan echoed these sentiments in his documentary “Maldives To Be or Not”, which “explores Western preconceived notions about the Maldives and its ecology.”

The film focuses on the current socio-political challenges faced by Maldivians, which include climate change as well as “the corrupt tourism industry” and the struggle “to balance their life between modernity and traditions,” he explained to the publication BLOUIN ARTINFO.

Ramadan visited the Maldives in March 2013 as a “citizen of the Arab world who wanted to learn about what’s left of the shared history and how this amphibious nation is treating its contemporary culture in relation to its ecological strengths and weaknesses.”

“The environmental hazard about the Maldivian nature is an over politicised notion, and the nature has proven to be much more sustainable than the Maldivian culture,” wrote the Maldives Pavilion blog.

“Would our request to represent Maldives as outsiders have been accepted by Venice Biennale officials without official letter from the current Maldives government?” asked Ehsan Fardjadniya, an artist and activist based in Amsterdam participating in Maldives Pavilion.

The initial ideas for the Maldives pavilion were to unite a network of activists to discuss and act on climate change issues and the ongoing political turmoil in the country via a mobile pavilion representing the forced migration of these future climate refugees, Fardjadniya explained in an interview for the Maldives Pavilion blog.

“Right now, the project has found a venue and doesn’t seem to relate itself much or at all with the pressing issues in the Maldives,” said Fardjadniya. “On the contrary, we seem to be commissioned by the current government to represent the Maldives at 55th Venice Biennale.”

“I would rather be an outsider to this present situation and act against this cultural coup,” Fardjadniya declared.

The Maldives pavilion includes a variety of exhibitions created by international multi-media artists, individual contributors and group collaborations.

While the exhibitions were primarily created by artists of various nationalities, two Maldivians, Moomin Fouad and Mohamed Ali, contributed their film “Happy Birthday”. The film, about a kidnapping and disappearance, previously won 12 MFA Awards at the 2011 Maldives Film Festival.

The 55th Venice Biennale was launched on 29 May and will be open to visitors until 24 November.

The Biennale claims to be “one of the most prestigious cultural institutions in the world…promoting new artistic trends and organising international events in contemporary arts” since its formation in 1895.

Minister of Tourism, Arts and Culture Ahmed Adeeb was not responding to calls at time of press.

Addendum: Following publication of this article Minivan News received the following statement from Abed Anouti, Producer at the Chamber of Public Secrets, in response to an enquiry made by Minivan News the previous day.

In compliance with CPS’s copyright request Minivan News has also taken down an image of the pavilion’s promotional poster, distributed by CPS and used to illustrate the story.

The article by Ferry Biedermann published at IPS is full of miss information. Mr. Ferry NEVER interviewed anyone from the Maldives Pavilion, his claims stand for his own account. He has no sound recording, email correspondence, footage or even photos from the curators of the pavilion to support his claims.

As we do with all journalists, we only presented to Mr. Ferry our PR which is published on our website. CPS always asks journalists to look at our PR statement at our website to learn more about the project. He didn’t use time to study the artworks at the pavilion, he is not an art writer or even cultural writer, he is another journalist who is looking for sensations.

Mr. Ferry Biedermann is not the only journalist who took advantage of our positive pavilion to score political or journalistic points to himself or his agency.

Minivan is another agency that is spreading rumors and misquotations. Neither the curators of the Maldives Pavilion nor the participating artists have given any interviews to Ferry Biedermann or Minivan.

CPS team and the invited artists worked hard for over a year on the issue of climate change to present a research based art exhibition in Venice, our focus is not only Maldives but environment in a global context.

So far professional art writers have been given the Maldives Pavilion the best reviews and we are among the most popular destinations of the Venice Biennale. Furthermore, the Maldives Pavilion was the only one to be interviewed by the Italian national TV on the day of the opening.

As a professional artists group, we approach the Maldives with positive thinking, we are not journalists who seek negative stories. We don’t wish to politicize art and refuse to be part of any political sensational publishing agencies like Minivan.

Just for the record all conversations and emails with non-professional art writers or art critics are published on our web to avoid misuse or misquotation of any of us like in the case with Mr. Ferry.

Finally, Minivan unethically used our graphic poster without our knowledge or permission. Therefore we urge you to remove it from your website due to copyright.

