HRCM congratulates parliament for passing Anti-torture bill, calls for president to ratify

The Human Rights Commission of Maldives (HRCM) has congratulated the parliament for passing the Anti-torture Act [Dhivehi] which criminalises torture.

The act guarantees freedom from torture as a fundamental right of every individual even in circumstances of war or imminent war.

The HRCM has now called upon  President Abdulla Yameen to ratify it. The commission noted that the bill was passed including 17 of the 21 recommendations it had made.

Meeting with Yameen today, members of the commission received assurances of governmental support for their work after sharing details of the challenges they currently face.

The commission’s recently released benchmark guidelines for the protection of migrant workers was warmly received by state departments.

The Anti-Torture Act declares freedom from torture as a fundamental right, penalises torture, ensures respect for human rights of criminal suspects, and prohibits torture in state custody, detention in undisclosed locations, and solitary confinement.

According to the bill, any confession gained through the use of torture should be deemed invalid by the courts.

The new law defines torture as any action committed by a state official, or committed with the orders, consent or knowledge of a state official to cause physical or psychological pain to obtain information or a confession or to inflict punishment or to threaten or humiliate an individual.

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Ismail Zihan surrenders himself to police

Police have said that Ismail Zihan, 21, of Medo in Galolhu – one of two persons searched for by the police for their alleged involvement in a local network that was seized earlier this month – has surrendered himself to the police yesterday (18 December).

In a statement issued today, the police said that he turned himself in yesterday afternoon at about 4pm.

The police said that Faisal Ibrahim, 23 of Anooma in Mahchangolhi – the second person police are looking for – has not been found and that search is still ongoing.

On December 5, police searched the premises of Henveiru Fahaageaage after obtaining a search warrant, finding drugs and money inside the house.

Police said that persons believed to be involved in the network were apprehended inside the house during the operation.

According to police, a total four persons have been arrested in connection with the case including a Pakistani and a Sri Lankan national.

Police appealed the public to share any information they have regarding the whereabouts of Faisal Ibrahim, and asked people to contact the police hotline 3322111 or police emergency 119 or police Drug Enforcement Department at 9792498.

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World’s largest floating book fair docks in Malé

Additional reporting by Daniel Bosley

The Logos Hope – dubbed the “world’s largest floating book fair” – operated by the German Christian charitable organization GBA Ships is currently visiting the Maldives as part of the vessel’s tour around the world.

According to the Logos Hope website, the original Logos had visited the country forty years ago – in 1973.

“Many in the Maldives still remember stepping on board Logos as children in 1973 or the visit of Doulos in 1998,” read a statement released on the group’s website.

“It is very special that we can return after many years with a bigger ship,” Logos Hope Director Lloyd Nicholas was quoted as saying.

“It’s a newer ship but still with the same purpose, same good books and with a desire to serve in the countries Logos Hope visits.” He added.

Beginning life as a car ferry in 1973, the vessel spent its first 30 operating ferry services around northern Europe and Scandinvia, before being bought and refurbished by GBA Ships in 2003 .

After the completion of renovations in 2009, the Logos Hope has travelled the globe – taking in the Caribbean, the Middle East and South East Asia – promoting GBA’s goal of spreading education and quality literature.

GBA – Gute Bücher für Alle or ‘Good Books for All’ – claims to have welcomed over 42 million people in 150 countries aboard its numerous vessels since 1970, making 1400 ports of call, and offering training to around 10,000 young people.

An official reception was held yesterday to open the book fair which was attended by Minister of Youth & Sports, Mohamed Maleeh Jamal, as well as other senior government officials

A large number of Maldivians were seen boarding the ship and buying books as well as enjoying the cheap coffee available at the ship’s International Cafe’ – staffed by the Logos Hope’s all-volunteer crew.

Minivan News observed that all purchases made from the ship were checked by customs official present, before being taken out of the ship. According to an official on the Vessel, all purchases above MVR6,000 (US$389.10) were subject to custom duties.

