Tag: maldives

Government proposes amendments to old laws to ensure protection of rights

The Maldives government has proposed amending laws enacted under the country’s outdated constitution in order to ensure rights guaranteed by the current constitution are enshrined in old laws.

A bill has been introduced to amend the Immigration Act of 2007 to limit the period for which state institutions can withhold a individual’s passport without a court order to twenty four hours from the currently stated seven days.

Article 48 (d) of the current Constitution forbids detention of a person for more than twenty four hours without being brought before a judge who will decide if the detention could be extended.

It was also proposed that the Controller of Immigration and Emigration should be allowed to withhold passports based on orders from all investigative bodies of the state.

The current version of the Act states that the Controller can only withhold a passport based on court warrants, verdicts and orders from “government institutions authorized to make arrests under the General Laws Act.”

If passed, this amendment will allow independent state institutions such as the Anti Corruption Commission to ask the Controller to withhold passports.

Other major changes proposed to the Immigration Act include removing references to a 1968 law titled ‘Some General Laws’ (4/68) from the Immigration Act. The law allows detention of a person on suspicion of disobeying laws and for security and safety for any period of time by the Ministry of Defence and National Security and the Ministry of Home Affairs if in Malé area and (now abolished) Ministry of Atolls if on other islands.

The government states the law contradicts several articles of the Constitution, particularly those regarding the rights of the detained.

The 1978 “Procedure for detentions exceeding seven days act”  has been put up for annulment for the same reason, as it allows detaining people for periods exceeding seven or more days without authorization from a Judge.

The government has also proposed annulling the 1990 “Law on determining the salaries of the People’s Majlis and the People’s Special Majlis.” The one- line law is no longer of use as the Constitution already authorizes the Majlis to determine their own salary.

The government also proposed an amendment to the “Protection of Child Rights Act” of 1991 to include universal education up to middle school for all children.

The current Act only requires government to provide education “to the extent which the economy of Maldives and the resources of the government allows.” Further, instead of universal education without discrimination, it states that education must be provided for all “in a way that is relevant for each Island”.

Article 26 of the Constitution guarantees universal education for everyone without any discrimination and requires the state to provide free primary and secondary level education.

However, while the amendment to the act requires the state to teach obedience to Islam and instilling love for Islam as outlined in the constitution, it has excluded “fostering respect for human rights and promoting understanding, tolerance and friendship among all people” mentioned in the same article of the constitution.

Attorney General Mohamed Anil yesterday said the government will be sending a total of 51 bills to the current session of the newly elected People’s Majlis where the ruling Progressive Party of the Maldives holds a majority.

Speaking to Haveeru he said that 19 of these bills have already been forwarded to the Majlis, and said he hopes to send eleven more bills within the month.

The highest priorities of the legislative agenda will be formulating bills required for implementing the PPM manifesto, he has also said.

The scope of the government’s legislative agenda includes  207 bill comprising 98 new bills and 109 amendments to existing laws.

A bill on establishing special economic zones (SEZ) designed to attract foreign investments was recently proposed by the government.

Anil today revealed that  an interim Criminal Procedure will also be proposed shortly.

Speaking to Haveeru, Anil said it is very important to have an interim Criminal Procedure Act which could complement the recently ratified revised Penal Code which is to come in to force in April 2015.

Anil said he feared that the long-term Criminal Procedure bill may be delayed in the parliament as it “has many issues” and would generate a lot of debate in the parliament.

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Man sentenced to 14 years in jail for molesting a 16 year old boy

The Criminal Court has sentenced a man to 14 years in jail for molesting a 16-year-old boy.

Ahmed Ibrahim, 38, of Lhaviyani Atoll Naifaru Island, was caught in a Malé City guesthouse with the boy in September 2012.

The Maldives Police Services say Ibrahim has a previous record of homosexuality and child abuse.

In 2002, Ibrahim was sentenced to nine months banishment and 15 lashes in public for homosexuality, the police said. While serving his sentence on Alif Alif Atoll Thoddoo Island, Ibrahim was caught sexually abusing another 16-year-old boy.

In 2009, Ibrahim was again accused of molesting two male minors in Malé, police said.

Reports of child abuse, especially that of young boys, have dramatically increased over the past few years.

According to police statistics, 220 sexual offenses cases, a majority of which involves child abuse, have been reported this year. In 2013, 573 cases were reported.

