Tag: maldives

Parliament passes sexual harassment and sexual offences bills

Parliament passed the sexual harassment bill and sexual offences bill yesterday (April 27).

Opposition Maldivian Democratic Party (MDP) MP Rozaina Adam – chair of the committee that evaluated the sexual harassment bill – told Minivan News that while the passage of the legislation was a positive step, there was still a lot of work to be done on combating the internalised effects of sexual harassment.

The sexual harassment bill was submitted in January 2013 by Rozaina, and aims to ensure gender discrimination is made illegal at workplaces, educational institutes, and other service providers such as hospitals.

“Previously there was no law or any regulation from which they could seek help. I think now the women have a place to go,” she explained.

If ratified by the president, the new law would mandate the creation of a committee to investigate sexual harassment complaints at all workplaces with more than 30 employees.

The committees shall be chaired the by the head of the respective offices and must include at least one female members.

If the committee finds an employee guilty of sexual harassment at the workplace following an inquiry, it will be empowered to advise the offender verbally or in writing, suspend him, demote him, or dismiss him based on the severity of the offence.

Rozaina however suggested that women would “still not be complaining” despite the introduction of an internal mechanism to address complaints.

“People have come to accept that this is just something that just happens,” she said.

She however said that the legislation would “create awareness,” contending that not enough was done in implementation of similar laws such as the anti-domestic violence law.

“Police are not taking domestic violence seriously enough,” she argued.

Rozaina recalled the story of one woman – whose experiences reflect the reality for many – as she attempted speak out about the sexual abuses inflicted against her.

“She was waiting outside for me,” recounted Rozaina, “she told me she complained to police about ex-husband beating her, and raping her. When I went to case, they hadn’t even done anything about it.”

“They are not giving enough importance to these cases, we need to create more awareness.”

Cooperation from police seems to be “declining”, she added, “they don’t feel it’s an important issue.”

“I just hope that everyone cooperates and more women report these cases in domestic violence. The main issue is talking and reporting, so very few people report.”

Sexual offences

The two bills – which support both men and women who are victims of sexual abuse – were submitted independently of each other.

The sexual offences bill – which called for recognition of marital rape as a crime – was first submitted in October 2012 and was vetoed by President Abdulla Yameen in January 2014.

“The bill contained some provisions that are contrary to Islamic Shariah and Islamic principles was among the reasons considered for returning the bill,” the President’s Office stated at the time.

The contentious bill was drafted and submitted in October 2012 by now-Progressive Party of Maldives MP for Kulhudhufushi South, Mohamed Nasheed.

Nasheed wrote in the draft legislation that it was not intended to replace Shariah, explaining that it did not preclude application of a Shariah penalty for an offence specified in the bill.

Previous reports of police apathy

Minivan News has previously spoken with foreign women from diverse nationalities working in Maldives who came forward and reported various attacks, ranging from verbal abuse to physical and sometimes sexual assaults.

Katie*, a 34-year-old American who has worked in Male’ for almost a year, was subject to a horrific incident last month when a local man sexually assaulted her while she was unlocking the door of her apartment.

Neighbours who heard her screams called the police, and around five to six officers arrived on the scene with a forensic team.

However, according to Katie, the police did not take her statement until three weeks later and then got the details of the attack completely wrong.

“The police had stated my necklace was stolen. It broke off during the attack, I still have it. The attacker must have known the necklace I was wearing was not gold because it was made of multi-colored beads,” Katie pointed out.

She added that she had later found out from CCTV camera owners nearby her house that the police had not requested the footage or interviewed neighbours for clues. Frustrated over the lack of police assistance, she called the US embassy.

“I don’t think they would have even taken the statement if the American Embassy had not called them,” Katie claimed.

The Police department was not issuing statements to Minivan News at the time of publishing.

*Names have been changed to protect identities.

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Alhan alleges involvement of senior government officials in stabbing

Maldivian Democratic Party (MDP) MP Alhan Fahmy has said that he believes senior officials of the current government was behind a knife attack on February 1 that left the opposition MP’s left leg paralysed.

Speaking at the last sitting of the 17th People’s Majlis today, the outgoing MP for Feydhoo noted the violent attacks on MPs during the past five years of multi-party politics and fledgling democracy, including the brutal murder of Progressive Party of Maldives (PPM) MP Dr Afrasheem Ali.

Both MPs and the public were left in a state fear by the attacks on parliamentarians, Alhan said.

