Tag: maldives

Maldives off US State Department trafficking watchlist

The Maldives has been removed from the US State Department’s Tier 2 watch list for human trafficking following the introduction of legislation last December.

This year’s 2014 Trafficking in Persons (TIP) report – regarded as the key global measure of anti-trafficking efforts – sees the Maldives avoid relegation to Tier 3 along with the accompanying sanctions.

“The Government of Maldives does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so,” read the report.

The report – released yesterday (June 20) – saw Venezuela, Malaysia, and Thailand join 20 other countries deemed to be making no significant efforts to reduce trafficking.

Other states on Tier 3 include Zimbabwe, North Korea, Russia, Eritrea, and Saudi Arabia.

While the introduction of the Anti-trafficking Act in the Maldives was lauded, as well as the opening of the Maldives’ first shelter for trafficking victims and the first conviction for the offence, the report made a number of recommendations for further improvement.

“Serious problems in anti-trafficking law enforcement and victim protection remained,” said the TIP report, which noted that an unknown number of the approximately 200,000 expatriate workers in the country experienced forced labour.

Among the advice given in the report was the development of guidelines for public officials to “proactively identify” victims, noting that thousands of migrants have been deported recently without adequate screening for indications of trafficking.

A voluntary repatriation programme started last December for undocumented workers, while the government has pledged to detain and deport all undocumented workers in the capital Malé over the coming months.

The report called for greater efforts to ensure victims are not penalised for acts committed as a result of being trafficked as well as a systematic procedures for referring victims to care providers.

Recruitment and prosecution

It was noted that the newly introduced legislation made progress towards victim protection – including health care, shelter, counselling, and translation services, in addition to a 90-day in which victims can decide whether to assist authorities in criminal cases.

However, the report’s researchers observed that “victims were often afraid of making statements to the police because they did not believe effective action would be taken on their behalf.”

Blacklisted recruitment agencies – who often recruit migrant workers for up to US$4000 for non-existent jobs – often re-emerged under different names, the report explained.

A government report in 2011 revealed human trafficking to be the Maldives’ second most lucrative industry after tourism – worth an estimated US$ 123 million a year

“Observers reported that Maldivian firms could recruit large numbers of workers without authorities verifying the need for the number requested; this led to an oversupply of workers,” said the State Department report.

Minister of Defence and National Security Mohamed Nazim – also in charge of the Immigration Department – has previously announced that, within twelve months, recruitment quotas will only be issued to agencies rather than individuals.

Immigration Controller Hassan Ali was unavailable for comment at the time of publication.

It was also noted in the US report that authorities had again failed to criminally prosecute any labour recruitment agents or firms for fraudulent practices.

“Passport confiscation was a rampant practice by private employers and government ministries, who withheld the passports of foreign employees and victim witnesses in trafficking prosecutions the government did not prosecute any employers or officials for this offence.”

Furthermore, the State Department received reports of organised crime groups – some of whom were said to run prostitution rings – receiving political support.

Yesterday’s report also reiterated suggestions previously given to Minivan News by government officials regarding the disruption caused by the transfer of anti-trafficking efforts to the Ministry of Youth and Sports.

Questions over the state’s ability to implement the landmark legislation were evident throughout the Maldives country profile, as was the law’s failure to distinguish between smuggling and trafficking.

“Observers noted that trafficking-specific training was needed government-wide, especially for investigators, prosecutors and judges,” read the report.

The report’s final recommendation was that the Maldives acced to the UN Trafficking in Persons Protocol which supplements the 2000 Convention against Transnational Organised Crime.

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Settling disputes – The Weekly Review

June 14th – 20th

The government’s legal and political tussles grabbed headlines this week, with past, present, and future disputes all making the news.

This week’s biggest story came courtesy of spurned Indian infrastructure giant GMR, who revealed a Singapore arbitration court had deemed their terminated airport development deal “valid and binding”.

Being requested to pay US$4 million in procedural costs while the court determines the amount owed to GMR, the government interpreted the outcome as a success, predicting that the damages owed would be far less than the US$1.4 billion sought.

After the issue of a warrant to enforce the appearance of Home Minister Umar Naseer at his disobedience to order trial, the minister appeared at the Criminal Court of his own volition upon his return from his official trip to Europe.

