Discount flats for state officials undermine trust: Transparency

Transparency Maldives has called on the state to refrain from providing “any form of gratuities and privileges to state officials” following the hand over of flats to high-ranking officials.

The government awarded luxury flats at discount prices to Supreme Court judges and four heads of independent bodies including the Anti-Corruption Commission in what it called an attempt to “ensure their integrity”.

The awarding of flats to state officials can be perceived as an attempt by the executive to exert undue influence, Transparency said.

While the state can provide privileges to state officials “based on need and limited to the duration of employment of individuals”, Transparency Maldives expressed concern that the flats are “permanently contracted by the executive to public officials holding time-bound positions of the state”.

“The offering of arbitrary privileges to public officials holding high-ranking positions and the acceptance of such privileges will undermine public trust in these institutions,” the anti-corruption NGO warned.

“TM also notes that upholding integrity in the performance of high-ranking public posts is an integral and core mandate of such positions, and should not be incentivised through handouts of property or other forms of personal enrichment.”

The government has defended its decision to offer discounts on the flats to selected judges and chiefs of independent bodies.

Co-chair of the Economic Council Ahmed Adeeb told a press conference last week that the apartments were awarded to “ensure the integrity of independent institutions”.

“The flats were not handed out. The recipients have to pay for them. This will result in ensured integrity of independent institutions and moreover it will strengthen the state,” he said.

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MDP launches petition for Nasheed release

The main opposition Maldivian Democratic Party has begun collecting signatures on a petition calling for the release of former President Mohamed Nasheed.

The party said the petition will be submitted to President Abdulla Yameen, who is empowered by clemency laws and the constitution to grant pardons.

The Maldivian Democratic Party (MDP) has set up tables outside its main office on Sosun Magu and in the market area in Male’.

The party also plans to send out teams across the country to collect signatures, and a copy of the petition is available on its website.

Nasheed was found guilty of terrorism last month and sentenced to 13 years in prison. The parliament subsequently voted through an amendment to the Prisons and Parole Act that stripped Nasheed of his leadership position in the MDP.

The amendment said inmates could not fill leadership posts in political parties for the period of their incarceration.

Speaking at a rally on Thursday night, MDP Chairperson Ali Waheed claimed Attorney General Mohamed Anil advised parliament that the amendment was unconstitutional.

The chairman of the committee that was reviewing the legislation – ruling Progressive Party of Maldives MP Ibrahim Riza – kept the attorney general’s letter secret from other MPs, Waheed alleged.

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Deals signed for waste management centres in northern atolls

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The environment ministry has signed contracts to build waste management centres in four islands in Noonu atoll and an incinerator shed in Raa atoll Vandhoo.

According to the ministry, the contracts were signed last week with Wee Hour Investment Pvt Ltd and Saruh Pvt Ltd at a ceremony on Thursday (April 2).

Wee Hour Investment was contracted to build the incinerator shed at an estimated cost of MVR 2.5 million ($160,000) and a waste management centre in Noonu Magoodhoo at a cost of MVR 585,260.

Saruh was contracted to construct waste management centres in Noonu Lhohi, Maalhendhoo, and Fodhoo at a cost of MVR 592,087, MVR 798,617, and MVR 539,047, respectively.

Minister of Environment and Energy Thoriq Ibrahim signed the contracts on behalf of the government.

In February 2014, the ministry signed an agreement with Germany’s Michaelis GmbH and Co to establish an incineration plant at Raa Vandhoo to eliminate 40 tonnes of waste produced in all islands of Noonu, Raa, Baa and Lhaviyani Atolls.

The US$2.6 million waste management project was funded by the World Bank and was expected to be functional by 2015.

The General Manager of Michaelis Bernard Grim said the incinerator system could also be used to produce ice in the long run.

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Government to charge US$25,000 for SEZ applications

The government will charge a US$25,000 application fee from potential investors in its flagship Special Economic Zones.

Accepted applicants are also required to pay a US $1 million guarantee to a bank account of the board’s choice within 15 days of receiving the initial permit, under the new SEZ investment board regulations.

The regulations, published on April 2, set out the terms for a programme that the government hopes will bring in $100m by August. It has so far signed one memorandum of understanding for an SEZ.

