Prison officers must not be banned from growing beards, rules Maafushi Court

Maafushi Court has ruled that growing a beard for men in Islam is more than a Sunnah and almost ‘waajib’ (obligatory), after a group of prison officers working for the Department of Penitentiary and Rehabilitation Service (DPRS) filed a case against a requirement that male officers shave off their beards.

Delivering the verdict, Maafushi Court Judge Ibrahim Hussain said that men should not be told to shave their beards ‘’to make them look like women’’. All Prophets, from Adam to Mohamed (PBUH), grew beards, reported Raajjeislam.

‘’While the beard is more than a Sunnah and almost an obligatory thing in Islam, and while some scholars say it is obligatory, no employee in this 100 percent Muslim nation should be forced to shave their beard,’’ the website quoted the judge as saying.

‘’The court hereby orders the DPRS to ensure that no employee is asked to shave their beard.’’

The judge also added that as the Maldives is a 100 percent Muslim nation, no law against the tenets of Islam can be enacted in the Maldives.

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Government doubles third quarter income

The Maldives government has almost doubled state income for the third quarter of 2011, increasing revenue 92 percent on the same quarter last year, according to the Maldives Inland Revenue Authority (MIRA).

Total dollar income for the period, according to MIRA, was US$60.5 million, made up largely of tourism lease payments (31.7 percent) and income from the 3.5 percent Tourism Goods and Services Tax (19.3 percent, or US$11.6 million). That tax is set to increase to six percent next year.

Total state income stands at Rf 3.4 billion for the year so far (US$220 million), according to MIRA.

Presenting the 2012 budget to parliament this week, Finance Minister Ahmed Inaz predicted that altogether, government income was expected to reach a record Rf 9 billion (US$583 million) this year.

Total expenditure out of the 2012 state budget is estimated to be Rf14.6 billion (US$946.8 million), an 18 percent increase from 2011. However the Inaz highlighted that recurrent expenditure was in line with income for the first time in many years, and the deficit was expected to drop to single figures.

Based on current estimates for 2011 the Maldives had recorded economic growth of 7.5 percent, Inaz said, an improvement of 5.6 percent in 2010. Growth was aided by a 21 percent tourism arrivals – the Maldives expects to welcome its millionth visitor for the year.

The introduction of the TGST was particularly significant in 2011 as it revealed that the government had been substantially underestimating the size of the tourism economy, which based on TGST receipts was actually three times larger than previously imagined.

Registration and collection has also gone surprisingly smoothly. Speaking to Minivan News in May, Inaz remarked on willingness of tourism businesses of all sizes to declare and pay the tax.
“The TSGT is being taken from big resorts as well as small guest houses on remote islands – very small businesses. They declare – amazingly, they declare,” he noted.
However despite the large influx of foreign currency into the tourism sector the Maldivian economy remains subject to a ongoing dollar shortage, with most people unable to exchange rufiya into dollars at the official rate of Rf 15.42.

Inaz expressed concern that 47 percent of transactions in the domestic economy were made through other currencies – almost all resorts charge in dollars and bank overseas – and called on the Maldives Monetary Authority (MMA) as the country’s central bank to take measures to enforce the use of rufiya as legal tender.

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MJA concerned over MNBC’s reporting DhiFM to police

Maldives Journalist Association (MJA) has expressed concern that the Maldives National Broadcasting Corporation (MNBC) had taken private radio station DhiFM to police, after DhiFM switched to a live feed of the MNBC One 8:00pm bulletin on November 11.

The MJA said that the decision “might turn the media against each other” and that it would “be more peaceful” to resolve the matter through the Maldives Broadcasting Corporation (MBC).

The MJA noted that DhiFM has apologised to MNBC and said it would “be better to resolve the issue without the police investigating it as a criminal offence.”

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Salaf sends letter to UN, calls for action against Pillay

Religious NGO Jamiyyathul Salaf has sent a letter to the UN Resident Coordinator in the Maldives, alleging that a call from UN Human Rights Commissioner Navi Pillay for a moratorium on flogging was “inhumane and disrespectful.”

In the open letter written in Dhivehi, sent to media today, Salaf claimed that Pillay had challenged the constitution and Islamic Sharia.

Salaf claimed the UN Resident Coordinator was obliged to write an incident report to the concerned person at the UN, “to take action against Pillay and seek a binding agreement that nothing like this will repeated by the UN in the future.”

‘’As the UN is a protected organisation in this muslim nation, it is something you should do to be sincere to the official religion of this nation and to respect the Muslims that serve in the UN,’’ Salaf said in the letter. ‘’If not, Maldivians will be forced to believe that the UN is conducting activities in this country with a hidden agenda to disrupt the peace, disrupt the religion of Islam and to influence civil unrest.’’