Abed Anouti,

CPS – Producer

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All candidates should accept outcome of a credible election: McKinnon

The opposition Maldivian Democratic Party has called for increased international assistance to help ensure a free and fair presidential election in September, alleging that the country’s political system is presently under considerable “stress”.

As the country’s sole political opposition, the MDP has criticised what it calls a “lack of decisive action” from the international community both in implementing findings from the Commonwealth-backed Commission of National Inquiry (CoNI) report, as well as providing election support.

The government-aligned Progressive Party of Maldives (PPM), which is also fielding a candidate in September’s election, meanwhile said it believed “a lot more has to be done” by the Elections Commission (EC) to ensure voting is free and fair.

The claims were made following Commonwealth Secretary-General’s Special Envoy Sir Donald McKinnon’s visit to the Maldives this week, as preparations get underway for the presidential vote scheduled for September 7, 2013.

In a statement released yesterday (June 5), McKinnon called for free, fair, peaceful and inclusive elections, while also highlighting the need for the public to ensure their details were correctly included on the recently gazetted electoral register.

Verification

Upon being published in the Government Gazzette last Thursday (May 30), the public has been given a 10 day window to check and clarify that people included on the list were correctly registered – or risk invalidating their right to vote.

With the conclusion of a four-day visit to the Maldives yesterday, McKinnon called on all Maldives nationals with the right to vote to take the time to verify their details were correct.

“Voter registers are at their best when the regulatory authority and the political parties work together to ensure their accuracy,” he said.

“It is also my hope that the nominated candidates of political parties will be able to contest the election, on a level playing field, so that the election outcome fully reflects the will of the voters. This will be important for the election’s credibility. I would also expect all candidates to accept the outcome of a credible election.”

Mckinnon’s statement also spoke on the importance of moving forward with recommendations raised in the CoNI report on holding “perpetrators of police brutality” during last year’s controversial transfer of power to account.

As part of his visit, McKinnon met with President Dr Mohamed Waheed to pledge the Commonwealth’s support for free and fair elections, while the government said it remained committed to fair polling and the need for unspecified political reform.

President’s Office Media Secretary Masood Imad was not responding to calls at time of press.

Calls for action

Speaking to Minivan News following the publication of McKinnon’s statement, MDP MP Hamid Abdul Ghafoor claimed that the party had continued to hope for stronger action from the Commonwealth during the last year to ensure implementation of the CoNI report’s findings.

The CoNI report rejected the MDP’s allegations that the government of former President Mohamed Nasheed was toppled by a “coup d’etat” on February 7, 2012, following a mutiny by sections of the country’s police and military.

The MDP eventually accepted the report last year “with reservations” concerning the alleged omission of key evidence submitted at the time.  The party claimed the decision was taken to move ahead with recommendations that members of the security forces be found investigated for “illegal acts” during the transfer be punished accordingly.

During a parliamentary inquiry by the Parliament’s Executive Oversight Committee (EOC) earlier this year, the Police Integrity Commission (PIC) claimed that actions by certain officers during the mutiny which led to the change in government were unlawful and amounted to crimes worthy of prosecution by the state.

PIC Vice President Haala Hameed said during the session that the PIC had identified 29 cases of police misconduct, out of which cases concerning six police officers had been sent to the prosecutor general (PG) for prosecution.

The PIC at the time claimed it had urged then-Home Minister Mohamed Jameel to suspend the officers immediately, however the request was not adhered to, and instead at least one of the accused was promoted.

The commission this week announced it had concluded its investigation into police conduct during the controversial transfer of power in February 2012.

Ghafoor alleged that there had since been very limited interest from the Commonwealth in following up on the CoNI recommendations, accusing senior police and military officials of preparing for September’s election in a similar manner to political parties competing in the vote.

He raised particular concern that Police Commissioner Abdulla Riyaz and Minister of Defence Colonel (Retired) Mohamed Nazim, who assumed their roles directly following the controversial transfer of power, remained in their positions ahead of the election.

Vote concerns

Although welcoming McKinnon’s comments stressing the importance of the public verifying their details were included correctly on the voter registry, Ghafoor claimed that the Commonwealth had identified only one of a number of potential electoral concerns ahead of September’s vote.