The regulations give the President the authority to appoint the board’s chair, vice-chair and to dismiss board members at any time.

They also give the board the power to freeze potential investors’ local assets if the permit is terminated and the investor has any outstanding debt. The board will have the discretion to cancel all visas to migrant workers if a permit is terminated.

Speaking to Minivan News, Economic Council co-Chair and Tourism Minister Ahmed Adeeb said the government is “looking for serious investors”, pointing out that the minimum investment for a SEZ stands at US$ 150 million.

Adeeb said the application fee was set after consulting with investors, and that processing these proposals is hard work.

President Abdulla Yameen has previously declared that the SEZ act would become “a landmark law” that would strengthen the country’s foreign investment regime.

The only SEZ activity since the act was ratified by President Yameen in August 2014 has been a memorandum of understanding for a Dubai Ports World free trade port.

Adeeb said, however, that there is a lot of support for the SEZs, pointing out that Indian investors have shown interest in building a gold refinery after Maldives granted duty free status to gold.

The government estimates that it will be able to acquire over US $100 million in acquisition fees from the SEZs by August 2015.

The US$100 million figure has been included as one of three revenue-raising measures in the 2015 annual state budget, alongside increasing import duties and taxes.

“I think we will meet budget targets. Some investors are prepared to pay a US $100 million acquisition fee on a single project,” said the tourism minister.

The first SEZ project is likely to be the Dubai Ports World free trade port in Thilafushi in Male’ atoll, followed by the mega I-haven port project in the north, Adeeb added.

The government signed an MoU with the Dubai company on the port on March 19, while it is still seeking investors for the I-haven project on the northernmost Ihavandhihpolhu (Haa Alif) atoll.

During parliamentary proceedings, the opposition Maldivian Democratic Party (MDP) submitted more than 300 amendments to the SEZ bill.

The MDP claimed that the law would pave the way for money laundering and other criminal enterprises, while authorizing the president to “openly sell off the country” without parliamentary oversight.

The government, however, maintained that SEZs with relaxed regulations and tax concessions were necessary to attract foreign investors.

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Anti-corruption body seeks criminal offence of ‘illicit enrichment’

The anti-corruption watchdog has proposed including ‘illicit enrichment’ as a criminal offence in the new penal code to combat what is seen as endemic corruption in the public sector.

The absence of a legal framework to investigate claims against state employees and probe sources of income amounts to “completely ignoring and not criminalising one of the main acts of corruption,” the Anti-Corruption Commission (ACC) said.

An overwhelming majority of Maldivians believe corruption is a major problem among public officials, according to Transparency International surveys, while the opposition accuses the government of making little progress on the issue.

The watchdog on March 31 submitted 13 amendments to the Attorney General’s Office for inclusion in the penal code, which is due to come into force on April 13.

The commission said the UN Convention Against Corruption encourages the criminalisation of illicit enrichment, which is an offence in some 42 countries, including China, Argentina, Bhutan, Malaysia, and India.

The Maldives is a signatory to the convention, which defines the offence as “a significant increase in the assets of a public official that he or she cannot reasonably explain in relation to his or her lawful income.”

A penal provision for illicit enrichment would “encourage the implementation of the system for wealth declaration in its fullest sense,” the commission said.

Opposition Maldivian Democratic Party (MDP) spokesperson Imthiyaz Fahmy told Minivan News the party believes strengthening the asset disclosure system is important as there is no mechanism at present “to check how a person suddenly becomes rich”.

“There are ministers in this government who did not have anything when they were appointed to the cabinet but suddenly became billionaires,” he alleged.

However, the MP for Maafanu North questioned whether the government would submit the amendments to parliament.

“We don’t believe this government would do anything sincerely,” he said, adding that this was based on its record of moves such as a law barring prisoners from political party leadership, widely seen as aimed at ex-president Mohamed Nasheed.

Asset disclosure

Anti-corruption NGO Transparency Maldives suggested in December that an effective asset disclosure regime would improve public trust in state officials.

In TM’s 2013 Global Corruption Barometer Survey for the Maldives, 97 percent of respondents believed corruption was a serious problem in the public sector.

