Tag: maldives news

PG appeals MP Adil’s sex abuse case at the High Court

The Prosecutor General’s Office (PG) has appealed MP Hassan Adil’s sexual abuse case at the High Court, after the Criminal Court ruled that the state had failed to present sufficient evidence as per the requirement of Article 47 of the use of Child Sex Abuse (Special Provision)’s Act.

PG officials confirmed to local media that Adil’s case had been submitted to the High Court and the High Court had accepted it.

Police arrested Adil on 4th April 2011 with a court warrant, and on the next day extended his detention period for 15 days. He was later transferred to house arrest.

On June 12 last year the court granted the Prosecutor General (PG)’s permission to hold Adil in house arrest until the trial reached a conclusion.

If the court finds Adil guilty, he would face imprisonment for a period of between 10 to 14 years and would lose his seat in parliament.

Under article 73(c)(3) of the constitution, MPs found guilty of a criminal offence “and sentenced to a term of more than twelve months” would be stripped of their seat.

Police at the time alleged that Adil had sexually abused a 13 year-old girl belonging to a family with whom he was close friends. The family of the victim had raised concerns over the delays in filing the case in court by the Prosecutor General.

MP Hassan Adil was originally elected to the parliament under the ticket of Dr Hassan Saeed’s Dhivehi Qaumee Party (DQP), however he switched allegiance and defected to then ruling Maldivian Democratic Party (MDP).

Following the change of power on February 7, he left the MDP and joined the pro-government Jumhoree Party (JP).

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Comment: Challenges to an infant democracy

The following speech was delivered to India-based think tank, the Observer Research Foundation (ORF) on August 3, 2012.  The original transcript can be read here.

It’s an honour and a great pleasure for me to speak to you at the Observer Research Foundation (ORF), this morning.

As many of you would know the Maldives has recently experienced significant political change. In 2008, we ratified a new constitution, based on the principles of a modern democracy and had the first multi-party election.

This election resulted in a historic change of a 30-year regime. However, despite the change, the aspirations of the people for a more democratic future did not materialize. On top of that just after 3 years into his presidency the new President Mr Nasheed resigned. And now he is challenging the circumstances that led to his resignation and this has created further political disharmony and tensions.

Today, I would like to briefly share with you some of the challenges that the Maldives faces as an infant democracy. None of the challenges will be of great surprise to you. Indeed you have faced very grave challenges yourself.

Today, you have emerged as a mature democracy, making rapid strides in your developmental efforts. This is a source of great inspiration not only to the Maldives, but to all emerging democracies around the world.

Ladies and gentlemen, in a few days the Maldives will celebrate the 4th Anniversary of our new constitution. The process of constitutional enactment in the Maldives included a referendum on the system of government. The people favored a presidential system to a parliamentary system. We all had high hopes for our new constitution, and for a smooth transition from a largely autocratic system to a multi-party democracy.

The new constitution stipulates the separation of powers and for the first time it guaranteed fundamental rights and freedoms. It mandates the formation of independent commissions and other institutions that are vital for a democracy to function well.

The new constitution also introduced the concept of decentralised governance of atolls and islands by elected local councils instead of the traditional presidential appointees. The initial major test for the new constitution was the first multi-party presidential election.

After a strong contest with 6 candidates representing a wide range of Maldivian opinion, that election ended President Gayoom’s 30 years of rule and Mr Mohamed Nasheed, the Maldivian Democratic Party (MDP) candidate, supported by a coalition of other parties was sworn in, on November 11 2008, as the 4th President of the Maldives. However, after just over 3 years into his 5-year term, President Nasheed resigned on 7th February.

As stipulated in the new constitution, the Vice President, Dr Mohamed Waheed Hassan Manik, was then sworn in as the 5th President of the Maldives.

President Nasheed resigned in front of the media accompanied by his cabinet, saying he resigned for the national good. However, the next day he argued that he resigned under duress.

This has created substantial controversy and has led to the establishment of a Commission of National Inquiry to look in to the circumstances of the transfer of power. This has been the subject of a lot of speculation and featured in the media and discussions in India and elsewhere.

As I said earlier the people had high hopes for our new political system. The people expected vast improvements over the previous system of governance; they did not want law and order to be influenced by politics; they wanted the judiciary to be free from political and other influences; they wanted job security in the public sector to be independent from politics; they wanted to see greater transparency in awarding public sector contracts; they wanted a system of local governance where things that are directly related to their welfare to be, by and large, determined by their representatives at the local level; the people wanted a free and fair media; and most of all they wanted their life to be better under the new democratic system.

These aspirations were not met. This was because, the new government on the one hand, did not have the sincerity to see through the democratic process that we adopted. On the other hand there was a tendency to carry out reforms regardless of the means by which those reforms were implemented.

This increased the room for corrupt practices and other inefficiencies resulting from moral hazard. I believe, in lending support to the democratic process, the means of achieving national development objectives is as important as the ends of development themselves.

From the outset, the new government was not sufficiently sensitive to the values of sincerity and patience. It is important to underline the fundamental importance of these values in making the system work. The people need to be reassured that democracy can meet their needs in their day to day lives and serve to fulfill their aspirations for a better future.

If we are to be a successful modern multi-party democracy we need to give the people confidence that the vision and ideals that inspired the 2008 constitution are still relevant.