He therefore called for greater intentional assistance to ensure free and fair elections ahead of September’s polling.

“The entire political system in being put under stress now and we wait to see what assistance the Commonwealth will provide,” Ghafoor said. “Our Elections Commission is good, but they continue to be put under pressure.”

“There is a lack of decisive action, but the words are certainly there from the international community,” Hamid added.

Alongside the MDP, the government-aligned Progressive Party of Maldives and the Jumhoree Party are also expected to field candidates directly against President Waheed and a coalition of several parties backing him as their candidate during September’s election.

Speaking to Minivan News, PPM MP Ahmed Nihan said that while the party continued to work within the present coalition government under President Waheed, it held concerns about his alleged use of state funds for campaigning.

He said that despite claims made in local media by members of the president’s coalition that recent island visits had been for the benefit of the nation, the PPM viewed the trips as state-funded election campaigning by Dr Waheed’s party.

From the perspective of the EC, Nihan said that the party was also continuing to come across issues within the recently published election registry relating to incorrect information and the inclusion of voters now believed to be deceased.

He said that with an estimated third of the population also having moved from their home islands to the capital in recent years, correct registration would be another vital issue in the lead up to September.

Nihan claimed the EC therefore “has a lot of work to do” in the lead up to September to ensure its database of registered voters was both up-to-date and correct, adding that with the money spent by the state over the last three years, uncertainty remained over how smoothly voting would go.

“The government also has to try and provide the funds for the EC and also participate with international stakeholders to get the assistance to ensure elections are free and fair,” he said.

Minivan News was also awaiting a response to the MDP’s allegations at time of press from Moosa Rameez, a spokesperson for the JP, which is headed by local business magnate and MP Gasim Ibrahim.

The President’s Office has previously rejected accusations that the government was working to exert undue influence on voters through state resources, accusing both the MDP and PPM of making allegations without any evidence.

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President Waheed requests reshuffle of educational institutions

President Mohamed Waheed has requested parliament approve structural changes that would reshuffle educational institutions, reports local media.

The government proposal would move the National Institute of Education (NIE) under the Ministry of Education as well as transfer the Education and Vocational Training Center for Children (ETCC) to the Ministry of Gender, Family and Human Rights.

Waheed’s cabinet established the NIE on December 24, 2012, however it did not begin to function until May 20, according to local media.

The Education Development Centre and the Centre for Continuing Education, previously under the Education Ministry, were abolished and their mandates transferred to the NIE in 2012.

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Father of main suspect in Afrasheem murder case accuses police of coercion

The father of Hussain Humam, the main suspect in the murder of MP and religious scholar Dr Afrasheem Ali, has alleged his son was psychologically traumatised and under coercion by the police when he confessed to the crime.

The suspect has since retracted the confession he gave at a hearing held June 1.

In two separate letters dated May 26 that were sent to Criminal Court Chief Judge Abdulla Mohamed and the Human Rights Commission of the Maldives (HRCM), Humam’s father Ahmed Khaleel asks for assistance from authorities to “ensure [my] son is granted a fair trial devoid of coercion and undue influence.”

Referring to the May 22 hearing of the case, the letter sent to the Criminal Court and obtained by Minivan News reads: “I observed that when my son, Hussain Humam, was brought to the hearing, he was under psychological fear. I observed that he was in a very bad condition, was physically weak and his eyes were reddened. And during the trial, my son, Hussain Humam Ahmed, displayed signs of mental instability, including staring upwards, placing his handcuffs against his mouth, and laughing. Owing to these circumstances, I believe it is of utmost importance to assess Humam’s mental status prior to scheduling another hearing.”

During the previous hearing Judge Abdulla Didi denied a request by Humam’s lawyer that his client be psychologically tested, stating the lawyer had not mentioned any psychological disorder during a prior hearing to extend Humam’s detention.

Alleged police intimidation during trial

Khaleel also alleged in the letter that during the May 22 hearing, police acted “outside of the norms of a court hearing: attempting to psychologically intimidate Humam, and acting in many ways to influence what Humam had to say.”