Salaf said Pillay’s comments “might change citizens’ perspective of the UN and its services to the Maldives”. The Maldives had a right to inform other Muslim nations of how ‘’dangerous’’ and ‘’scary’’ Pillay is, Salaf said.

‘’Let it be known, be it UN or an international organisation or a powerful country, if anyone acted as Pillay acted and criticised the religion of Islam, we cannot wait without denying it,’’ Salaf’s letter said.

Salaf further accused Pillay of denying the existence of the Maldivian constitution, although a recording of her relevant comment in Thursday’s press conference indicates that this was widely misreported in the Maldivian media. Pillay was responding to the phrasing of a question by Miadhu Editor Gabbe Latheef, and said “I don’t believe you have a constitution, you have a constitution”.

In parliament, Pillay called for a moratorium and debate on flogging as a punishment for fornication, describing it as a form of punishment “that is cruel and demeaning to women, and should have no place in the legal framework of a democratic country.”

She also described the 100 percent Muslim provision in the Maldivian constitution as “discriminatory, and does not comply with international standards.”

In its letter, Salaf claimed that if Pillay was allowed to get away with her statements, this would be “torture of Maldivians”, and warned that the NGO “would be watching” the UN.

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Criminal Court issues Interpol red notice to arrest three suspects in Rf18 million fraud

The Criminal Court has issued an Interpol red notice for the arrest of three suspects involved in a Rf18 million (US$1.1 million) fraud case.

The three men are accused of transferring money to the Bank of Maldives from the State Bank of India joint saving account of the three owners of the motorcycle business ‘Sheesha’.

In a statement, police identified the three suspects as Ibrahim Shahid of Thulhadhoo in Baa Atoll, Mohamed Mustafa of Lhaimagu in Shaviyani Atoll and Mohamed Muthausim of the same island.

Following the incident, the three owners of Sheesha: Ahmed Hassan Manik, Hussain Husham and Ibrahim Husham, met with the press and said that the State Bank of India should take full responsibility for the fraud.

Hussain Husham told the media that the total amount of Rf 18 million was taken in two transactions and that the first transaction was made on November 9 and with the withdrawal of Rf 8.5 Million.

Later on December 20, the culprits withdrew a further Rf 9.5 Million from their account.

Hussain told the press that SBI transferred the money to an account with Bank of Maldives, using a forged document faxed to SBI.

He said the document had the name and signature of Ahmed Hassan Manik, and that the money transferred to Bank of Maldives account had already been withdrawn when they came to know about it.

He also said police arrested one person in connection with the case, but that the court had released him after determining that he was arrested unlawfully.

Husaain said the company had decided to sue the State Bank of India and that they should take full responsibility.

Police Sub-Inspector Ahmed Shiyam said police arrested the head of the group with some documents.

‘’But the court released him and he immediately left the country,’’ Shiyam said. ‘’We have another person held in detention, and we are looking for other three suspects including the person we arrested before.’’

Shiyam said yesterday an Interpol red notice was issued and that police were trying to locate the individuals through Interpol system.

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“Our faith should not be so easily shaken”: President Nasheed

Maldivians should have the self-belief and resolve not to have “our faith shaken by listening to statements or opinions expressed by others”, President Mohamed Nasheed said at a function to confer national awards of honour and recognition on Sunday night.

Nasheed’s remarks followed controversy in the wake of statements made by visiting UN High Commissioner for Human Rights, Navi Pillay, who called for a moratorium and public debate on flogging as a punishment for fornication. Pillay’s statements were widely condemned as an unconstitutional challenge to a Quranic injunction and prompted protests outside the UN building.

“To build a nation, we should all have the courage, the patience and the willingness to exercise our minds to its deepest and broadest extent,” Nasheed said.

Sunday night’s winners of the national awards for honour and recognition were “perfect examples of the strength of one’s faith,” he added.

Recipients of the national award for recognition included Professor Hassan Ugail, a mathematician and computer scientist at the School of Informatics, University of Bradford.

“We should have the courage to be able to listen to and digest what people tell us, what we hear and what we see,” said Nasheed, adding that Maldivians should not be “so easily swayed and conned”.

“For that not to happen, we have to foster in our hearts a particular kind of national spirit and passion,” he continued. “This national spirit is not going to come into being by not listening, not talking and hiding things, [but] by clearly and transparently saying what we think in our hearts, discussing its merits among us and making decisions based on [those debates].”