Although the rise in reported cases may represent a greater willingness to report child abuse, the Human Rights Commission Commission has suggested child abuse incidents are on the rise this year and has urged parents to be more alert.

“I believe it is not merely an increase in reporting, I think it is becoming more common. During our trips to twenty two islands around the country for our ongoing National Inquiry on Access to Education for Children with Disabilities, almost in all islands there were cases of physical, mental and sexual abuse of children,” HRCM Vice President Ahmed Tholal told Minivan News in April.

State Minister for Health Dr Aishath Ramila told local media in April that the ministry has failed to compile a legally mandated Sex Offenders Registry due to lack of access to criminal records.

“Even if we look at other countries, an Offenders Registry is always with the Police of the country. This is because all the criminal records of the offenders are within the police database. Gender ministry will not have their criminal records,” Ramila said.

“Will the register be maintained by us or the police? I think this is the first decision that we need to make”, she added.

She also said the Health Ministry does not have the resources to compile and maintain the registry.

A 51-year-old Indian national was arrested for sexually abusing an 11-year-old boy in Faafu Atoll Feeali Island in April.

In January, the Ungoofaaru Magistrate Court in Raa Atoll sentenced a 51-year-old man to 10 years for sexually abusing a 14-year-old boy multiple times.

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Home Minister fails to attend court, leaves on official trip to source sniffer dogs, body scanners

Minister of Home Affairs Umar Naseer has failed to attend a second court hearing into charges of disobedience to order.

The Home Ministry has reported Naseer left the country last night on an official trip to the Netherlands to source sniffer dogs and body scanner machines for airport security purposes.

Naseer is accused of calling for 2,000 volunteers to storm the Maldives National Defence Force (MNDF) headquarters with 50 ladders on January 23, 2012 during two weeks of protests following the military’s controversial detention of Criminal Court Chief Judge Abdulla Mohamed.

Judge Abdulla Didi, who is presiding over Naseer’s case, warned action will be taken against the minister if he fails to attend the next hearing of the case, scheduled to be held on Thursday, June 12.

“I sincerely appeal to you not to force us to have the minister placed under detention and presented to court,” Abdulla Didi said to Naseer’s lawyer, Adam Asif, in court today.

The Home Ministry, however, said it had notified the court in advance that Naseer will be out of the country from June 9 to June 16. The Criminal Court has rescheduled hearings in previous cases if any of the parties are unable to attend.

But the judge stated that Naseer had gone abroad previously on an official trip after receiving summons for the last scheduled hearing.

Although the Home Ministry had sent letters notifying the court of Naseer’s absence from the capital in advance, Judge Didi said he did not accept the justification.

Today’s hearing had been scheduled after the Home Ministry had assured that Naseer will be in Male’ from June 8, Didi said adding that he did not accept Naseer’s absence for an official trip as a sufficient reason for a second absence.

The Home Ministry’s official website has issued statement saying that Naseer will be in the Netherlands until June 16 on an official trip.

During the trip, he will be meeting with OD Security – a company which builds body scanners to combat drugs and terrorism, and the K10 Working Dogs – a canine supplier for global government agencies.

Naseer is also scheduled to visit Abu Dhabi on the trip, where he will be meeting with the United Arab Emirates Minister of Interior Lt General Sheikh Saif Bin Zayed Al Nahyan.

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President appoints Deputy Minister of Education

President Abdulla Yameen has on Tuesday appointed Abdulla Nazim Ibrahim of Bodufendaage from the island of Hinnavaru in Lhaviyani Atoll to the post of Deputy Minister of Education.

The Education Ministry currently has two state ministers and six other deputy ministers.

The current government has a total of 16 cabinet ministers, 5 other appointees at ministerial rank, 30 state ministers and 60 deputy ministers.

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Government signs agreement with IPNLF to promote fisheries

The Ministry of Fisheries and Agriculture has signed an agreement with the International Pole and Line Foundation (IPNLF) to promote fisheries in the Maldives through a number of projects.

Speaking at the signing ceremony, IPNLF Director John Barton stated that the foundation will assist the Maldives in various projects to develop fisheries in the country, as well as in training fishermen.

Fisheries Minister Mohamed Shainee revealed that the ministry is currently undertaking projects worth US$283,000 with IPNLF.

He further said that under the programme, the VilliMalé Training Center will be handed over to the Fisheries Association within the next week.

Shainee noted that working with the IPNLF would facilitate promotion of Maldivian fisheries in European countries.