Khaleel alleges that police  forced Humam into initially rejecting his right to have a defence lawyer, stating, “When the Judge enquired if he wished to have a lawyer, Humam quietly said ‘I do want a lawyer too’, at which point the police officer on his right, and the two officers on his left – Ali Ismail and Shamin – gave angry looks towards Humam and gestured with their eyes in a way that seemed to indicate that Humam was not permitted to say so. I believe that this forced my son to give up and lose this constitutional right.”

“The police also continued to converse with each other while the hearing was ongoing, discussing different aspects of the case itself, and speaking in such a way that it seemed Humam was being threatened. They also exchanged written documents with the state prosecutor outside of court proceedings,” his father alleged.

“Despite the judge unfailingly working to carry out a trial based on fairness and equality where the rights of both concerned parties are protected, with reference to the actions of police in and out of the courtroom, I do not accept that the hearing in question was a fair and just hearing,” Khaleel wrote.

Khaleel called on the court to review video footage of the hearing to confirm his claims, and pleaded for his son to be granted a fair trial and the constitutional rights entitled him.

CP Riyaz and other senior police officials accused of coercion

Khaleel alleged in his letter that in every instance he had visited Humam, his son had repeatedly complained that the police were trying to force him to confess to the MP’s murder.

“I have also observed that the police have phrased their words in such a manner that forces [Humam] to confess. For instance, police brought Humam to Male’ as a hearing had been scheduled for May 16. However, your court cancelled the hearing in the end, and instead of taking Humam back to the Villingili Police Station (where he is being held in detention), he was kept in police headquarters in Male’,” Khaleel wrote.

“I have learnt that while he was being kept in Male’, several police officers of various senior ranks questioned him, outside the processes of investigation, including Commissioner of Police Abdulla Riyaz. They all pushed him to confess, assuring him that he would be spared the death sentence if he did so, and threatening that if he did not, they would ensure that he was sentenced to death. Police further said that if he chose to confess, he would be spared from both the death sentences and charges previously raised against him, and tried to confuse and delude him,” he alleged.

“I have also learned that police, even in other instances, have tried to threaten and coerce Humam into a confession, and have asked him to make use of the opportunity presented.’”

“The confession was an exaggerated mix-up of disjointed statements”

“My wife – Humam’s mother – and I met Humam on May 23 and my wife asked him to tell the truth for her sake and the nine months and ten days she carried him inside her, and Humam cried out, ‘No, mother, I did not kill Afrasheem’. He said the same when I repeatedly questioned him about it,” Khaleel stated.

“Therefore, Humam having stated in front of both of us in the court hearing, in such a way that will be heard by the whole of the country, that he had killed Afrasheem, he then told us that he had, in fact, not committed the murder, and this gives rise to many questions in my mind about how this could have happened,” he continued.

“I am now certain that the police and various political leaders, in a bid to hide the truth behind this, and to conceal the real murderer, have made police question Humam and get details about his life and past. I am also certain that the statement that was submitted to the court as one provided by Humam, is in fact an exaggerated account mixing together responses Humam gave to police about unrelated matters, adding and taking out details, and changing and editing it to align with what the police want it to state,” Khaleel alleged.

“When police are exerting undue influence and interfering with a case under the jurisdiction of your court; forcing Hussain Humam to give up a constitutional right, concealing the actual culprits behind the murder for different political gains, telling Humam various things in a bid to pin this on innocent people, and senior police officers are pushing their long arms into this matter outside the boundaries of the trial, I would like to bring this matter to your attention,” he wrote in conclusion of his letter to the Criminal Court Chief Judge.

Speaking to Minivan News today, Khaleel confirmed that officials of the Criminal Court had met with him and advised him on the best way to proceed.

“They told me that some of the matters I had pointed out can only be raised through a lawyer. They were helpful and listened to my concerns,” Khaleel said.

Criminal Court Media Official Ahmed Mohamed Manik was not responding to calls at the time of press.

Police deny coercion allegations

“It is an outright lie. The hearing proceeded in the presence of the judge. Media was also present in the room. Police did not at all intimidate or threaten Humam in any way, nor did police attempt to influence the courts in any form,” stated a police media official, requesting to remain unnamed.

“We can say with certainty that at no time, during or after the investigation stages, did senior officials talk to Humam to pressure him into a certain action or to influence the trial,” the police spokesperson said.