“Asset declaration generally requires a certain category of public officials – also identified as ‘politically exposed persons’ to describe individuals entrusted with prominent public functions – to disclose their financial and business interests,” TM said in a position paper.

An asset disclosure system can detect corruption, demonstrate the government’s commitment to fight corruption, and help make officials accountable, the NGO said.

The constitution requires the president, ministers, MPs, and judges to submit annual declarations to the auditor general, the People’s Majlis, and the Judicial Services Commission, respectively. However, the information is not available to the public.

While MPs annually declare property, business interests, and liabilities to the Majlis secretary-general, the financial statements are not made public.

The former auditor general told TM that a lack of punitive measures for those failing to submit information rendered the system ineffective.

TM noted that the current system does not require the submission of assets for spouses and children of public officials “which makes cases of illicit enrichment and conflicts of interest invisible and harder to detect.”

“Moreover, the disclosure of business and activities outside the jurisdiction of Maldives, and details of substantial gifts or benefits are also not a requirement in the current system,” stated the paper.

The report suggested that measures for non-compliance would also enhance public trust in democratic institutions.

“Implementing a strong asset disclosure regime would show the state’s commitment to fight corruption and would give a strong message to public servants, a message of zero tolerance to corruption,” said TM.

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Women urge drastic action from president on drugs

A women’s group campaigning against drug abuse has handed the government a petition urging President Abdulla Yameen to prioritise the Maldives’ drug crisis.

The Society for Women Against Drugs collected 359 signatures calling on the president to improve the quality of drug rehabilitation care, and to launch medical care for addicts suffering from withdrawal symptoms in police custody.

“Successive governments have attempted to address the problem of drugs, but they are not doing enough and we don’t see politicians prioritizing the issue,” said the group’s chairperson Fathimath Afiya after handing over the petition last week.

According to a 2012 UN report, there are 7,496 drug addicts in the Maldives. However, critics say the true figure is much higher.

Meanwhile, health advocacy groups have expressed concern over a high risk of HIV spreading among an unmonitored population of injecting drug users.

President Yameen in February acknowledged that changes were needed in the drug rehabilitation system, but the cabinet in March discussed mechanisms to decrease state expenditure on drug care centres.

Home Minister Umar Naseer last year pledged to prioritize drug trafficking and last month brought in a sniffer dog squad.

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Opposition anger over release of protest ‘attacker’

A 28-year-old man arrested for disrupting an opposition protest last week will be released tomorrow, sparking outrage among opposition supporters.

Mohamed Nasheed Abdulla, an activist for the ruling Progressive Party of the Maldives, was arrested after protesters accused him of charging into a crowd of demonstrators on a motorcycle on April 1 in Malé. He did not cause serious injuries.

The next day the Criminal Court transferred him to house arrest for five days, which is set to expire today.

A spokesperson for the main opposition Maldivian Democratic Party, Imthiyaz Fahmy, condemned the criminal court’s “double standards”, noting that opposition supporters arrested at protests were frequently detained for ten to 15 days in police custody.

Unlike Abdulla, the opposition supporters are also being released on condition they stay away from protests for a set period of time.

“These people who attack us, they are the dangerous people, not elected MPs,” said Fahmy, in reference to a court’s Friday decision to hold independent MP Ahmed Mahloof in police custody for an extra 15 days.

Mahloof has been held without charge since he was first arrested from a protest on March 25.

Fahmy also accused the police of failing to take action against individuals who he says continue to attack opposition protesters and vandalise speaker systems and trucks used in protests.

Several individuals the opposition say are gangsters have been caught on camera assaulting protesters and journalists and dousing protesters with crude oil and petrol. Some protesters say they have also been threatened with knives.

The police say they have arrested several people, but that only the court has the authority to detain suspects for longer.

Meanwhile, the release of protesters on condition they stay away from demonstrations for a set period has met with criticism from legal experts and the prosecutor general.

“Releasing a person suspected of a crime with conditions other than ensuring the person’s return to the court maybe unconstitutional,” the prosecutor general wrote in a letter to the chief judge of the criminal court.

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High Court says Nasheed can still appeal

Former president Mohamed Nasheed can still appeal a 13-year terrorism conviction at the High Court despite the end of the 10-day appeal period, the court says.