Let me explain in some detail some of the instances where these important fundamentals were breached by the Nasheed government.

Historians, legal and constitutional experts, and indeed citizens more generally, I’m sure would agree that the establishment and maintenance of the rule of law is a fundamental pillar of democracy.

One of the major challenges that the Maldives faces, even today is maintaining the rule of law. The people were fed up with the earlier system where the executive had a direct influence on the police service and the criminal justice system. The new constitution introduced a very different criminal justice system with a number of safeguards. For instance the establishment of an independent judiciary, and an independent prosecutor general among other measures, were impartial mechanisms to dispense justice.

The parliament had also established an independent Police Integrity Commission, which was important in setting the parameters for these institutions to function within a democratic framework. Where there is no rule of law there cannot be a meaningful or successful democracy. However, Mr Nasheed – when it suited him, totally disregarded this key principle.

A landmark transition towards democracy was the formation of a police service in 2008, accountable to the Home Ministry, ending the decades old system of military having to attend to the policing function as well. Before this positive change, the outgoing government of President Gayoom was blamed for alleged police brutality. This was a key theme of the MDP presidential campaign in 2008.

With Nasheed’s government in place, Maldivians anticipated that the military and police would be freed from any attempt by the government to use them to promote any political agenda or ends. Sadly that assumption proved to be wrong. The police and in some cases even the military were mobilized on many unlawful political tasks, some of which even defied Maldivian Supreme Court rulings.

In any consideration of the events of earlier this year, it should always be remembered that the nationwide protests and demonstrations that lasted 22 days in Male’, leading up to President Nasheed’s resignation was sparked by the unlawful detention and arrest of a Senior Judge of the Criminal Court by the military while President Nasheed was the head of the armed forces.

Therefore, despite important institutional changes, the Nasheed government influenced the police to act in ways that were favourable to MDP. As such, when MDP conducted demonstrations they received preferential treatment, while opposition rallies were summarily dispersed.

Ladies and gentlemen, Let me now turn to a brief consideration of the influence of politics on the civil service. In the Maldives, where the civil service is the single largest employer, any policy that impacts the civil service has an immediate and lasting effect on the welfare of a significant proportion of the workforce.

Prior to the Civil Service Act of 2007, the appointment, dismissal and the setting of remunerations and all other benefits related to them were directly controlled by the President’s Office.

However, with the enactment of the Civil Service Act, an independent Civil Service Commission answerable to the parliament was established with total responsibility to oversee the functioning of the civil service.

Yet, President Nasheed’s government undermined the role of the civil service. Firstly, this was by drastically increasing the number of political appointees, both by making new appointments at executive levels and by registering existing civil service employees as political appointees. This increased the number of public service employees that were directly under the purview of the executive.

Secondly, the president formed public corporations which did not come under the purview of the civil service. This enabled the executive to control large numbers of public sector employees. One example of this was the National Health Service, which was brought under a system of health services corporations and made responsible for providing health services to the community.

This meant that large numbers of civil service employees in the health sector were shifted to the health corporations. This, in turn, meant that a large number of public sector employees were suddenly dependent on the executive for their livelihood. These tactics enabled the executive to exercise undue political influence on a large number of public employees and, in effect, compromised the effectiveness of the Civil Service Act.

Ladies and gentlemen.  One of the positive changes people anticipated as a result of the new constitution was the system of decentralised local governance. However, when the first local council election delivered an overwhelming victory for the opposition the decentralisation process was slowed down by the Nasheed government.

Elected local councils are, by law, empowered to carry out many aspects of governance at the local level, yet with many of the councils having at the time a non MDP majority, the government refused to decentralise power.

Instead former President Nasheed created national administrative centers, accountable just to him. This added an overbearing administrative layer to the existing structure of decentralisation. Such actions were undemocratic, partisan and led to a waste of resources at a financially difficult time.

Another key aspect of a modern democracy was the establishment of an independent media. A free and an independent media, which is often referred to as the fourth pillar of the state, received considerable attention during the process of democratic change in the Maldives.

A free and an independent media provide the necessary checks and balances within the democratic system of governance. This led to the creation of the institutional framework that governed the operation of free media, and created the space for the development of private media, particularly the development of private radio and television for the first time in the Maldives. This also led to the establishment of the concept of an impartial public broadcaster that was essentially free from political influence.

During the 30 year rule of President Gayoom, state media was used largely as a propaganda tool for the regime. This was seen as a very visible example of the absence of democracy in the Maldives at the time. One of the strongest demands when people were calling for democratic reform from 2003 onwards was for a free and independent media.

It should be noted that one of the key points in the MDP’s 2008 manifesto was a pledge to establish a public broadcaster by the parliament. However, when the MDP government came in to power they refused to transfer the assets of the state broadcasting corporation to the new statutory body, the MBC (or, the Maldives Broadcasting Corporation), that was formed as the public broadcaster. The MDP government essentially refused to comply with the legislation simply because the members of the MBC board of directors appointed by parliament was not to their liking.

These, ladies and gentlemen, are some of the key challenges confronting the Maldives as the country faces a new dawn of democracy.

Let me conclude by making a few remarks about the way forward.

The year 2008 saw the beginning of a democratic transition in the Maldives. The enactment of the new constitution was the crucial first step of this transition from an autocratic system to a modern democracy. Enacting the constitution itself however, is not sufficient to establish a functioning modern democracy.