Naseer promptly refused to cooperate with the trial until his procedural objection – already rejected by the judge – had been appealed.

The government’s disputes in the political arena also continued this week, with ejected coalition partner, the Jumhooree Party (JP), striking a conciliatory tone after the recent break-up.

The JP maintained that the coalition agreement had not been breached, while the party continued to haemorrhage members to its former ally the Progressive Party of Maldives – the economic development minister and two more MPs being the latest to switch allegiance.

The Progressive Coalition’s fast-growing majority in the Majlis resulted in what the Maldivian Democratic Party (MDP) interpreted as excessive representation in the Majlis’ standing committees, leading to the cancellation of sittings and threat of street action.

While taking pains to distance his party from such maneouvres, MDP leader Mohamed Nasheed suggested President Abdulla Yameen’s fate would likely be the same as his – predicting his eventual removal in a future coup.

Brigadier General Ahmed Nilam this week submitted a case to the Human Rights Commision, suggesting his suspension and subsequent dismissal were linked to the events of Nasheed’s chaotic departure from office in February 2012.

The second UNDP Human Development Index report raised questions as to how equitably economic growth was being distributed, with research revealing glaring disparities opening up between progress in the capital and the atolls.

Phase two of expansion of Malé’s suburbs continued regardless, with a US$50 million dredging contract awarded to a Belgian company for phase two of the Hulhumalé expansion project.

Despite expressing continued reservations about the Maldives’ public account imbalances, the World Bank this week anticipated continued development of the economy with 4.5 percent GDP growth predicted.

Meanwhile, Hope for Women this week predicted unwelcome growth in the workload of female civil servants during Ramadan after the alteration of working hours for the month of fasting.

The World Cup in Brazil – for which the government has already allowed extended trading hours – was suggested as a possible reason for the adjusted working times, though the President’s Office maintained that the change was intended to facilitate late night prayers.

This week also saw the Islamic Ministry hold a closed conference with scholars to discuss reports of Maldivian jihadis journeying to Syria, while Foreign Minister Dunya Maumoon called on the Umma to assess the persistent association with terrorism and intolerance.

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CSC statistics show 40 percent of civil servants paid less than MVR 5000

Statistics published by the Civil Service Commission (CSC) shows an estimated 40 percent of civil servants are paid less than MVR 4999 (US$ 324).

Of the 24,742 civil servants, 9,914 are paid up to MVR 4999, while the large majority (14,380) are paid between MVR 5000 and MVR 9999 (US$ 648).

Only 373 civil servants are paid between MVR 10,000 and MVR 14,999 while only 75 are paid above MVR 15,000 (972).

A majority of civil servants are employed in administrative work (7,495) and as teachers (7,036).

The Education Ministry and Health Ministry employ the largest number of employees at 9,860 and 7,405 respectively.

Statistics also show women outnumber women in the civil service. There are 11,655 women and 8,858 men.

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Government will honor arbitration verdict, says attorney general

President Abdulla Yameen’s administration will honor a Singaporean tribunal’s ruling on compensation owed to Indian infrastructure GMR for the terminated airport development deal in order to uphold investor confidence, Attorney General Mohamed Anil said.

The Rt Hon Lord Hoffman’s Tribunal on Wednesday found the contract termination to be wrongful and ordered the Maldives government and Maldives Airports Company Pvt Ltd (MACL) to compensate GMR for losses.

The exact figure is to be set in the next phase of arbitration.

Speaking to reporters this morning, Anil said he is certain the figure will not amount to GMR’s initial claim of US$ 1.4 billion – the figure eclipses the country’s annual budget.

“According to the agreement, [we] mostly have to compensate for the investments made. We said we do not have to pay the amount GMR has claimed. We always said we will have to pay compensation, and that this compensation has to come through the agreement,” explained the AG.

“That is why the compensation amount has been limited. This amount will not go up to the US$1.4 billion GMR is claiming,” Anil said.

He called the limitation of damages a success for the government of Maldives.

In April, Yameen predicted GMR would only be owed US$300 million in compensation.

Minivan News understands the concession agreement allows MACL to terminate the agreement for reasons of public interest and imposes a cap on losses.

A lawyer familiar with the case said the government must thank the Maldivian Democratic Party (MDP) – under which the GMR won the concession – for its foresight in inserting the clause.