“Confused how HRCM defines human rights”

Khaleel also wrote to HRCM, expressing concern that his son was being subjected to psychological trauma, threats and intimidation while being held in police custody.

He further alleged that Humam was being coerced into confessing to a crime he did not commit, requesting the commission to look into the matter, and to grant an appointment in which he could provide further details of the allegations.

Khaleel further claimed that police had initially prevented Humam from seeking legal representation, thereby stripping him of the constitutional right stipulated in Article 16 of the Constitution of Maldives.

“I have not had any response from HRCM. I have been endlessly trying to get them to do something about this. I have called them lots of times, and they either say they’ll call back or that there’s no one relevant to talk to. Once, I was told there was no point in meeting the HRCM President just yet, that maybe I should meet someone else they recommend. My point is, how will I be able to meet anyone unless they grant me an appointment, at the least?” Khaleel told Minivan News.

“If they call themselves the Human Rights Commission, shouldn’t they be looking into matters like this where a citizen is being deprived of his rights? I am no longer sure how this commission defines human rights, or just how much they are able to protect such rights,” he said.

HRCM Media Official Sajidha Majdi confirmed that the commission had received the letter, but declined from commenting on the matter, stating it was against the commission’s policy to speak about an ongoing case.

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Employers facing investigation after 75 expatriates detained for illegally working in market

The Maldives Department of Immigration and Emigration has detained 75 illegal workers this week, and is currently investigating how many are victims of corrupt employment practices.

An immigration official, who asked not to be identified, said an unspecified number of the 75 expatriate workers detained in Male’ on Tuesday (June 4) had already been released as authorities sought to clarify the exact reasons for how they had ended up working in the capital’s market area.

Foreign nationals are not permitted under Maldives law to work at the market area, according to the Immigration Department.

Despite this, a total of 57 foreign workers were seized by authorities in April this year after having been found working at the market area of Male’.

A police media official confirmed yesterday (June 5) that officers had assisted in detaining 75 “illegal aliens” from the local market area of Male’, referring all further enquiries to the country’s immigration service, which has taken responsibility for the workers.

Immigration Controller Dr Mohamed Ali was not responding to calls from Minivan News at time of press to confirm how many of the detained foreigners were presently expected to be sent to the department’s “processing centre” – a gated compound on the island of Hulhumale’.  Unregistered expatriates are usually kept at the centre before being sent back to their respective countries.

Immigration Department Chief Executive Officer (CEO) Abdullah Munaaz – charged with overseeing the service’s monitoring and repatriation efforts – has meanwhile said that authorities were expecting to decide within the next 48 hours how many of the 75 expatriates may face deportation. With investigations ongoing into the case, he said that no further details on the detained workers could be made public at present, with an official announcement expected in the next few days.

The Maldives has come under increasing pressure to tackle the issue of unregistered expatriates, with the country appearing on the US State Department’s Tier Two Watch List for Human Trafficking.  The country has appeared on the list for three years in a row.

Immigration Controller Dr Ali has previously told Minivan News that while almost all foreign workers coming to the Maldives arrive under registered companies, some were finding themselves “illegally used” by employers due to “systematic abuse” of the visa system.

Earlier this year, the Immigration Department confirmed that authorities had targeted the return of 10,000 unregistered workers by the end of the year.

This pledge to return a predetermined number of expatriates was criticised at the time by the Human Rights Commission of Maldives (HRCM), which raised concerns that some workers were being punished for the actions of employers and agents acting outside the law.

Worker release

The immigration source claimed that the country’s expatriate monitoring service was in the process of trying to individually identify whether the detained workers should be released, or deported.

The source said all those detained had not been registered to work in the market area, although some were suspected of being illegally made to do so by their legal employers.

“The paperwork is being done now to try to identify the people who are being put to work at these places by their employers,” the Immigration Department figure added. “These people are working in places where they are not registered to do so and we need to know why is this happening. Some of the employers are giving [the department] a different story to those provided by the expatriates.”

The anonymous source said that authorities would also be looking to take action against employers who may be supplying illegal labour.

The same source has claimed that the majority of the 75 detained workers were suspected of having absconded illegally from their Maldivian employer to seek better paid work elsewhere in the country.