Democratic transition is a process that needs a number of further steps in order for it to be successful. Some of these steps are outlined in the constitution. They include holding the first multi-party presidential election, the establishment of the Supreme Court, holding of the first multi-party parliamentary elections, setting up various independent bodies, holding of the first local council elections and the enactment of various pieces of legislations. Further, it is also important to strengthen the democratic institutions through capacity building.

Some of this work has already been completed. The remaining tasks need to be undertaken and completed over the coming months and years.

As the Maldives heads towards its second presidential elections under our new constitution, much needs to be done to rebuild people’s confidence at this stage of our infant democracy.

To develop such confidence amongst the people the leadership must show commitment and conviction in adhering to the principles of democracy. The leadership must have the courage to see through the process of democratic change.

Unfortunately, the first government under the new democratic constitution did not display the courage and patience to follow the path of democratic governance. As a result it has held up the transition process.

The way forward has been further complicated because of the current political tensions resulting from President Nasheed’s contention that he was forced to resign. This has resulted in further widening the political polarization within Maldives society.

Further, there is a very real fear that the people are getting increasingly frustrated that their aspirations are not being met. And when there is political instability it can undermine economic prosperity which can have a direct impact on the quality of life.

Therefore, it is important to have dialogue among the main stakeholders in order to create stability and reduce political tension. If the parties are unable to reach an amicable solution, meaningful progress in the democratic transition can only happen after the presidential elections due next year.

On a positive note, despite the frustrations, I believe, the peoples aspirations for democratisation has not changed.

We appreciate the continuous engagement by the government of India to facilitate an early resolution to the political stalemate in Maldives, particularly the timely engagement through repeated visits by the Foreign Secretary, His Excellency Mr Ranjan Mathai.

I also commend the important role of the Indian High Commissioner in the Maldives, His Excellency, Mr Mullay, for his dedication and hard work during these trying times. Also I greatly appreciate his efforts to enhance relations between our two countries, sometimes under very difficult circumstances.

The road to democracy is no doubt, long and hard, with many challenges along the way. But through persistence and good will, I’m sure the fruits of democracy will be as sweet as the future is bright.

Ahmed Thasmeen Ali is an MP and leader of the government-aligned Dhivehi Rayithunge Party (DRP).

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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Parliament agrees to extend General Regulations Act in spite of Majlis suspension

Parliament briefly reconvened today despite its ongoing suspension, as both government-aligned and opposition MPs agreed on extending the General Regulations Act until April 2013.

The General Regulations Act – parent legislation for 47 regulations governing a number of government and party political functions – was due to elapse at midnight today creating fears of a potential “legal void”.  This was avoided after the act was renewed with cross party support in a brief Majlis session held following discussions between the country’s key political parties in recent days.

However, the government-aligned Dhivehi Rayythithunge Party (DRP) has said that “no party in the country” stood to gain from the continued political deadlock that saw parliament suspended indefinitely last week amidst forced cancellations.

Despite the Majlis suspension, 48 MPs out of 51 present in the chamber voted in favour of extending the regulations contained in the General Regulations Act during this morning’s session.  The session was concluded with a vote 15 minutes after commencing.

Both Parliamentary Speaker Adbulla Shahid and his deputy, Ahmed Nazim, were not responding to calls by Minivan News at the time of press following today’s vote.

General regulations

The General Regulations Act was passed prior to the adoption of the new constitution on August 7, 2008 as a parent legislation for over 80 regulations without a statutory basis, or were not formulated under an Act of parliament. These included regulations for political parties, freedom of assembly, criminal justice procedures, companies and finance leasing transactions, insurance, jails and parole, freedom of information and building codes.

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

The parent act prolonged the lifespan of the regulations for a one year period until new legislation, such as a Criminal Procedures Act, Evidence Act, Freedom of Information Act and Political Parties Act, could be enacted.

The act provided for further extensions based on recommendations by parliament’s Rules Committee. The last extension was approved in December 2011.

Addressing today’s vote, DRP Deputy Leader Ibrahim Shareef said that the parent act has been renewed every year since the new constitution came into affect to ensure government was able to function correctly – with parliament failing to have to passed certain key legislative requirements.

Despite the approval, Sharref claimed that “any political party” seeking to stall the Majlis from functioning had nothing to gain beyond adding to current public disillusion with the current democratic process in the nation.

“It is not for the good of the nation for any one political party to stall parliament. The parliament must work efficiently, as it is the only place where we as politicians can debate,” he said. “I believe that parliament must find a solution quickly [to the current Majlis deadlock] as there is much disillusion among the public who had believed democracy was designed to solve problems.”

Shareef contended that in the current environment, “many people” in the country appeared to be questioning the direction of democracy in the Maldives.

“I am not sure whether people may have been expecting too much? I wouldn’t like to say. But right now what has democracy brought us? The nation is polarised as it never has been before, where even some families are not speaking due to political divides,” he said.

“Something somewhere appears to have gone terribly wrong with democracy. It is not enhancing welfare or development here.”

When questioned as to the possible solutions to apparent public apathy regarding parliament’s work, Shareef claimed it was the duty of all parties to return to negotiating through the Majlis to try and settle political differences without hindering legislative process.