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Religious extremists abducting youth for “irreligious acts,” says MDP

Opposition Maldivian Democratic Party (MDP) has alleged religious extremists have abducted and threatened young people for alleged impiety.

“The Maldivian Democratic Party has received information that some religious extremists have kidnapped young people claiming they had committed irreligious acts,” said the party.

“The extremists blindfolded the young people, took them to remote locations against their will, threatened them with sharp weapons, threatened them with death, issued sentences in a false trial, and are now implementing these sentences.”

The abductors then told the hostages they will be killed if any news of the abduction is shared with any other party.

The MDP said it believed “these dangerous acts of terrorism” are against the Maldives constitution, its laws, and Islamic Sharia, and are being committed by individuals for personal gain.

The party has called on the government to take immediate action.

Minivan News is waiting on a response from the Maldives Police Services and the President’s Office.

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City and Fini Park taken by Housing Ministry, council not informed

The Ministry of Housing and Infrastructure today brought City Park and Fini Park under its jurisdiction, although Malé City Council has said they were not informed of this decision.

In a pressed statement released to the media, the ministry said the two parks were taken in accordance with a cabinet decision made on March 25, and requesting that those who conducted any transaction regarding the parks inform the ministry of the details before June 26.

While the ministry has said the parks were taken due to the council’s violation of the original handover agreement, the city council has denied this allegation.

Both the parks were developed in by Malé City Council in 2012 with cafeteria services under a public-private partnership.

City park has two food outlets while Fini park has one run by private parties. The council earlier revealed that private parties develop and maintain the parks in return to forty percent of the lands being leased for them to do business.

The city council today said they were not informed about  that the parks being taken over by the ministry. The press statement issued by the ministry was also not published on its website.

Speaking to Minivan News today Mayor Mohamed Shihab said that they were asked to hand over the two parks along with other lands, but that the process of transferring documents and the official handover was not yet complete.

“We are not aware of that. Their [the ministry’s] procedure for transferring lands seem to be taking over with police assistance,” said the mayor, noting there were still contracts between the private parties and the council regarding those lands.

In a separate statement, the ministry has also announced that eight other areas have been taken under its jurisdiction – including the Artificial Beach, Block 211, Usfasgandu, lands at the south west harbor, Dharubaaruge convention centre, Sultan Park, and Maafannu Buru.

President Mohamed Nasheed’s administration handed over several lands previously owned by the government to local councils under the 2011 ‘Regulation on handing over state-owned lands falling under the jurisdiction of local councils to the councils” – part of the landmark Decentralisation Act of 2010.

The regulation allow the cabinet to take back land in order to implement the government’s economic, social, and national security related policies. This provision has also been backed by a Civil Court ruling in May 2014, the verdict of which also declared that third party agreements thus affected will result in government compensation for the tenant.

The Housing Ministry appropriation of council lands began with the controversial power transfer of 7 February 2012, and has since  led to several conflicts with the council – the most recent being the ministry’s forceful take over of Dharubaaruge in May.

The council has described the ministry’s efforts as an organised attempt to discredit the council, and to destroy the decentralisation system.

“When taking back lands [from the city council] is among the very the first decisions of the cabinet, it can also be seen as a revenge against people living in Malé, and people from all over the country who are living in the city,” Deputy Mayor Shifa Mohamed told Minivan News following the Dharubaaruge takeover.

“I dont think Malé citizens deserve this spirit of revenge from the government for voting for the MDP,” she added.

Mayor Shihab recently expressed his view that the only lands which were expected to remain with the council after the ministry takeovers are completed would to be city’s streets and its graveyards.

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Ecocare concerned about implementation of ray protection regulations

Environmental NGO Ecocare has expressed concerns about the implementation of government regulations to protect all species of rays, citing a lack of enforcement mechanisms.

“While we welcome the government’s decision to protect rays, we have to say that simply ‘protecting’ it via a regulation is not sufficient,” said Spokesperson Maeed Mohamed Zahir.

“For example, turtles and sharks are also protected as per official records. However, the reality is that they are still hunted even today. Turtle and shark meat are widely available in some atolls as a delicacy. There is no point in announcing regulations if it cannot be enforced,” continued Zahir.

The Maldivian Manta Ray Project, the Manta Trust, and Save Our Seas Foundation released a statement on June 5 announcing that the Maldives government has officially added all species of ray to its protected species list.