Alhan was stabbed in Malé on the evening of February 1, 2014, while at the Breakwater cafe in the artificial beach area of the capital.

The results of the final MDP parliamentary primaries were officially revealed the same day, with Alhan losing the Feydhoo constituency seat to Mohamed Nihad, who received 316 votes to the incumbent’s 154.

After the results of the primary contest emerged, Alhan alleged irregularities in the vote via social media, declaring his intention to challenge the outcome.

Two suspects – Mohamed Sameeh of Shiny, Fuvahmulah, and Mohamed Naseem, of Ulfamanzil, Hithadhoo – were arrested by the police in connection with the case.

The case against the two suspects have since been forwarded to the Prosecutor General’s Office for prosecution.

Alhan has had a chequered recent past with the MDP, rejoining the party in June last year after an apparently acrimonious departure in April of the previous year. Then party vice president, Alhan was ejected – alongside then party President Dr Ibrahim Didi – after the pair publicly questioned the party’s official interpretation of the February 7 ousting of President Mohamed Nasheed.

The Feydhoo MP subsequently organised a rally – sparsely attended – calling for the freeing of the MDP from its talismanic leader Nasheed. Alhan’s soon joined the government-aligned Jumhooree Party,

Alhan was initially elected to parliament on a Dhivehi Rayithunge Party (DRP) ticket, making him one of the few MPs to have been a member of almost every major political party represented in parliament, barring the DRP’s splinter party, the Progressive Party of the Maldives (PPM).

He was dismissed from the DRP in 2010 for breaking the party’s whip line in a no-confidence vote against then Foreign Minister, Dr Ahmed Shaheed

Last August, Alhan was summoned by police in connection with the alleged blackmailing of Supreme Court Justice Ali Hameed, using footage of the judge having sex with two foreign women said to be prostitutes.

The MP tweeted a screenshot of a text message he claimed had been sent to his mobile phone by Superintendent of Police Mohamed Riyaz. The text read: “Alhan, will make sure you are fully famed (sic) for blackmailing Justice Ali Hameed. You don’t know who we are.’’

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Death penalty can be implemented starting today: Home Minister

The death penalty can be implemented in the Maldives starting today following the publication of procedural regulations in the government gazette, Minister of Home Affairs Umar Naseer has said.

Speaking at a press conference this afternoon, Naseer said the chances of killing an innocent person after completing all the procedures in the regulation – titled “procedural regulation on investigating and penalising the crime of murder” – was “far-fetched” and “almost impossible”.

The regulation was formulated under the Police Act and the Clemency Act with the objective of specifying the procedures for investigating murders and implementing death penalty, and came into force today.

While Maldives has been maintaining an unofficial moratorium on the death penalty since 1953, several people have been sentenced to death over the years. The common practice had been for the president to commute all death sentences to life imprisonment through powers vested in him by Clemency Act.

With the new regulation, the president will no longer have this authority if a person is sentenced to death for murder by the Supreme Court, Naseer noted.

Both President Abdulla Yameen and Vice President Mohamed Jameel have expressed their support for implementing death penalty.

Procedures

The regulation only allows implementation of death penalty for intentional homicide or premeditated murder and only when the sentence is delivered by the Supreme Court.

A death penalty committee comprised of the Prosecutor General, Chief Justice (or someone appointed by him) and the Commissioner of Prisons have to send a written confirmation to the president that all procedures of the regulation have been followed.

After receiving this confirmation, the president is required to send an execution order to the Commissioner of Prisons within three days.

Within seven days of receiving this order, the Maldives Correctional Service (MCS) has to carry out the execution using lethal injection.

Naseer said the executions will take place at a building in Maafushi Prison, which is currently under construction.

Mediation process

The regulation requires Ministry of Islamic Affairs to mediate between the victim’s family and the convict.

Through this process, which reflects the Shariah principle of qisas (retaliation), family members who are ‘warith’ (heirs in Shariah law) will be given an opportunity to pardon the convict with or without receiving blood money.

The execution will not be carried out even if a single member of the family chooses to pardon the convict.

The family is given a ten-day period following the mediation to come to a decision.

“A first step”

According to the regulation, implementation of death penalty can be delayed if the convict is underage, till he or she is 18-years-old and if the convict is pregnant, until she gives birth and the child is two years old.

If a medical board appointed by the Commissioner of Prisons finds the convict is of very weak health, the sentence will be delayed till he recovers.