The lawyer further said that the government had chosen to terminate the agreement “in the worst possible way” despite the existence of provisions for lawful termination.

“And in the process, it affected foreign investor confidence in the Maldives, the country’s reputation and it strained our relationship with India,” he added.

GMR won the 25-year concession agreement to develop and manage Ibrahim Nasir International Airport under former President Mohamed Nasheed. The US$ 511 million deal was the country’s single largest foreign investment.

The opposition at the time attacked the deal as part of a vitriolic anti- government campaign, which eventually led to Nasheed’s ouster in February 2012.

In December 2012, new President Dr Mohamed Waheed declared the agreement void ab intio – or invalid from the outset – and gave GMR seven days to leave.

The agreement’s abrupt termination saw cooling of relations with neighbor India and questions regarding foreign investor confidence in the Maldives – issues Yameen has sought to address since his election in November.

The World Bank in December said GMR compensation will place severe pressure on the country’s already “critically low” foreign reserves.

As of April 2014, the Maldives’ gross foreign reserve stood at US$ 434.8 million. Meanwhile, the total outstanding external debt at the end of 2013 stood at US$ 793.6 million dollars. Debt amounts to 34.6 percent of the country’s GDP.

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GMR wins arbitration case, tribunal deems airport deal was “valid and binding”

Additional reporting by Zaheena Rasheed

Indian infrastructure giant GMR has won its arbitration case against the Government of Maldives (GoM) for the premature termination of its airport development agreement in 2012.

In a letter sent to the Bombay Stock Exchange, the company explained that the tribunal has said the 18 month tribunal found the agreement to have been “valid and binding”.

“GoM and MACL [Maldives Airports Company Ltd] are joint and severally liable in damages to GMIAL for loss caused by wrongful repudiation of the agreement as per the concession agreement,” read today’s letter.

“It has always been our firm belief that the cancellation of our  concession agreement amounted to wrongful repudiation by the Government of Maldives and the Tribunal has upheld this standard,” wrote GMR Company Secretary C.P. Sounderarajan.

The determining of liability – the first of two phases of arbitration – will now be followed by the determining of compensation owed, with the Indian company seeking US$1.4billion – a figure which exceeds the Maldives annual budget.

Current Attorney General Mohamed Anil has recently expressed his belief that the government was liable only for GMR’s initial outlay of US$78million, plus any costs for construction work completed after the 2010 deal was agreed.

The President’s Office has said that the attorney general will provide a briefing on the case later today.

With the compensation fee yet to be decided, the impact of the tribunal’s decision is still unclear, although the World Bank has previously noted that it would place severe pressure on the country’s already “critically low” foreign reserves.

Hamid Abdul Ghafoor, spokesman for the opposition Maldivian Democratic Party  – under whose tenure the deal was brokered has described the decision as a “major breakthrough”.

Void ab initio?

As well as ordering the Maldives to pay GMR’s Malé International Airport Limited (GMIAL), US$4 million within 42 days for cost of proceedings, GMR have revealed further details of the award.

According to GMR the private arbitration proceedings – disclosed in line with its regulatory requirements – deemed the deal “not void for any mistake of law or discharged by frustration”.

The decision to cancel the deal was made in November 2012 by the administration of President Dr Mohamed Waheed, with then Attorney General Azima Shukoor declaring the deal void ab initio – meaning that the contract was invalid from the outset.

Shukoor further cited English contract law of ‘frustration’, which acts as a device to set aside contracts where an unforeseen event either renders contractual obligations impossible, or radically changes the party’s principal purpose for entering into the contract.

GMR have today revealed the tribunal’s finding that the collection of Airport Development Charge and Insurance Surcharge – contentious points preceding the contracts termination – to have been lawful under Maldivian law.

The US$511 million agreement to develop Ibrahim Nasir International Airport (INIA) – signed during the tenure of former President Mohamed Nasheed – represented the largest foreign direct investment in the Maldives history.

Legal and political wrangling regarding the deal began before GMR had even assumed management of the airport, however, with the then opposition attacking the deal as part of an increasingly fervent anti-government movement which would eventually lead to the controversial resignation of Nasheed in February 2012.

Concession and compensation

The previous December a case filed in the Civil Court  by opposition parties ruled that the Airport Development Charge – key to the agreement’s financial viability – was deemed illegal.