Late last month, Immigration Department CEO Munaaz said his department had recently become aware of individuals posing as recruitment agents who were travelling to airports to poach foreign workers by promising them resort positions or higher pad jobs than the work they may have originally been brought to the country for.  Whether these jobs really exist is unknown.

“Now we have started to identify how this is being done and we are working to stop this,”Munaaz said at the time. “We know there are agents living here in Male’, some who are foreign nationals from the same countries, and they are bringing people over. We are in the process of breaking these rings.”

Foreign low-wage workers are often lured to the country by such brokers, paying a ‘recruitment’ fee or entering into debt – sometimes as high as several thousand dollars – that is shared between local agents and recruiters in the country of origin, most significantly Bangladesh.

In many cases the workers are then brought into the country ‘legitimately’ by a specially-created paper company, created using the ID of a complicit or unwitting Maldivian national, for the stated purpose of working on a ‘construction project’ of dubious existence.

Senior immigration sources have confided to Minivan News that almost no human verification was undertaken by authorities to ensure workers were genuinely employed once a business or construction project was approved.

Moreover, despite the size and scale of the practice, not a single recruitment agent or labour trafficker has appeared before a Maldivian court.

Human trafficking

While the government earlier this year launched a special campaign intended to raising awareness of the rights of foreign workers, NGOs and institutions continue to identify human trafficking as a significant issue needing to be addressed in the country.

Human rights groups in the Maldives have for instance continued to criticise the present and former governments for failing to pass legislation that would allow authorities to press charges against individuals directly for the offence of human trafficking.  The legal measures to do so are presently under review in parliament.

In February, former President Maldives Association of Construction Industry (MACI) Mohamed Ali Janah claimed that an estimated 40 percent of the foreign employees in the sector were thought not to be legally registered.

Considering these numbers, Janah said he could not rule out the involvement of organised crime in certain employment agencies, which supply a large amount of foreign labour to building sites in the Maldives.

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DQP MP Riyaz submits bill proposing hanging as preferred method of execution

Dhivehi Quamee Party (DQP) MP Riyaz Rasheed has submitted a bill to parliament proposing executions be carried out by hanging people sentenced to death in court.

Riyaz told newspaper ‘Haveeru’ that he submitted the bill because the government’s version of the bill, drafted in December 2012, had yet to be submitted to parliament.

According to Riyaz’s bill, the trials of people accused of offences punishable by death under the penal code are to be conducted with a defence lawyer, even should the defendant refused.

The bill requires the lower courts to forward a case report to the High Court 14 days from the date the trial reaches a conclusion. The High Court is required to conduct a trial to determine whether the lower court’s ruling is lawful.

Should this decision be upheld, the matter must then be referred to the Supreme Court, which issue the final ruling on the case.

According to the bill, the defendant is given the opportunity to meet his family and say his last words before he is hanged.

The bill obliges the state to delay implementing death sentences if the person is a minor, pregnant woman, mentally ill or suffering from a disease.

In December last year, Attorney General Azima Shukoor drafted a bill outlining how the death sentence should be practiced in the Maldives, with lethal injection being identified as the state’s preferred method of capital punishment.

The government’s draft, which has yet to be submitted to parliament was criticised by religious groups in the Maldives, who argued that the state’s method of execution should be beheading or firing squad.

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Judiciary needs transitional arrangement before elections: former JSC member

The former Presidential Member of the Judicial Service Commission (JSC) Aishath Velezinee has called on international organisations to lead a transitional arrangement for the judiciary prior to September’s presidential elections.

UN Special Rapporteur for the Independence of Judges and Lawyers Gabriela Knaul’s final report to the UN Human Rights Council extensively outlined the political, budgetary and societal challenges facing the judiciary and wider legal community, as well as the politicisation of the Judicial Services Commission (JSC) and its failure to appoint qualified judges under Article 285 of the constitution.

The Special Rapporteur also expressed “deep concern” over the failure of the judicial system to address “serious violations of human rights” during the Maldives’ 30 year dictatorship, warning of “more instability and unrest” should this continue to be neglected.

“The UN special rapporteur’s report has raised very serious concerns that the public should be thinking about, because it has implications that affects every single individual in this country, the report is not for the state alone,” said Velezinee during a press conference held on June 5.