However, Nasheed’s lawyers say they believe they have no legal route through which to launch an appeal, and the ex-leader’s only hope for release is a clemency procedure initiated by the president.

The legal team says Nasheed is seeking a political solution involving President Abdulla Yameen, saying he has no faith in the judicial system to treat his case fairly.

Nasheed’s conviction last month was met with outrage from the opposition, which has been holding daily protests, while his trial was heavily criticised by several international bodies.

Late appeals

High Court judges are authorized to accept a late appeal if a “reasonable justification” is given, court media official Ameen Faisal said.

These include the lower court’s failure to provide detailed reports into court proceedings on time, as had happened in Nasheed’s case.

However, a lawyer on Nasheed’s team says there is no legal avenue to file an appeal, because the Supreme Court has removed the High Court’s discretionary power to accept late appeals.

This change was made in the same January ruling that shortened a 90-day appeal period to 10 days, shortly before Nasheed’s trial.

Only President Abdulla Yameen can now resolve the impasse, Nasheed’s lawyer Ibrahim Riffath said. The president can reduce Nasheed’s sentence through special powers granted in the Clemency Act.

In January, the Supreme Court voided Article 42 of the Judicature Act which set out appeal deadlines and gave judges discretionary powers in accepting late appeals.

The 90–180 day appeal period obstructed justice, the Supreme Court said. A new 10-day appeal period was set out, but the apex court was silent on procedures for late appeals.

Riffath said the High Court must now seek the Supreme Court’s instruction before accepting an appeal.

Political solution?

In any case, Nasheed’s team on March 19 announced that the former president desired a political solution and would not seek an appeal, stating he had no faith in the judiciary.

His lawyers believe such an appeal would inevitably fail, because they do not believe the High Court judges to be independent.

Six of the nine High Court judges are to be relocated to two new High Court branches with reduced powers in the north and south. The government-controlled judicial watchdog has not yet decided which judges will be relocated, and the threat of this demotion has silenced the judges, Nasheed’s lawyers believe.

President’s spokesperson Ibrahim Muaz Ali last week suggested President Yameen could consider granting a pardon if Nasheed asked for it, saying the office had not received a letter yet.

But Riffath said the normal clemency procedures do not apply in Nasheed’s case, as the president cannot pardon offences relating to terrorism. However, the president on his own initiative could reduce sentences or postpone them indefinitely under special procedures listed in Article 29 of the Clemency Act.

Article 29 states that the president can reduce sentences depending on the age, health or special circumstances of the convict.

Yameen has so far insisted that the court process is independent from his government and that he is not personally involved.

Daily protests are ongoing across the Maldives, and opposition leaders last Thursday reiterated calls for President Yameen to initiate talks.

The government last week stripped Nasheed of membership of the main opposition Maldivian Democratic Party, by using its parliamentary majority to pass a law banning prisoners from political party membership.

Separately, the ruling PPM has also submitted an amendment to the law on privileges for former presidents stripping any president who resigned – as Nasheed did, although he said it was under duress – from army protection and financial privileges.

Nasheed was convicted in a trial condemned by the UN, Amnesty International and the EU, US and UK over lack of due process. Amnesty called the trial a travesty of justice, while the UN said it made a mockery of the constitution and international treaties.

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Comment: The darkest hour is just before the dawn

Latheefa Ahmed Verall is former President Mohamed Nasheed’s maternal aunt

I was twenty-eight when Maumoon Abdul Gayoom became the president of the Maldives. President Nasir had been demonised and vilified, and a saviour, like a shining beacon of virtue from the deep, ancient bowels of Al- Azhar had appeared. He came in trailing clouds of glory that was Islamic scholarship. I was simply bowled over – to use a phrase that he and I probably share as lovers of cricket!

The year 1978 was an auspicious year for us both. I was expecting my first child; he was starting on his life’s work as the longest ruling dictator of Asia. Our paths never crossed of course because he was in the business of silencing public dissent in a frenzy of torture and authoritarian heavy handedness, while miles away in New Zealand, I was in the business of teaching my students and eventually my own children, the importance of asking the question ‘why’.