“All the main parties need to understand that the country is going down the drain right now,” he said. “No one party to stands to gain in the present environment and they need to help find a solution and stop inciting violence, by putting forward an agenda.”

While not naming a specific party, Shareef’s calls to stop “inciting violence”, were made as President Dr Mohamed Waheed Hassan’s government – with whom the DRP serves as part of a coalition government – said is would not not consider reconvening talks with opposition leader, former President Mohamed Nasheed until threats of violence ceased.

Nasheed and the Maldivian Democratic Party (MDP), which represents country’s only elected opposition, said last week it would not rule out halting ongoing protests to facilitate fresh “high-level talks” with its political rivals. However, the party said it would only do so if it obtained  “substantial” commitments from government-aligned parties.

Proposed “Roadmap” talks were launched in February with the stated aim of overcoming the political deadlock resulting from the controversial transfer of power that brought President Dr Mohamed Waheed Hassan into office. Former President Nasheed and his party continue to allege that Waheed came to power in  a “coup d’etat” – and that the government is illegitimate.

MDP MP and Spokesperson Hamid Abdul Ghafoor told Minivan News last week that while the party’s protests which it maintains are “largely peaceful”, were “totally within” the law, it would not be a “big deal” to stop the street demonstrations if it would help secure meaningful talks.

However, Ghafoor claimed that the party was ultimately sceptical over the commitment of government-aligned parties to ensure “substantial” and “worthwhile” dialogue.

“We have always maintained dialogue is the best way to proceed in the current situation,” he claimed. “What we have seen in the last party talks has just been ridiculous demands such as the issues about keeping crows and using black magic. We found out as a party that we are not dealing with serious people.”

The last round of the UN-mediated talks, held at Vice President Waheed Deen’s Bandos Island Resort and Spa in early June, collapsed after parties aligned with the government presented the ousted Maldivian Democratic Party (MDP) with a list of 30 demands.

The list included calls that the MDP “stop practising black magic and sorcery”, “stop the use of sexual and erotic tools”, and “not walk in groups of more than 10”.

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State appeals Hulhumale’ Court’s decision to reject Nasheed case

The Prosecutor General’s Office (PG) has appealed in the High Court a decision by the Hulhumale’ Magistrate Court that it did not have jurisdiction to proceed a case presented to the court against former President Mohamed Nasheed, and former Defense Minister Tholhath Ibrahim and three senior officers of the Maldives National Defence Force (MNDF).

The case was submitted by the PG accusing Nasheed, Tholhath and the MNDF officers of violating article 81 of the Penal Code by detaining Chief Judge of the Criminal Court, Abdulla Mohamed, and “unlawfully arresting a person who hasn’t committed a crime”.

The Nasheed administration had accused the judge of political bias, obstructing police, stalling cases, links with organised crime and “taking the entire criminal justice system in his fist” to protect key figures of the former dictatorship from human rights violations and corruption cases.

Elements of the police and military subsequently mutinied on February 7, alleging that Nasheed’s orders to arrest the judge were unlawful.

Nasheed publicly resigned the same day, but later said he was forced to do so “under duress” in a coup d’état. Judge Abdulla was released on the evening of February 7, and the Criminal Court swiftly issued a warrant for Nasheed’s arrest. Police did not act on the warrant, after international concern quickly mounted.

As well as Nasheed, the Prosecutor General has also pressed the same charges against former Chief of Defense Forces Moosa Ali Jaleel, Brigadier General Ibrahim Mohamed Didi and Colonel Mohamed Ziyad for their role in detaining the judge.

The Hulhumale’ Magistrate Court rejected cases forwarded by the Prosecutor General on July 18 after studying the case and learning that the case was beyond the jurisdictions of the magistrate courts. The PG had forwarded the case to Hulhumale’ because of concerns over a conflict of interest that would exist if it was sent to the criminal court.

‘’We studied the case and we found that we do not have the jurisdiction to deal with the case according to article 66 of the Judicature Act,’’ Hulhumale’ Court Chief Magistrate Moosa Naseem told Minivan News at the time.

Naseem said that the Hulhumale’-based court can only accept the case after the Chief Justice issues a decree in agreement with the Judicial Service Commission (JSC) and the Judicial Council as stated in the article 66[b] of the Judicature Act.

Article 66[b] of the Judicature Act states that “In accordance with Section (a) of this Article, if additions or omission to the jurisdictions stipulated in schedule 5 of this Act has to be carried out, the modification has to be done in agreement with the Judicial Service Commission and the Judicial Council and by a decree issued by the Chief Justice.’’

The Chief Judge was detained by the military, after he had opened the court outside normal hours to order the immediate release of former Justice Minister and current Home Minister and deputy leader of the Dhivehi Quamee Party (DQP), Dr Mohamed Jameel.

On July 25, Deputy Prosecutor General (PG) Hussein Shameem said that Hulhumale’ Magistrate Court does have the jurisdiction to hear the case of former President Mohamed Nasheed over his role in the detention of a Criminal Court Chief Judge.

Shameem contended that should the court maintain its decision against hearing the case, there were few other judicial alternatives in trying to ensure a “fair trial”.

The Civil Court meanwhile recently dismissed a decision by its own watchdog body, the Judicial Service Commission (JSC), to take action against Chief Judge of the Criminal Court Abdullah Mohamed for violating the Judge’s Code of Conduct.