“After the successful defeat of shark finning in recent years, the announcement of full legal protection for all ray species sets the Maldives as a leader country in marine conservation and marks another crucial step toward the global protection of these magnificent, yet vulnerable species,” said Maldivian Manta Ray Project Manager Niv Froman.

The Maldives has the largest recorded population of reef mantas, reports the Manta Ray Project, noting that the country has had a ban on the export of ray products since 1995.

“As an island nation, the Maldives long realised the importance of a healthy and balanced marine ecosystem. Hosting the world’s largest manta ray population, this country attracts thousands of tourists every year seeking the lifetime experience of swimming with these gentle giants,” said Froman.

Ecocare’s Zahir, however, suggested that the lack of an independent oversight body would further contribute to the ineffectiveness of species protection in the country.

He alleged that the sole monitoring body – the Environmental Protection Agency (EPA) – is a department reporting to the Ministry of Environment and hence has no say over government actions.

“The EPA has its hands tied when it comes to criticising government action. There isn’t even a committee in the parliament which is mandated to oversee environmental protection. The biggest problem we face is the lack of a strong enforcing mechanism”.

Maeed further argued that mechanisms currently exist “only in name” and prove to be ineffective in practice, noting that the police force’s Environmental Protection Unit (EPU) currently has a staff of just one.

The unit was formed last year to investigate and punish violations of laws relating to biodiversity and littering after similar complaints from civil society regarding implementation.

A police spokesperson – while not confirming the number of staff at the EPU – said that regardless of the number of staff in the unit, all police officers will provide support when necessary.

“We want to make it clear that we are not mandated to monitor whether persons follow the regulations when it comes to environmental protection. That is the job of solely the EPA and the Environment Ministry,” explained the spokesman.

“Our unit is only called into action when and if the EPA reports any criminal activity related to the environment,” he explained.

Environmental Consultant Moosa Athfal echoed Ecocare’s concerns, arguing that more feasible solutions might be considered.

“While protection of rays is a commendable act, the question is can the Environment Ministry monitor it? There are a countless number of rays in our seas. It would not be wrong to term the action as impossible, given the country’s current mechanisms,” said Athfal.

“If it can’t be implemented, then it is a pointless regulation. The best form of solution at present would be to provide relevant training to dive guides, who can then monitor such activity,” Athfal stated.

President’s Office Spokesperson Ibrahim Muaz Ali directed queries on the matter to the Environment Minsiter Thoriq Ibrahim, who was not responding to calls at the time of press.

The Environment Ministry’s Assistant Director Ilham Mohamed stated that she is unaware of a government decision to protect rays, while the EPA Director Ibrahim Naeem’s phone was not responding to calls at the time of publication.

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Maldives and UAE sign customs agreement

The Maldives has signed a customs agreement with its largest trade partner, the United Arab Emirates (UAE), which will result in enhanced bilateral cooperation.

The MoU signed yesterday will involve the exchange of data and expertise on consignments, customs policies, and general capacity building as well as cooperation to ensure the security of international supply chains.

The Commissioner General of Maldives Customs Service, Ahmed Mohamed, signed the agreement with Acting Director-General of Federal Customs Authority (FCA), Khalid Ali Al Bustani in Dubai.

Ahmed Mohamed expressed his confidence that the MOU will enable Maldives customs to translate the experience of its UAE counterparts for valuable use as the Maldives works to modernise its operations both in trade facilitation and customs enforcement.

29 percent of the Maldives imports came from the UAE in 2013, making the country the Maldives’ largest source of goods.

UAE authorities reported that two-way trade between the Maldives and the UAE reached AED943 (US$256 million) between 2009 and 2013 – 1.7 percent of which represented exports from the Maldives to the emirates.

The Maldives spends 30 percent of its GDP on importing fossil fuels – with make up around 90 percent of the UAE’s trade – with US$486 million on oil imports in 2012.

The figure is estimated to increase to US$ 700 million by 2020, although the current government is seeking foreign investors for the resumption of oil exploration projects in the Maldives.

As an island nation heavily dependent on imports, the Maldives Monetary Authority’s latest balance of payments projections estimate that the country’s current account deficit will widen to US$562.5 million in 2014, which is equal to 22 percent of GDP.

During the visit to Dubai, the commissioner general along with the accompanying delegates is scheduled to visit Rashed Port, Airport of Dubai, and Jebel Ali Port to witness and learn from the best practices of the UAE, said a Maldives Customs Service press release.

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