Responding to a question about implementing stricter punishments for other crimes as well, Naseer said the decision to implement death penalty for murder is just a first step and noted that “the Quran was also revealed through different stages.”

“Look at this as a first step. God willing, this government will take all necessary action for keeping peace and creating a safe environment for our citizens.” He said.

Naseer also noted that there maybe some countries and organisations which would be concerned over the decision, but said the Maldives will go ahead with it as a sovereign nation and a 100 percent Islamic country.

“There will be some parties who will be concerned about this. Concerned countries, concerned NGOs. Some counties are not too pleased with it [death penalty, but we will know about the issue of executing people in this country, the overcrowding of prisons in this country, how much the criminal environment is more lively in this country. And we are a hundred percent Islamic country and there are certain values that we all believe in,” Naseer said.

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Flyme’s first seaplane en route to Maldives

Flyme has announced that the company’s first seaplane is expected to arrive in Maldives on Monday (April 28).

The Cessna 208 Caravan is a single turboprop engine, fixed-gear short-haul aircraft manufactured by Cessna. The airplane typically seats seven passengers with a pilot and co-pilot, according to Vnews.

Flyme said that the seaplane services will be open for locals, adding that more seaplanes would join the Flyme seaplane fleet in the future.

Flyme is a company under the umbrella of Villa Shipping and Trading Company, and currently serves nine local airports.

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Criminal Court refusing to accept serious cases, Deputy PG tells MPs

Deputy Prosecutor General (PG) Hussain Shameem has told MPs on parliament’s independent institutions committee that serious cases are pending at the PG office due to Criminal Court’s procedure on accepting cases.

Serious cases of corruption, drugs and child sex abuse had not reached trial because the Criminal Court was refusing to accept the cases, he said.

The court was informing the PG office that cases should be filed at the magistrate court on the home island of the accused, Shameem explained, noting that magistrate courts could not hear drug cases and that in most cases the suspect was residing in the capital.

The Criminal Court in December last year suspended all ongoing cases and decided not to accept new cases filed by the PG office, claiming the court cannot proceed with trials in the absence of a PG.

In February this year, the Criminal Court started accepting new cases after the Supreme Court issued a second ruling ordering the court to uphold the rule of law.

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Former President Nasheed asks High Court to expedite case concerning Hulhumale’ magistrate court bench

Former President Mohamed Nasheed has asked the High Court to expedite the case filed by his legal team challenging the legitimacy of Hulhumale’ magistrate court’s bench.

Speaking to Minivan News today, former Human Resource Minister Hassan Latheef – a member of Nasheed’s legal team – said that the case has remained stalled at the High Court for over a year now.

“We filed the case at the High Court after we noticed that there were many issues regarding how the Judicial Service Commission (JSC) has composed the bench,” Latheef explained.

“For one thing, the JSC does not have to bring selected judges from throughout the country and compose a bench to conduct the trial of a specific individual, that is not the normal procedure.”

The original case filed at the Hulhumale’ court – concerning the military’s controversial detention of Criminal Chief Judge Abdulla Mohamed in January 2012 – needed to be concluded soon because former President Nasheed did not wish to have pending criminal charges, Latheef said.

“But the case at the Hulhumale’ Court can only be continued when the High Court concludes this case we have filed at the High Court,” he noted.

“’When we filed the case at the High Court, on April 1, 2013 the court issued an injunction ordering Hulhumale’ court to halt the trial against Nasheed until the court concluded the case we have filed.”

The case filed by Nasheed’s legal team challenging the legality of the magistrate court bench was stalled after the JSC suspended the former High Court Chief Judge – who was presiding over the case – pending an investigation over a disciplinary matter.

During the hearings held at the High Court, the JSC contended that the High Court did not have jurisdiction to rule on the case as the panel of judges presiding over Nasheed’s trial was appointed based on counsel from the Supreme Court

Nasheed said at the time that he was  “prepared” to justify the reasons for the arrest of Judge Abdulla, and said he was ready to appear in court to defend the decision.

Nasheed also dismissed accusations of the High Court, the Supreme Court and the prosecutor general that he had ordered the military to arrest Judge Abdulla unlawfully.

“I did nothing unlawful during my tenure,” he insisted.

Nasheed also urged the public to attend the trial and witness proceedings, alleging that the case was politically motivated.

Judge Abdulla’s arrest sparked three weeks of anti-government protests in January, leading the Nasheed administration to appeal for international assistance from the Commonwealth and UN to reform the judiciary.