The Civil Court overruled the JSC stating that Judge Abdulla was not given an opportunity to respond to the allegations during the investigation.

According to the decision, providing a chance to submit any complaints after the investigation was completed could not be deemed as an opportunity for the judge to present his defence.

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Police arrest 60 year-old man for stabbing his 30 year-old wife

Police have arrested a 60 year-old man for stabbing his 30 year-old wife on the island of Milandhoo in Shaviyani Atoll.

Shavayani Atoll Milandhoo Health Centre Head Ahmed Shahid today told Minivan News that the woman was brought to the Health Centre at about 11:00am this morning.

According to Shahid the woman was stabbed once and did not suffer major injuries.

“She was discharged from the Health Centre today after being treated for the stab wound,” Shahid said.

“I think the attack came after they had some family issues,” he said, adding that islanders had “always suspected that the man was a drug addict.”

In a statement issued today, police said that the 60 year-old suspect has been held in police custody, and confirmed that he had a previous record of drug abuse.

The Chair of Shaviyani Milandhoo Island Council did not respond to Minivan News at time of press.

Police have not revealed the identity of the man arrested or the victim.

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Resort engaged PR firm to “spruce” govt’s image “on barter basis”: Private Eye

“The toppling of a former political prisoner, human rights campaigner and environmental activist – and the Maldives’ first freely-elected president – in a February coup by an austere, military-backed and increasingly Islamist regime was not the disaster for tourism one might have expected,” writes a Male-based columnist for UK-based current affairs magazine, Private Eye.

“For last July, our soon to be overthrown President Nasheed has sent four bills to parliament, including income and corporate tax legislation. These would have required those earning more than 6,000 in our tourism industry (which accounts for a third of the entire economy) to pay tax for the very first time. Previously our 100 or so resorts had paid a nominal fee for each night a bed was occupied, submitting the details to the government themselves, with no verification.

“Since the coup these bills have been buried and the new government shows no interest in pushing them through. Nasheed was deposed by his deputy Mohamed Waheed Hassan, who joined with Islamists uneasy at the president’s liberal credentials.

“Less well publicised are Waheed’s links to the tourism tycoons. His (unelected) deputy, Waheed Deen, who has never held political office, owns the Bandos Island Resort & Spa. Another Baron, Sonu Shivdasani, owns The Sixth Sense Resorts, a small exclusive chain that boasts the highest eco credentials.

“No fan of Nasheed’s tax proposals, Sonu was keen to help the new administration spruce up its image. In April he e-mailed Britain’s well known PR guru Matthew Freud, saying: ‘I just spoke to President Waheed. He is happy to engage your services (for tourism PR) on a barter basis whereby Reethi Rah and Soneva Fushi would offer accommodation at our resorts in lieu of the barter. Did you manage to speak to Alan Leibman from One and Only?’

“Freud initially appeared thrilled at the prospect of free holidays:  ‘We greatly look forward to working with you and the president.’ But by the time President Waheed had got in on the act later in the month, writing to Freud: ‘We had discussed along with Sonu that a contract will be signed first among SixSenses, One and Only and Matthew to assist us with tourism promotion in the UK. Matthew will send us an outline a proposed activities as discussed’ – the legendary PR guru had developed cold feet: ‘I am sorry that the adverse political climate prevents us from being more directly involved but going to a doctor who will make you sicker is rarely a good idea.'”

Read more

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Government employs Baroness Scotland to challenge legality of “unfair”, “biased” Commonwealth intervention

President Mohamed Waheed’s government spent £75,000 (MVR 1.81 million) on advice from former UK Attorney General and member of the House of Lords, Baroness Patricia Scotland, in a bid to challenge the Commonwealth’s “biased” stance on the Maldives.

The terms of reference document for the contract, obtained by Minivan News, is dated May 28, 2012 and is signed by both Scotland and the Maldives’ Deputy Attorney General, Aishath Bisham.  It also carries the official stamp of the Attorney General’s Office.

The Maldives was suspended from the Commonwealth Ministerial Action Group (CMAG) – the Commonwealth’s democracy and human rights arm – and placed on its formal agenda after former President Mohamed Nasheed alleged that his resignation on February 7 had taken place under duress.  Nasheed contended he was forced out of office amid a mutiny by police and armed forces, orchestrated by former President Maumoon Abdul Gayoom and funded by several local wealthy resort businessmen.

CMAG swiftly challenged the impartiality of the Commission of National Inquiry (CNI) established by incoming President Mohamed Waheed to examine the circumstances of his own succession, and called on Waheed to hold early elections to restore the country’s democratic legitimacy.

After a number of countries – including the UK and EU – backed the Commonwealth’s stance, the government was pressured into reforming the CNI to include a member of Nasheed’s choosing and a retired judge from Singapore, GP Selvam. The reformed Commission is due to publish its findings in late August.

“The Maldives government is of the view that the Maldives has been placed on the [CMAG] agenda unfairly, and there is a general feeling that the Commonwealth and the CMAG view points are biased in favour of President Nasheed’s allegation of a coup,” the Attorney General’s office, stated in the terms of reference.

“The specific output expected from the assignment is a detailed legal opinion on whether the Maldives was unfairly placed on the CMAG agenda and whether this continuation of being on the agenda is unfair,” the document states. “In particular, the consultant will assess whether the CMAG had acted in contravention of its own mandate and powers and had demonstrated bias in their actions.”