I want to talk to you, the readers of this website and also to others in our extremely divided nation, so that you may open your minds enough to listen to the reason why we must never, never give up striving for our rights. Get over the fact that I am [former President Mohamed] Nasheed’s aunt, get over the fact I live over eleven thousand kilometres away. I am 65 years old and smart enough to separate what I want for my nephew and what I want for my country. They are two different things. This is for my country.

For those people who question my right to voice these concerns, I have this to say. My generation in the Maldives had no voice. We did not have the know-how or the belief that we could stand up to what was unfair, corrupt or unjust. Most of us, particularly women, believed that life was about accepting the status quo, being obedient, humble and respectful towards authority and power. That was the world-view we held and we strived to live ’good’ lives within it. We forgot to ask the question why things were the way they were.

When I saw the pictures of Evan Naseem, his dead body beaten and bruised, his hair matted in his own blood, I realised this was an atrocity that had been years in the making. This lack of respect for human life and dignity had its roots years before 2003. My generation had allowed the regime to come to that point of inhumanity because of our impotency and lack of action. I wept as the words, “The only thing necessary for the triumph of evil is for good men to do nothing,” resonated in me. I have never forgotten their significance.

Our impotency came in many guises: we thought bowing down to authority, however unfair, was part of our heritage, we thought it was what our religion demanded of us, we assumed that deference was owed to a ruler simply because he was the ruler and finally we feared that the regime was too powerful to be affected by our concerns.

Today, the imprisonment of Nasheed and the unleashing of the regime’s vendetta on any who disagreed with their Grand Design, are natural progressions for a group of people who had always dealt with problems in a predictable and unimaginative way. They have no answers other than sheer brutality. But now, we the people, no longer find this acceptable. We are no longer prepared to consider it the norm. Those early activists and opposition supporters have helped liberate us all. And all of us working together have finally brought the eyes of the world on the Yameen/Maumoon regime.

[President Abdulla] Yameen, with the same lack of imagination, is following in his brother’s footsteps, and the prisons are once again filling up with their opponents. The events of the last few months scream out the desperation of a group that has once again run out of options: an ex-president jailed by a regime-controlled judiciary who, because of their incompetence and the political pressure of their masters, turned Nasheed’s trial into a farce, a defence minister sentenced for terrorism because of insurmountable differences and divisions in their own dog eat dog cabinet, a predictable falling out with their rich coalition partner who facilitated the regime’s return to power and is currently kept impotent by the threat of financial ruin and finally the country spurned by all freedom loving citizens of the world. Their solution: to move towards a state of emergency because they cannot control the citizenry other than by force.

This mounting opposition to the regime makes it abundantly clear that this is not Nasheed’s fight alone. He is not the only one to suffer brutality and injustice. Under this regime, to various degrees, we have all been within prison walls and we have all suffered from huge injustices. And our fathers, mothers, brothers, uncles, aunts, nieces, nephews and friends have been affected by this cancer that has destroyed the very soul of the country which we hold dear to our hearts.

I am a student of history and I know that in any great struggle between the forces of tradition and modernity or the rights and wellbeing of all people and the greed of the few, the hardest time is when we feel that fortune has taken a dramatic turn for the worse. With Nasheed in prison, the regime in control of the judiciary so that they can dish out their malice willy-nilly, and the police high on testosterone, it may appear that our objectives are all but unattainable.

But life’s great lesson is that this is exactly the time for us to view our achievements and persevere in the face of adversity. The darkest time is always before the dawn. This is the time to have faith in our ability and not give up. This is the time to increase our resolve, increase our determination and increase our action.

Why?

Unlike my generation, today’s Maldivians are not incapacitated by years of tradition and social isolation. The question ‘why’ has been asked. People have dared. And more than that, we have several leaders in prison and this may well be a positive turning point, as for the first time, the eyes of the world are turned on the Maldives as never before. The time is ripe for our action, to actively insist that we do not want a future of brutality and suppression.

The regime believes that by imprisoning Nasheed and other leaders they can curb the move towards democracy and return to the good old days of untrammelled power. But these arrests give all of us the unheralded power to break this regime. We can prove them wrong. They can continue to imprison people, but they cannot suppress an idea. They cannot imprison or beat an ideal.

The time to unhinge this crumbling, ancient relic of a regime is now. This is our time to act.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected].

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