To achieve nationhood and progress, said Nasheed, a country needs more than development of its infrastructure.

“It is the individual who has to be developed -development is something that happens to a person, a change that happens with the individual,” he said.

Recognising outstanding achievements by individuals and holding them up as role models to the public was a duty of the state, Nasheed said.

He expressed particular gratitude to former Attorney General and human rights lawyer Husnu Suood for legal representation and advocacy on behalf of a number of citizens “during a very dark time” and made note of Professor Ugail’s academic achievements.

Majlis

Meanwhile in parliament yesterday, MP Dr Afrashim Ali, a religious scholar and member of the Progressive Party of Maldives’ (PPM) interim council, proposed a motion without notice to debate Pillay’s address on Thursday as “sufficient measures have not been taken by any state institution regarding this case” and if debate was allowed on any tenet of Islam “tomorrow it is likely that people will question worshiping Almighty God and open the space for discussion on it”.

The floor was opened for a debate on the motion with 41 MPs voting in favour. Maldivian Democratic Party (MDP) MP Ibrahim Rasheed cast the only dissenting vote.

Afrashim noted that under article 27 of the constitution the right to free expression must be exercised “in a manner that is not contrary to any tenet of Islam.”

It was therefore “an indisputable truth that neither Pillay nor anyone else should be given permission to speak or express views contrary to the tenets of Islam within the territory of the Maldives,” he said.

Afrashim argued that Pillay’s remarks constituted a crime under the Religious Unity Act of 1994 and carried a prison term of between two to five years.

Addressing criticism for his role in Thursday’s event, Shahid informed MPs that he did not know of the contents of Pillay’s address in advance and that Dhivehi translations distributed to MPs after the speech were prepared by the UN.

Several MPs however called on the Speaker to issue a public apology.

Afrashim insisted that parliament should have made a public statement condemning the remarks and advised MPs that it was “in the best interest of the nation at this point” to formulate laws banning irreligious speech.

MDP MP ‘Colonel’ Mohamed Nasheed reproached Afrashim for “calling other MPs kafirs (unbelievers)” and “sowing discord for political purposes.”

MPs of the ruling party met the Speaker to express concern after Pillay’s speech, Colonel said, contending that MPs in attendance should not be blamed for her words.

MDP has condemned the remarks and “would not allow a religion other than Islam on this soil,” he said.

Dhivehi Rayyithunge Party (DRP) Leader Ahmed Thasmeen Ali meanwhile joined the chorus of condemnation and concurred that her statements were “unacceptable” and “in violation of the constitution.”

“Yesterday they put up idols, today they talked about religious punishments, tomorrow we’ll be talking about homosexuality and gay marriage the next day. These are things that could happen in a series,” warned Fares-Maathoda MP Ibrahim Muttalib, who recently signed with the Adhaalath Party.

MP Gasim Ibrahim, leader of the Jumhooree Party, claimed Pillay’s remarks were part of the government’s serial efforts to introduce other religions, “build idol temples and weaken our Islamic faith.”

Gasim added that he would have put a stop to Pillay’s address if he had attended Thursday’s function in parliament.

PPM Spokesperson MP Ahmed Mahlouf said the MDP government’s anti-Islamic agenda was evident through such actions as authorising restaurants to serve expatriates during Ramadan, allowing the sale of alcohol at the airport departure terminal and proposing to make Islam and Dhivehi optional subjects at A’ Levels.

“A Muslim said in public for the time in the Maldives that he was not a Muslim,” said Mahlouf. “We believe these things are connected to President Nasheed because he hasn’t come out and directly said anything about it.”

He urged the public to join the protest planned by the NGO coalition for December 23 and “directly overthrow this government.”

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Human trafficking on the rise, warn police

Police have reported a day-by-day increase in human trafficking in the Maldives, pointing to the rising numbers of illegal expatriate workers as evidence of the practice.

So far this year 308 cases have been reported to police involving expatriates leaving their sponsors, and more than 4000 passports belonging to illegal migrants have been found.

On June 11 “a huge number” of expats were brought to the Maldives illegally using forged documents, police said in a statement.

An ongoing police investigation into labour trafficking this year uncovered an industry worth an estimated US$123 million, eclipsing fishing (US$46 million in 2007) as the second greatest contributor of foreign currency to the Maldivian economy after tourism.

The former Bangladeshi High Commissioner to the Maldives, Dr Selina Muhsin, had told police that many Bangladeshi workers were brought to the Maldives through the promise of high salaries and employment, which was not forthcoming, police said.