Following the ruling, the Nasheed government reached an agreement with GMR to deduct the lost revenue – anticipated to have been US$25 million per year –  from concession payments owed to the government.

This decision resulted in further tensions after the fall of the Nasheed government, with GMR contract’s detractors – now in office –receiving a series of bills as the lost ADC revenue eclipsed any concession payments owed.

The ADC matter was subsequently referred to the Singapore arbitration court – as agreed in the initial concession agreement – while senior figures in the government pleaded with Indian PM Manmohan Singh to cancel the agreement, citing growing anti-Indian sentiment in the country.

In today’s letter, GMR revealed that the tribunal had ruled both the charge, and the subsequent adjustment was also “lawful and binding on MACL and GoM”.

The termination of the contract was accompanied by a cooling of relations with neighbour India as well as questions regarding foreign investor confidence in the Maldives – both issues that incumbent President Abdulla Yameen has sought to address since his election in November.

Future investment

Yameen – whose Progressive Party of Maldives has distanced itself from termination of the GMR deal, despite being the largest party in the coalition government at the time –  has pledged to create an environment conducive to further foreign investment.

As well as introducing plans for special economic zones within the country, Yameen’s government has embarked on a drive for foreign investors – suggesting that even GMR would be welcomed back to work on new projects.

“We are going to open up the Maldives in a huge way to foreign investors. Our thirst cannot be quenched. The opportunity to foreign investors is going to be enormous,” said the president in April.

Projects outlined at a landmark Singapore Investment Forum included the further development of Malé International Airport, though Yameen has said that overall management would remain in Maldivian hands due to its national commercial and security importance.

New plans for redevelopment of the airport will include foreign investors – an issue that continues to cause controversy – under the management of the state-owned MACL.

MDP Spokesman Hamid today suggested that the tribunal’s decision would deter further investment and foreign financing in the Maldives and – depending on the compensation amount – could result in the state’s bankruptcy.

Hamid reiterated his party’s recent calls for GMR’s reinstatement, stating the the MDP would be considering further legal action following the tribunal’s decision.

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Foreign minister calls for Muslim self-assesment over negative image of Islam

Minister of Foreign Affairs Dunya Maumoon has called for a thorough self-assessment to identify the reason Islam is being associated with intolerance, terrorism, violence, and backwardness.

Speaking at the 41st session of the Council of Foreign Ministers of the Organisation of Islamic Cooperation (OIC), Dunya suggested that although Muslims could blame the West and Western media, Muslim societies must make a self-assessment as to why Islam is being tarnished by images linked to terrorism.

“Muslims were once the pioneers of science and technology. Today, we have to accept the reality that Muslim societies are on the brink of falling into an abyss for creativity,” said the foreign minister in Jeddah.

“It is beyond imagination, or within the realm of belief, to think that we can overcome these dark times? Let us recommit ourselves to work together to overcome our challenges. United and strong we can once again become the standard bearers of tolerance and innovation,” she said.

Condemning Islamophobia, Dunya also argued that the chaos seen in the Muslim world today is a result of not exercising true Islamic ideals.

“Islamic principles and values of justice and equality of all humans, and the right of citizens in having a say and a stake in their governments is well in line with modern democratic values,” she said.

Urging the OIC to unite in support for democratic change around the world and in Islamic societies, Dunya said Maldives was an emerging democracy that is striving to advance its democratic institutions and to cherish the values of Islam.

Stating that Islam emphasises the equal rights and responsibilities of men and women, she called on the OIC to work to protect, safeguard, and guarantee the rights of Muslim women around the world.

Concern over the ‘tarnished image of Islam’ was also highlighted in OIC Secretary General Iyad Ameen Madani’s statement.

He called on ‘European leaders’ to reflect internally “before accusing Islam of racism, Nazism and committing massacres against others” and called for the rights of Muslim minorities around the world.

“The Organization of Islamic Cooperation condemns terrorism wherever it is and confirms, as in all international agreements and resolutions in this regard, that terrorism has no religion, nationality, doctrine, color, or race,” said Madani

“It is rather a phenomenon that should be combatted and addressed wherever it is and whatever its source may be. Accordingly, the Organisation of Islamic Cooperation rejects and condemns any attempt to render terrorism equivalent to Islam, a religion espoused by more than two billion people throughout the world.”