The brief also calls for Baroness Scotland to “review the work of the Commonwealth Special Envoy Sir Don McKinnon and the staff of the Commonwealth Secretariat”.

The contract called for Scotland to spend four days in the Maldives to “review all necessary documentation as well as video footage of events that led to the resignation of President Mohamed Nasheed”, as well as meet “all important stakeholders” including the government coalition, “key figures in the opposition MDP”, Speaker of Parliament Abdulla Shahid and his deputy Ahmed Nazim, the Human Rights Commission of the Maldives (HRCM), Elections Commission, CNI, as well as UN Resident Coordinator Andrew Cox.

Both the UN Resident Coordinator and the MDP said they had not had any meeting with Scotland.

“I think I was away on leave at the time, but I am not sure if my office got an approach for a meeting or not,” said Cox.

Elections Commission President Faud Thaufeeq had not responded at time of press.

“We were not even aware of this woman; she never approached us,” said MDP Spokesperson MP Hamid Abdul Ghafoor.

“Now we hear she was in the Maldives, probably staying in a fancy resort with somebody interesting likely footing the bill. I hope the House of Lords looks into this,” he added.

“It is very disturbing that a member of the House of Lords from an 800 year-old democracy would come to a little banana republic to stir up trouble in league with the plotters of a coup d’état.”

Speaking to local television station VTV, President’s Office Spokesperson Abbas Adil Riza denied the allegations.

“It is not true that the government spent 75,000 pounds on a former British attorney general. It is part of the lies that the Maldivian Democratic Party is spreading,” Riza was reported as stating in Haama Daily.

President’s Office Spokesperson Masood Imad meanwhile told Minivan News “I think that case was handled by [President Waheed’s Special Advisor] Dr Hassan Saeed.”

“[Baroness Scotland] did consult with us during the time CMAG was pressuring us, and we sought legal advice as to how to proceed,” Masood added.

Dr Saeed and Attorney General Azima Shukoor had not responded at time of press.

Minivan News is also awaiting a response from the Commonwealth Secretariat.

Finance regulation violation

The leaked document also includes a letter in Dhivehi sent from the Attorney General’s office to Finance Minister Abdulla Jihad requesting authorisation for Baroness Scotland’s “unprecedented work/expense” following her visit to the Maldives.

“There was no contract made. With this letter we ask if attached terms of reference are sufficient as a contract,” the AG’s office writes.

“This is in violation of the Public Finance Regulations of 11 February 2009, especially sections 8.21, 8.22 and 8.34 where consultancy work needs to assigned on the basis of a contract with specific terms agreed on matter listed in section 8.22 of the regulations,” observed former Maldives Foreign Minister, Dr Ahmed Shaheed.

Regulation 8.22 states that any award of work to be done for the government must be assigned after signing a mutually agreed contract, while regulation 8.21, concerning ’emergency work’, states that such shall only be assigned “after signing a mutually agreed contract stipulating the price and quality of work to be done”.

Furthermore, said Dr Shaheed, “a simple reading of the [Commonwealth’s] Millbrook Action Programme (1995) and the augmentation of that at Perth in 2011 will make it clear that CMAG can list countries on its agenda when the Ministers feel there are violations of the constitution. So it is a fairly straightforward, and clearly not worth 75,000 pounds.”

The bill for Baroness Scotland’s legal services comes at a time the Maldives is grappling with a crippling budget deficit of 27 percent, a foreign currency shortage, plummeting investor confidence, spiraling expenditure, and a drop off in foreign aid.

Story breaks in UK press

Baroness Scotland came under fire in the UK press after the story emerged in the Daily Mail. The Mail established that the peer and former Attorney General had not listed the payment from the Maldives on the House of Lords’ register of members’ interests.

“Her entry says she has set up a firm to provide ‘private consultancy services’ but says it is ‘not trading at present’,” the Daily Mail reported.

In a statement, Baroness Scotland confirmed she had been “instructed by the Attorney General of the Maldives to give legal advice”, and slammed the leak of the terms of reference and “all communications passing between myself and the Attorney General, whether written or oral, pertaining to the nature and extent of that advice, as confidential and legally privileged.”

She additionally claimed to have been approached by both the government and the opposition (MDP), and said she had accepted an invitation to chair a roundtable “at which all parties are to be invited.”

“I am a senior barrister with specific expertise in the area of constitutional law, criminal and civil law reform, and am skilled in mediation,” she explained.

Baroness Scotland was previously scrutinised by the UK press in 2009 after she was found to have been employing an illegal immigrant as a housekeeper in her London home.

As the story emerged, MPs from the UK’s Conservative Party – which has long backed Nasheed and the MDP – seized the opportunity to attack the former UK Labour Party Cabinet Minister.

Conservative MP Karen Lumley told the Daily Mail that is was “disgusting that a former British attorney-general should take a well-paid job advising the new regime, which has no democratic mandate. President Nasheed was overthrown in a coup and the Maldives is now very unstable. Many of my friends there have been arrested by the new regime.”

Conservative MP John Glen told the paper that Baroness Scotland should “hang her head in shame”.

“What happened in the Maldives was a military coup,” he said, adding that it was “outrageous” that the former AG should be “advising a regime responsible for ousting a democratically-elected president.”