In today’s statement, police noted that the Maldives still lacked a specific law against human trafficking, but said that enslavement and forced labor was a violation of the constitution. An Anti-Trafficking Act was now being drafted, police observed, and called for a policy of information sharing between concerning institutions, as well as guideline for treating victims.

This year 35 police officers were trained to combat human trafficking and police took part in a workshop held on ‘Integrated Approach to Combating Trafficking in Persons, organised by the International Organisation for Immigration (IMO), the statement said.

During her visit to the Maldives last week, UN High Commissioner on Human Rights Navi Pillay highlighted the plight of expatriate labourers in the Maldives, who make up a third of the population and in many cases have been lured to the country by unscrupulous employment brokers.

“The Minister of Foreign Affairs [Ahmed Naseem] is very aware of the suffering of foreign workers, and agreed that something needs to be done for these people,” Pillay said.

“You can’t have 60,000 people suffering here while performing work for the benefit of Maldivians and the tourism industry, and pretend this is invisible. The media has a role to give these people a voice so they can explain their problems.

“Many of them are trafficked and the little money they earn is exploited. This is of grave concern to me, because people like this are are protected under the UN Convention on Migrant Workers and their Families. I have urged the Maldives to ratify this, and regularise the presence of 60,000 people

“I also call for an end to the stereotyping of these people as a threat and unwanted.”

In July, members of Male’ City Council proposed solutions to “the nuisance and bother of expatriates [congregating] at the Republic Square”.

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High Court invalidates Criminal Court verdict against police officer

The High Court has invalidated the Criminal Court’s ruling on a Police Drug Enforcement Department (DED) Officer.

The officer was accused of asking an inmate to find him two girls between the ages of 16 to 25 to have sex with him three nights from 8:00pm to 1:00am, and that in exchange the inmate was to be freed and the case dropped.

The High Court identified the inmate as Mabaah Waheed of Maafannu Jaina and the police officer as Police Constable Ahmed Ismail.

The Criminal Court had ruled that according to Mabaah’s statements, documents presented to the court and text messages sent to Mabah’s mobile phone warranted enough evidence to suggest claims made by Mabah against Ismail were true.

The High Court however noted that Mabaah was arrested by the police on a drug related matter in a case Ismail investigated, raising the possibility that Mabaah might have a grudge against Ismail and so his statements would be weak.

The High Court said in the ruling that Ismail had argued that evidences and statements given by Mabaah should be invalid because Mabaah was inclined to give false statements as Ismail had not commuted the investigation.

The texts allegedly sent to Mabaah by Ismail requesting for the girls were not tested by any digital analysis system, the High Court said, adding that there was not enough evidence to suggest the texts were really sent by Ismail.

The Court also said that there was no evidence other than the words of Mabaah that the documents, written in English, were given to him by Ismail asking for the two girls.

Delivering the verdict, the High Court said it was hard to believe that a person would give a document making such a request, and that the only evidence that the Prosecutor General has presented to the court was the document  and the text messages on the mobile phone, not enough to prove that the officer was guilty.

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State budget for 2012 submitted to parliament

The state budget for 2012 was submitted to parliament today by Finance Minister Ahmed Inaz with a projected fiscal deficit of 9.7 percent, down from 21 percent in 2009, 16.1 percent in 2010 and 10.1 percent in 2011.

In his introductory statement, Inaz said the programme-based budget was prepared with special focus on producing results and maintaining recurrent expenditure in line with income.

“The programmes included in the budget are based on the Strategic Action Plan,” he explained. “Special attention has been given in the budget programmes to provide adequate and quality service to the public. The government’s aim is to match up the figures in the budget with development plans and ensure that all state expenditure is made to achieve a stated target.”

Steering committees have been formed to oversee the 31 programmes in the budget, Inaz continued, urging MPs to evaluate the progress of implementation over the course of the year.

Total expenditure out of the 2012 state budget is estimated to be Rf14.6 billion (US$946.8 million), representing an 18 percent increase from 2011.

With the enactment of taxation legislation under the government’s economic reform package, revenue is projected to increase 11 percent from 2011 to Rf10.8 billion (US$700 million) next year with tax revenue expected to account for Rf7.3 billion (US$473 million).

The resulting fiscal deficit is to be plugged with Rf1.9 billion (US$123 million) in foreign loan assistance, Rf2 billion (US$129.8 million) forecast as budget support, and Rf750 million (US$48.6 million) from privatisation proceeds and sale of treasury bills and bonds in the domestic market.

Among the programmes that account for the increase in government spending, said Inaz, include a universal health insurance scheme and construction of housing units with foreign loan assistance.