Madani noted that terrorism, religious, and sectarian extremism, and the rights of Muslim minorities outside the Muslim World were primary concerns of the OIC.

Concepts of human rights, the rights of women and children, and religious practice were also listed a key interests of the group.

A statement from the UN Secretary General Ban Ki-moon was also delivered yesterday at the conference, in which he commented on issues faced by Muslim communities around the world, particularly in Myanmar, Mali, Central African Republic, Syria, Palestine and Iraq.

Stating that a humanitarian crisis is quickly unfolding in Iraq, Ban Ki-moon called for a national security plan against terrorist threats, saying that OIC members can play a key role in creating a positive and enabling environment for a national dialogue in Iraq.

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Women’s rights NGO criticises altered Ramadan work hours

Women’s rights NGO Hope for Women has criticised the altered working hours this Ramadan, stating the decision was made without consideration as to how it would impact women working in public service.

“In the Maldivian society, domestic responsibilities typically fall on women, with added work during the month of Ramadan for the preparation of the meals for the family in time for breaking fast,” said the NGO.

“Therefore, we believe that the decision regarding the Ramadan working hours have been made without giving consideration to how it would impact women working in public service.”

The President’s Office today announced the working hours at government offices for Ramadan and the seven days of Eid al Fitr, which will be from 10am til 2:30pm.

While it is usual for the government to reduce work hours every Ramadan, this year’s timings are one hour later than previous years.

Hope for Women, highlighting recent reports that the number of women working in the civil service is twelve percent more than men, and said that finishing work late would impact women negatively as the domestic responsibility of preparing food for breaking the fast at sunset falls on women in the Maldivian society.

A recent election observation report from an observer mission noted that women continued to face multiple barriers to participation in public life, leading to acute under-representation in the public and political spheres.

The average time for sunset and breaking the fast this Ramadan is at 6:20pm.

Hope for women also suggested the government’s decision was influenced by the late hour football matches of the ongoing World Cup tournament which it claims is causing many government employs to attend work late.

The massive popularity of the tournament has already prompted the government to relax previous opening times for local cafes in order for people to watch the matches, which currently conclude at around 5am.

Speaking to Haveeru, spokesperson to the President Ibrahim Muaz assured the decision has no connection to the World Cup, saying that it had been made to allow people to spend more late hours in worship.

Even if might upset some workers, the government’s decision was made after considering everyone’s convenience.

The Ministry of Education has, meanwhile, reduced school times to three hours during Ramadan.

Single session Schools will hold classes in the morning from 9am until 12pm, while schools with two sessions will hold classes from 8:30am til 11:30am and from 11:45am until 3pm – with an extra 15 minutes for noon prayers.

The ministry has also informed all schools to make arrangements for students to pray at schools and not to conduct any school activity at night in a way which could interfere with religious activities such as obligatory prayers, optional prayers, and religious preaching

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INIA passes inspection to remain part of EU supply chain

Ibrahim Nasir International Airport (INIA) has been awarded ‘Regulated Agent from a third country’ status (RA3) by the EU, meaning that it can continue to act as part of the supply chain for imports into the European Union.

RA3 three status means that INIA will be able to continue to receive air cargo en route to the EU after July 1st, when new regulations will require all EU cargo to be transported through an EU validated supply chain.

The new EU procedures follow the October 2010 attempt to sabotage two planes travelling to the EU from Yemen.

“This is a huge milestone achieved as Maldives exports tons of Cargo EU countries every month,” read an MACL press release.

A small ceremony was held at the cargo department today after a three day validation process. The official report was handed over to MACL Managing Director Ibrahim Saleem by the EU aviation validator Sander De Man.

“MACL has brought major infrastructure changes to the cargo facility and had done mandatory trainings to adhere to the EU required standard,” added today’s press release.

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‘Fete de la Musique’ in Malé this Saturday

The Alliance Francais will hold its annual music festival – the ‘Fete de la Musique’ – in Malé this Saturday (June 21).

The free event, first held in 1982 both amateur and professional musicians to perform, is celebrate in over 100 countries around the world on the same day.

French indie pop duo Bel Plaine will be appearing alongside local artists Project Sasquatch, Scarlet Rite, and Mixmaster Iguana in Malé City Hall on Majeedhee Magu between 9pm and midnight.

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