“The report raises questions regarding the impartiality of the supreme court. It highlights a political bias in the supreme court,” Velezinee said. “If we are going to allow the supreme court to be the decider on elections, there is very little reason for the public to have confidence in the election results.”

Velezinee noted that because only three months remain before the September 7 presidential elections, “It is time for the parliament and for the leaders to sit down together and come to a transitional arrangement.”

“That transitional arrangement should include a bench or some system outside of existing courts, outside of the supreme court, that will have a final say on all election related issues,” she stated.

“It can’t be done only locally. We need the expertise, presence and participation of the International Commission of Jurists as well as the UN in a transitional arrangement,” she continued.

“Considering the status of the state today, we need a partnership. Bilateral participation would not be something to promote, the best thing would be to have broader participation with international partners,” Velezinee added.

Resistance to consolidating democracy

“Our country today is at a serious critical junction and the issues are all coming from resistance to consolidating democracy,” said Velezinee.

“One of the most serious issues noted in the [UN special rapporteur’s] report is the misconstruing of democratic concepts in the constitution, and the use of these for personal gain by state officials within the JSC, Supreme Court, as well as parliament.”

“After elections the judiciary must be overhauled,” she declared.

The JSC was required to re-appoint judges under Article 285 of the constitution who possessed “educational qualifications, experience and recognised competence to discharge the duties and responsibilities of a judge, and must be of high moral character.”

“It is only through acknowledgement and acceptance that we have breached the constitution on article 285 that we will have the opportunity and the legitimacy to overhaul the judiciary,” explained Velezinee.

“That is very important, unless we do that we may fall into a cycle of coups… and this will go on unless the judiciary functions correctly.”

Velezinee said that while only the Maldivian Democratic Party (MDP) “has stood by the constitution”, it had failed so far to directly address the controversial re-appointment of unqualified judges to the judiciary.

“I have heard the MDP talk about problems in the judiciary and with individual judges, but I am disappointed I have not yet heard them speak of the constitutional breach of article 285,” she told Minivan News.

“[Parliamentary Speaker Abdulla] Shahid is an expert on democracy and is ready to intervene to return the Maldives to the constitution,” claimed Velezinee. “Having Shahid join the MDP is good because now they can go ahead and return the country [to constitutional rule].”

“I also welcome [former Attorney General Husnu] Suood breaking his silence and taking initiative. It’s a good sign he’s speaking up,” she added.

Eariler this week Suood claimed that the JSC had been taken over “dark powers”, and that it was fully under the control of certain political figures.

Suood further contended that the presidential candidate for the government-aligned Progressive Party of Maldives (PPM) Abdulla Yameen Abdul Gayoom, the Deputy Speaker of Parliament and PPM MP Ahmed Nazim, and retired Supreme Court Judge Mujthaz Fahmy have long been in the business of influencing the judges and the verdicts they had been issuing.

“The entire judiciary is under the influence of [retired Supreme Court Judge] Mujthaaz Fahmy,” he alleged.

Suood further alleged that Deputy Speaker Nazim had close ties with members of the JSC, and said several judges had told him that Yameen Abdul Gayoom – half brother of former President of 30 years, Maumoon Abdul Gayoom – had on several occasions given instructions to the judges over the phone as to how their sentences should be phrased.

Yameen and Nazim have denied the allegations.

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Police discover over 14,000 cans of beer in water near Male’

Marine Police and Maldives National Defence Force (MNDF) officers were today collecting thousands of cans of beer found floating in the sea on the west side of Male’.

According to the statement issued by police, so far 14,548 cans of beer have been taken from the sea, with more continuing to be found.

Police initially received a report yesterday afternoon at 1:00pm that a dhoni named ‘Azum’ had tipped off balance near Male’, and some beer cases on the vessel had fallen into the sea.

However, a police media official later told media that the earlier statement was a mistake, and said police have been unable to determine the owner of the beer cans or how they were lost.

A police media official stated that police were still trying to determine whether the beer was dumped intentionally.

Marine police are patrolling around Male’ to pick up the floating beer cans.

‘’No one has claimed responsibility for this nor have they admitted the cans belong to them,’’ a police media officer  told Minivan News.

Possession and consumption of alcohol is illegal outside resort islands and licensed safari boats in the Maldives.

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