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President predicts US$300 million compensation for GMR

The Maldivian government believes GMR is owed US$300 million in compensation for the premature termination of the contract to develop the Ibrahim Nasir International Airport (INIA) instead of the US$1.4 billion the company is seeking, President Abdulla Yameen Abdul Gayoom told reporters upon his return to Malé last night.

Speaking to press after returning from Singapore to attend the Maldives Investment Forum, President Yameen insisted that the arbitration proceedings over GMR’s compensation claim has not deterred investors.

The INIA development project was the most popular among attendees at the forum, he said.

“The biggest interest was for the airport,” Yameen said.

The event – which took place on April 25 – was attended by over over 160 companies and nearly 200 representatives from 16 countries, and was the first overseas investor forum organised by the Maldives.

GMR compensation claim

Speaking to the press at the airport, Yameen argued that the previous government was within its rights to terminate the contract as it “damaged state and national interests”.

But since GMR had carried out some of the development works at the airport, the government has to pay compensation, he conceded.

President Yameen said that the compensation payment would affect the state budget, but added that $300 million is a “manageable” sum.

The state-owned Maldives Airports Company Limited (MACL), which now manages the airport, is “saving up” that sum, he said.

This statement comes after GMR is reportedly sticking to the US$1.4 billion compensation claim for the abrupt termination by the Maldivian government in December 2012.

“The forceful takeover of the airport by Maldives government amounts to repudiation of a valid contract and therefore damages, including loss of future profit has to paid. Thus, GMR’s claim is $1.4 billion,” Indian media reported the Bangalore-based infrastructure giant as saying in a statement on Friday (April 25).

Investment forum

On the investor forum, President Yameen said companies were also interested in developing a trans-shipment port in the north of the country, along with economic stimulation investments in Hulhumale’.

The island is a reclamation project to the north of Male’ to cater for the housing, industrial and developmental demands of the capital.

“Alongside (interests for the airport), there was (interest) for the economic development of Hulhumale’,” President Yameen said.

“Some large Chinese companies brought us (proposals) to develop a township in Hulhumale’, in addition to different (development) components for the airport. God willing, if we can put the effort, there is a lot to be gained here,” he added.

Moreover, the Ministry of Transport is seeking investors for building four new domestic airports. They are to be established on Haa Alif Huvanadhoo, Alif Alif Mathiveri, Faafu Magoodhoo and Meemu Muli.

The government is proposing leasing one or two islands for 25 years for resort development to the investors under a public-private partnership (PPP) programme in addition to a customs duty exemption for all equipment and material imported for the airport projects.

Moreover, the government has also made an announcement seeking a developer to expand Hanimaadhoo International Airport in the north of the country.

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Home Minister Umar Naseer to run for presidency in 2023

Minister of Home Affairs Umar Naseer has announced he will run for the presidency in 2023 and has pledged to back President Abdulla Yameen Abdul Gayoom for re-election in 2018.

“I am not a political threat to President Yameen. I am ready to work to help President Yameen get re-elected to presidency in 2018. What I may have said before, and the competition that existed between us before is a completely different matter. That has come to an end,” he said in an interview on state broadcaster Television Maldives’ Friday variety show ‘Heyyambo.’

Naseer lost to Yameen in the Progressive Party of the Maldives (PPM) presidential primaries in 2013 and alleged the primaries were rigged. He accused Yameen of illicit connections with gangs and the illegal drug trade and vowed to bring a “white revolution” within the party.

The PPM expelled Naseer from the party and he backed Jumhooree Party (JP) Leader Gasim Ibrahim in the 2013 presidential elections. Naseer was appointed to the cabinet when Gasim’s backing proved crucial in PPM’s second round win.

Speaking on Heyyambo, Naseer said Yameen will “have no reason to contest again” by 2023 and said he himself will run for the presidency then. The Maldives constitution limits presidential terms to two five year terms.

Naseer ran for the presidency in 2008 and won 2,472 votes.

Coalition friction

Naseer expressed confidence that he will be able to sort out any differences within the government coalition, pointing to his prior experience working with Yameen and Gasim.

Friction within the coalition became apparent with Gasim warning the PPM against betrayal in a rally on April 13.

But Naseer asserted that Yameen and Gasim are working together in the national interest.