Former Maldives High Commissioner to the UK, Dr Farahanaz Faizal, described the government’s employment of Baroness Scotland as “absolutely shocking. If the government wanted legal advice to support the AG’s Office, the proper way is to request the UK government bilaterally.”

“To think that someone of her calibre would undertake an assignment to check if Foreign Ministers of Australia, Canada, Bangladesh, Jamaica, and others of CMAG had acted against their mandate is disgraceful,” Dr Faizal said.
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Gasim calls for “jihad” against “Nasheed’s antics”: local media

Leader of the government-aligned Jumhoree Party (JP), resort tycoon MP Gasim Ibrahim, has accusing former President Mohamed Nasheed of leading a “coup” against the Maldivian state, and called for a “jihad” to protect Maldivian society from “Nasheed’s antics”, local media has reported.

Speaking at the JP’s fourth anniversary ceremony yesterday, local newspaper Haveeru reported Gasim as saying the nation had fallen “victim” to Nasheed and his supporters, whom he accused of conducting “terrorist acts”.

“The time has come to undertake a Jihad in the name of Allah to protect our religion, culture and nation. Such a sacrifice must be made to restore peace and stability in the nation,” Gasim was quoted as saying.

MDP Spokesperson, MP Hamid Abdul Ghafoor, claimed Gasim’s calls for “jihad” were of “very serious” concern to the nation.

Gasim’s statement highlighted the “growing jihadist spirit” among senior government politicians linked to former President Maumoon Abdul Gayoom, whom he accused of promoting “extremist hate speech” against their political opposition.

“What we are seeing are some of Gayoom’s generals trying to stoke a jihadist sense of nationalism,” Ghafoor claimed. “This is a product of Gayoom’s rule.”

Gasim was not responding to calls at time of press.

JP Spokesperson Moosa Ramiz meanwhile said he had been asked to forward questions from media to the party’s president, Dr Ibrahim Didi. Dr Didi was not answering calls at time of press.

“Jihadist rhetoric”

Ghafoor contended that politically-motivated calls for “jihad”  had to be taken seriously, given that Gasim was not only a key financier of the December 23 coalition that criticised the Nasheed administration for “un-Islamic” policies such as diplomatic relations with Israel, but also the Vice Chairman of the Maldives Association of Tourism Industry (MATI).

“Gasim is the main financier of the [religiously conservative] Adhaalath Party that came into the MDP’s coalition government [elected in 2008] through him,“ Ghafoor claimed. “We cannot take such comments from him with a grain of salt, given that he was one of the chief thugs of Gayoom’s regime.”

As well as leading the Jumhoree Party, Gasim is both a member of parliament and its representative on the Judicial Services Commission (JSC) – the judicial watchdog recently accused by the UN Human Rights Committee of being “seriously compromised”.

During the Maldives recent defence of its human rights record in Geneva, a panel member also raised the “troubling role of the judiciary at the centre of many of these [recent] developments.”

“The judiciary – which is admittedly in serious need of training and qualifications – is yet seemingly playing a role leading to the falling of governments,” he observed.

Gasim was also accused by the MDP of supporting the Adhaalath Party’s February 2010 protests against new regulations permitting the sale of alcohol and pork to foreign nationals at licensed hotels of more than 100 beds, on islands designated as ‘inhabited’ in the Maldives.

According to customs records for 2011, Gasim’s Villa Hotels chain – including the Royal, Paradise, Sun, and Holiday Island resorts, in 2011 imported approximately 121,234.51 litres of beer, 2048 litres of whiskey, 3684 litres of vodka and 219.96 kilograms of pork sausages, among other commodities restricted to islands classified as ‘uninhabited’ in the Maldives.

Political use of Islam

Ghafoor also raised concerns about rhetoric of present Home Minister Dr Mohamed Jameel, whose Dhivehi Qaumee Party (DQP) this year published a pamphlet whilst in opposition entitled “President Nasheed’s devious plot to destroy the Islamic faith of Maldivians.”

Ghafoor alleged that allegations within the document – denied vehemently by Nasheed, and which leading to the controversial arrest of two senior DQP members including Dr Jameel – amounted to a work of extremist “hate speech”. The repeated dismissal of Dr Jameel’s case by Chief Judge of the Criminal Court, Abdulla Mohamed, and the subsequently arrest and on the judge by Nasheed’s government on charges including political collusion, led to the downfall of the Nasheed administration in a police and military mutiny on February 7.

Ghafoor rejected the JP’s allegations that the MDP’s ongoing protests in the capital during the last few weeks – which have escalated at points into violent confrontations with police – were perceived as “acts of terrorism” by the public.

“This is something [our political opponents] have always thrown at us, to brand the MDP and its supporters as terrorists,” he said. “Though they brand us as un-Islamic, we have won election despite these sort of allegations,” he said. “I would also say that Nasheed has received numerous international awards, including the James Lawson Award for Achievement in the Practice of Nonviolent Action. We are an exemplary case of providing a peaceful political transition despite the country’s coup-ridden past. “

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FAIM’s “Let’s Talk” initiative launches with discussion on sexual harassment and discrimination

When I started inviting people to join the launching session of “Lets Talk” program on Monday night, my expectations for the  turn out were not too unrealistic given the history of people’s poor participation in most social events organised by civil society.