Some book shelves on board had been sealed off, making their content unavailable to Maldivian visitors. GBA normally makes Christian literature available to shoppers, however, materials deemed “offensive to Islam” are prohibited in the Maldives.

According to the organisation’s website, Logos Hopes book fair will be open to the public until the evening of Friday, December 20. The ship is docked in Malé’s commercial harbour area.

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Opposition MP files four misconduct cases against Judge Abdulla Mohamed

Opposition Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor has filed four cases of judicial-misconduct against the former Chief Judge of Criminal Court Abdulla Mohamed at the Judicial Service Commission (JSC).

The MDP in a statement (dhivehi) published on its official website claimed that the four cases filed against the judge had been based upon his misconduct during Hamid’s recent criminal trial.

Last October, Judge Abdulla Mohamed handed Hamid a six-month imprisonment sentence for his failure to comply with court summons in a case in which he faced charges of refusing to cooperate with the police.

However, Hamid’s conviction was quashed on appeal by the High Court, which held that the Criminal Court had not followed the established procedures in attempting to summon the MP to the court.

The High Court, in overturning the case, also reiterated that the Parliamentary Privileges Act at the time of Criminal Court’s issuance of the guilty verdict did not allow an MP to be summoned to court while parliament was in session.

In late November, the Supreme Court annulled several articles of the Privileges Act, including the clause that required all MPs – regardless of criminal conviction – to be present during votes. The Supreme Court’s move had prompted Hamid’s relocation from house arrest to Maafushi jail.

In the misconduct cases filed at the JSC – the state’s judicial watchdog responsible for disciplining judges – the Henveiru-South constituency MP accused Abdulla Mohamed of displaying outright rudeness towards him, stereotyping him as a criminal, publicly defaming him, and attempting to “politically” destroy him.

The MDP’s statement meanwhile added that Hamid intends to file more cases concerning the judges alleged misdemeanors,  including the fact that he had refused to provide a copy of the arrest warrant issued against Hamid.

Ghafoor was quoted in the statement claiming that he had only been able to receive the arrest warrant three day after the expiry of the warrant.

He also accused of the Judge of assisting the police to publicly broadcast his photograph in the media and implying him as a hard-lined criminal on the loose.

Controversies surrounding Judge Abdulla Mohamed

Shortly after the case, the JSC announced the transfer of Judge Abdulla from his position as Chief Judge of Criminal Court to the Chief Judge of the Drug Court as part of the commission’s shuffling of nine superior court judges.

In January 2012 Judge Abdulla was taken into military detention during the final days of former President Mohamed Nasheed’s administration after then-Home Minister Hassan Afeef had accused him of “taking the entire criminal justice system in his fist”.

Nasheed’s administration listed 14 cases of judicial misconduct concerning the judge that included obstruction of police duty – including withholding warrants for up to four days, ordering police to conduct unlawful investigations, disregarding precedents set forth by higher courts, deliberately holding up cases involving then-opposition figures, and barring media from corruption trials.

He was also accused by the Nasheed government of releasing of suspects detained for serious crimes “without a single hearing” and maintaining “suspicious ties” with family members of convicts sentenced for dangerous crimes.

The controversial judge was also thrust into the media limelight after he released a murder suspect “in the name of holding the health minister accountable”. The suspect later went on to kill a witness to the case.

The JSC earlier in November 2011 found Judge Abdulla guilty of violating the Judges Code of Ethics by making a politically biased statement in an interview he gave to private broadcaster DhiTV.

However, the JSC’s attempt to take action against him ended in vain after the Civil Court overruled the decision – later supported by the High Court.

Minivan News was unable to get a confirmation from the JSC regarding Hamid’s case – Secretary General Abu Bakuru was not responding to calls at time of press.

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Germany grants €3million for climate protection project

The governments of the Maldives and Germany yesterday signed a climate protection agreement that will see the granting of €3million from the European partner.