He also dismissed competitive words exchanged between the two coalition partners in the lead up to the 2013 presidential elections as “an attempt to choose the best leader from among those sharing the same ideology”, and said personal ambition has now “taken a backseat and national interest is what drives [us] today”.

“Although we walked over each other in the race to select a leader amongst those of us who holds the same ideology, once we have come out to the actual national race we have removed our personal jerseys and donned the national jersey. Today we are playing in the national uniform,” he said.

Extradite offenders

Naseer said he will amend laws which require police to present detainees to the Criminal Court with 24 hours of arrest and spoke of plans to extradite Maldivian offenders.

Maldivian offenders will not be able “to hide in any corner of the world,” Naseer said.

“No offender should delude themselves into thinking that they can flee from the Maldives and peacefully live elsewhere. That cannot be done. The first topic of discussion that I take up with leaders, Home Ministers and police leaders of every country I travel to is that in the instance there is a runaway Maldivian offender in the country, they should arrest them immediately and turn them over to the Maldivian authorities.”

He also spoke about a recent police raid where 79 youth were arrested from the island of Anbaraa during a musical festival, where all detained were reported to have tested positive for illicit drugs.

It is permissible for Maldivians to go on picnics, play loud music and have fun, Naseer said.

“But, there cannot be the abuse of drugs or consumption of alcohol. There cannot be DJs. If these kinds of things are being done, the police will go in and stop the activities. What I am saying is, you can party, but you cannot ‘Ambaraa'”.

Referring to the controversial order he had made unto the Maldives Correctional Services to implement death penalty, Naseer asserted that he had done so only on prior discussions with the President.

The Attorney General is currently drafting regulations for implementation of the death penalty on the cabinet’s request, he said. The government would only implement the death penalty if the Supreme Court upholds the sentence, he reiterated.

Speaking on the illegal drug trade, Naseer alleged that “powerful gangs from neighbouring countries” are involved in smuggling drugs into the Maldives.

Naseer identified population dispersion as the biggest obstacle for development and called for population consolidation.

“If the desired development is to be brought about, the approximately 400,000 inhabitants of this country will have to start living on three or five islands. We cannot bring the development otherwise,” he said.

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MP Jabir in Malaysia for medical treatment

Jailed opposition MP Abdulla Jabir is seeking medical treatment in Malaysia, local media have reported.

The Maldivian Democratic Party (MDP) MP was hospitalised on April 8 after suffering respiratory difficulties. He is currently serving a one year jail sentence for refusal to provide a urine sample to police.

Jabir left the Maldives at 9:15 pm on Friday night without a set return date, the Maldives Correctional Services (MCS) told Minivan News.

Doctors at Indira Gandhi Memorial Hospital (IGMH) recommended Jabir go abroad for an examination of his heart, the MCS told local media. The service is not available in the Maldives, the MCS said.

Jabir was hospitalised for two weeks and transferred back to Maafushi prison on April 22 with a device to facilitate breathing – reportedly obtained from Singapore.

At the time of hospitalisation, the MP’s wife Dhiyana Saeed said Jabir had been born with birth defects which caused a sleep disorder called sleep apnoea. The disorder is characterised by pauses in breathing or instances of shallow or infrequent breathing during sleep.

In a text to MDP parliamentary group members, Dhiyana said at the time: “The pulmonologist who saw him says his previous surgeries for severe sleep apnoea has failed and needs to be admitted.”

In an interview with VNews earlier this month, Dhiyana said doctors had informed her that Jabir’s breathing stopped four times every hour.

Jabir was sentenced to jail in February for failure to provide a urine sample for a drug test during a police raid on the island of Hondaidhoo in November 2012.

A total of 10 people were taken into police custody at the time. Officers alleged they found large amounts of drugs and alcohol upon searching the island.

Seven people, including the MDP MP Hamid Abdul Ghafoor, face separate charges for refusal to provide urine, alcohol possession and cannabis possession. They include former President’s Office Press Secretary Mohamed Zuhair and his wife Mariyam Faiz, the manager of Jabir’s Alidhoo resort Jadhulla Jaleel and son of former Special Envoy to the President Ibrahim Hussein Zaki, Hamdan Zaki.

All seven have accused the police of brutality during their arrest.

The Prosecutor General also charged Jabir for possessing cannabis but the Criminal Court acquitted by the MP citing insufficient evidence.

Charges of alcohol possession remain outstanding, with the last hearing of Jabir and Hamid’s joint trial being suspended due to Jabir’s hospitalisation.

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