Let’s bring at least 30 people, I told my friends at the Friendship Association of India Maldives (FAIM) ,who backed the concept of “Lets Talk”: a monthly forum with people from diverse backgrounds to have discuss various topics and issues concerning society.

So with the table, chairs, projector and coffee to keep people awake, FAIM was ready at Social Center seminar room, eagerly waiting for its first round of talkers.

As the clock’s hands ticked their way to 9:00pm – the planned starting time – only five or six people had arrived, of which most were the special invitees – officials from Labor Relations Authority, police and immigration. They were prepared to talk and answer any question the  participants had regarding the chosen topic: sexual harassment, abuse and discrimination faced by both local and migrant women working in Maldives.

I panicked. “What if no one comes?” kept dancing through my head. It was indeed a stressful moment.

“Why did you organise it, when people are not coming?” one person asked as I kept ringing the people who had promised to attend the event.

At one point, in a desperate attempt, I almost dragged in a group of women from the gym class next door, but of course they were quite busy with their aerobics.

Fortunately, however some more familiar faces showed. The talkers slowly reached 22. That was fewer than the targeted audience but delighted, I began with the introduction and ice breakers. Soon the participants were all actively engaged in the discussion.

Participants talking at the Let's Talk Forum

Local girls and ladies from Britain, the US, and Holland shared their experiences of being the targets of constant sexual harassment on the streets, and the “helplessness” they felt in such situations.

One female participant asked” “Are we to ignore and just walk away when they call us a “s**y b***h”,”beautiful tits” or ask us “how much?”.

They also complained of lack of police follow up, even after harassment cases were filed.

Though the forum attracted only one talker of Asian descent, the participants unanimously agreed that it was mostly Asian women working in Maldives who bore the brunt of sexual harassment.

A women from the Phillipines working as a resort rep who had talked to me prior to the forum said: “I always get teased on the streets. Mostly by young boys, but old men do it too. They whistle at me, pass comments about my body or ask me “how much”. It’s very difficult to walk on the streets when I know that people think of me as a prostitute. It’s very upsetting.”

Police officers present at the forum acknowledged the “seriousness” of the problems and encouraged the participants to report such incidents, offering assurances that sexual harassment cases would be taken more seriously.

Meanwhile, a more serious concern was raised: the increasing number of migrant women who are being trafficked into the country, exploited by employers, and often forced into sex work.

Responding to the questions on the subject, immigration officers admitted that the lack of legal provisions and non-existence of victim support mechanisms prevented the institution from protecting the rights of those women and other victims of trafficking. The only option was deportation or repatriation.

They explained that institutional efforts were  underway to help victims of trafficking, but without support from the grass-roots level, change was difficult, they said.

“We are witnessing the presence of mass xenophobia in the Maldives. There is a widespread hatred towards foreigners of certain ethnicities. They are not even regarded as human beings,” one officer explained. “We need to educate and create awareness to change people’s attitude.”

Meanwhile, few members from Indian community who participated also highlighted the suffering of Indian expatriates working in Maldives, of whom many are women, and who are being intimidated and exploited by employers.

Their passports are withheld, salaries are not paid and in some circumstances they are not even given the leave to attend the funerals of family members, according to one participant.

Foreign women (and men also) are harassed, mugged and threatened, one Indian participant observed, adding that “if such crimes continue, these women – who are working as nurses, teachers and doctors – will no longer come to the Maldives.”

Despite the low turn out, the honest discussion and sharing of experiences made the soft launch of Lets Talk program a “good start”, if not a success.

UK national Sarah Harvey, who participated in the forum, said: “It was really great that I got the chance to share my own experiences and listen to others as well. Foreign women are facing sexual harassment on a daily basis. It very upsetting and intimidating, and a lot of girls don’t feel comfortable walking down the streets because of it.”

“We are putting effort into adapting to the culture and following appropriate dress codes. I just hope that people recognise that,” the British writer noted.

She also added that foreign women would work in Maldives for longer if they did not keep having these horrible experiences: “It’s one of the major downsides of living here,” she contended.

Marketing director Sanne Wesselman, from Holland, described the forum as “a great effort”, but suggested that “It will take a lot more than these events to raise awareness of the problem.”

Wesselman is right. Following the two-hour long discussions and personal accounts of discrimination and harassment, participants were asked to write one recommended action to solve these problems.

These recommendations included; educating and encouraging a culture of respect for women of all ages and race, and through awareness raising programs, conducting sensitisation program for school students on zero-tolerance of racial discrimination and violence against women and girls. Suggestions also included establishing a helpline for women and girls to report abuse, exploitation and provide counseling advice on request.

Telecasting short advertisements promoting zero-tolerance of harassment and discrimination, hanging posters with such messages in restaurant and streets, and letting respective embassies, high commissions and consulates open safe deposit boxes to keep passports instead of allowing employers to retain the documents were also suggested, among other recommendations.

The Friendship Association of India-Maldives said the recommendations will be forwarded to the Maldivian government through the Indian Embassy, and the NGO will provide support with implementation.

The organisation is meanwhile preparing for its second session of talks, with the hope of attracting a large and diverse group of talkers.

The Friendship Association of India-Maldives (FAIM),is an NGO  jointly run by Indians and Maldivians to build a strong bond between the peoples of India and the Maldives through economic, social & welfare initiatives. Please write to [email protected] to join or support the organisation.

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