Inaz noted that Rf2.1 billion (US$136 million) was allocated for education – which includes the ‘Hunaru’ training programme, student loan schemes and projects for improving school infrastructure – and Rf100 million (US$6.8 million) as capital investment for health corporations along with Rf20 million (US$1.2 million) for local councils to strengthen the public health sector.

While 44 percent of recurrent expenditure will be spent on salaries and allowances for state employees, Inaz said the wage bill has been reduced as a result of the voluntary redundancy programme conducted this year and the transfer of civil servants to corporatised entities.

State benefits and subsidies meanwhile account for 30 percent of recurrent expenditure followed by 17 percent (Rf120 million or US$7.7 million) on administrative costs.

The government is currently undertaking a review with World Bank assistance to ensure that subsidies are “means-tested and targeted” in 2012, Inaz revealed.

Inaz observed that unlike previous years, state revenue in 2012 will cover recurrent expenditure while deficit spending will be on capital investments.

The Rf3.8 billion (US$246 million) allocated for capital expenditure and net lending in 2012 represents a 43 percent increase from 2011, Inaz noted, adding that “the main reason [for the increase] is the estimated rise in foreign aid and large projects” such as the construction of 500 housing units with loan assistance from the Indian Exim (Export-Import) Bank and 2,500 housing units with loan assistance from the Chinese Exim Bank.

“Although total expenditure will increase as a result of these projects, we believe it is one of the most important projects that should be undertaken right now as resolving the shortage of housing is also the solution to a number of social problems,” Inaz said.

Investment programmes in 2012 fall under two broad categories of climate change and adapation programmes – which includes coastal protection, harbour construction, land reclamation, investments in renewable energy as well as establishing water and sanitation systems – and socio-economic investment programmes such as the housing projects.

Reiterating that the main priority in formulating the budget was to ensure value for money spent in terms of providing services, Inaz however explained that “due to the present structure of the state, Rf32 out of every Rf100 is spent on salaries and benefits, Rf6 is spent on interest payments on loans and Rf13 is spent on administrative costs.”

“After spending Rf27 [out of every Rf100] on capital expenditures, there is just Rf22 left to spent on services that offer direct benefits to the public,” he said, adding that Rf22 out of every Rf100 had to be spent on loan repayments.

2011

As expenditure outstripped revenue by Rf3 billion (US$194.5 million) in the 2011 budget of Rf12.9 billion (US$836 million), Inaz said the deficit was plugged through foreign aid and loan assistance as well as proceeds from privatisation and sale of T-bills and bonds.

Government income is meanwhile expected to reach a record level of Rf9 billion (US$583.6 million) this year.

Based on current estimates, said Inaz, the economy grew by 7.5 percent in 2011 compared to 5.7 percent in 2010. The forecast for economic  growth in 2012 is however 5.5 percent.

On the tourism industry, which accounts for 70 percent of GDP, Inaz said arrivals were expected to have risen 21 percent in 2011 from the previous year.

As of the end of September, tourist arrivals are 17.7 percent higher than 2010.

Although fish catch by volume rose 3.9 percent from 2010 in the first seven months of the year, Inaz said the Maldivian fisheries industry was not expected to improve in the next two years with the continuing decline of fishing in the Indian Ocean.

The introduction of long-line fishing and development of an aqua-culture and mari-culture industry was important to raise productivity, Inaz suggested.

With imports expected to rise in 2012, Inaz said the current account deficit will increase from 26 percent of GDP in 2011 to 28 percent next year.

To plug the widening current account deficit, said Inaz, economic policies in the budget were geared towards increasing exports and growing small and medium-sized businesses.

Inaz explained that the worsening balance of payments was tied to the ballooning fiscal deficit since 2005, which increased local currency in circulation and resulted in an “unstable foreign exchange market” and the creation of a black market for dollars.

In addition to tightening fiscal policy and rationalising expenditures, Inaz said money changers had to be regulated and the use of Maldivian rufiyaa as the legal tender should be enforced.

Expressing concern that 47 percent of transactions in the domestic economy were made through other currencies, the Finance Minister called on the Maldives Monetary Authority (MMA) as the country’s central bank to take measures to enforce the use of rufiyaa as legal tender.

A senior government official meanwhile told Minivan News that the government was still waiting on the income tax bill to be passed by parliament. The proposed tax will apply only to those who earn over Rf 30,000 a month (US$2000).

“It is not significant in terms of revenue, but it is important in terms of governance as it gives us the full picture,” the source said. “It will enable a full system of reporting and close loopholes that allow people to pass off business income as their own.”

The 3.5 percent tourism goods and services tax will be raised to six percent next year.

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