Launching the scheme at the Ministry of Environment and Energy, the Minister of State for Environment and Energy Abdul Matheen Mohamed expressed his gratitude to Ms. Randa Kourieh-Ranarivelo – Sri Lanka Country Director for German development firm GIZ – who signed the agreement on behalf of the German government.

GIZ – ‘Deutsche Gesellschaft für Internationale Zusammenarbeit’ or the German Society for International Cooperation – is a corporation working in close alignment with the German Federal Ministry for Economic Cooperation and Development.

“The physical component under this project is to install photo voltaic (PV) systems in Raa atoll Ungoofaru island and Dhaalu atoll Kudahuvadhoo island,” a press release from the ministry explained.

“Under this project 119 kW of grid connected PV system will be installed in Ungoofaaru and 166 kW of grid connected PV system will be installed in Kudahuvadhoo.”

Whilst €800,000 is allocated for the solar panel project, the remaining allocation will go towards ‘soft components’ such as preparing a renewable energy investment guideline and developing low-carbon guidelines for resorts.

The ministry expects the physical component of the project to begin in February and for the work to be completed in 6 months.

The Maldives was pledged a further €4million from the European Union earlier this month to address climate change in the low-lying island nation.

In a recent report titled ‘Turn Down The Heat’, the World Bank reasserted the urgent need for concerted efforts to support the Maldives in adapting to climate change, due to a projected sea level rise of 115 centimetres by 2090.

In the document, a 4 degree Celsius (7.2 degrees Fahrenheit) global temperature increase was predicted by the end of the 21st century unless concerted action is taken immediately.

Based on the report’s findings, the World Bank has highlighted the urgent need for concerted efforts to support the Maldives in adapting to climate change.

As one of the lowest-lying countries in the world, with an average elevation of 1.5 meters above sea level, the Maldives is extremely vulnerable to the effects of climate change, such as sea level rise.

“The Maldives is one of the most vulnerable nations to climate change impacts and has set best practice examples in adapting to climate change consequences,” stated Ivan Rossignol, World Bank Acting Country Director for Sri Lanka and the Maldives.

The current administration, under recently elected President Abdulla Yameen, is in the process of formulating a series of 100-day goals, though it has yet to set-out clear policies on the environment.

Climate change failed to feature in either Yameen’s, nor this main challenger Mohamed Nasheed’s election campaigns.

Former President Nasheed’s efforts to raise awareness of climate change – most notably at the 2009 Climate Change Forum in Copenhagen –  brought international acclaim and significant donor aid to the Maldives.

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Committee recommends increasing 2014 budget to MVR18 billion

The People’s Majlis Budget Committee has recommended raising the proposed 2014 state budget from MVR17.5 billion (US$ 1.1 billion) to MVR18 billion (US$1.2 billion) despite concerns over prospective revenue raising measures.

The latest recommendations will have to pass on the Majlis floor, with the final report being sent to People’s Majlis Speaker Abdulla Shahid on December 21.

President Abdulla Yameen proposed a record MVR17.5 billion budget shortly after assuming power. The budget has a projected deficit of 2.2 percent, with over MVR3 billion (US$ 224 million) is to set to come from new revenue raising measures that require amendments to legislation.

These measures include hiking Tourism Goods and Services Tax (T-GST) from 8 to 12 percent, revising import duties, a continuation of the tourism bed tax, raising airport departure charge for foreign passengers from US$18 to US$25, leasing 12 islands for resort development, introducing GST for telecommunication services, and charging resort operators in advance for resort lease extensions.

The Ministry of Finance had proposed similar revenue raising measures the 2013 budget but was ultimately unable to obtain the expected revenue after the parliament rejected several measures – including increasing airport departure fees.

The MVR600 million (US$39 million) expansion is mainly to fund tourism promotion, Public Sector Investment Programmes (PSIP), and an increase to the budgets for the state’s independent institutions.

The Governor of the Maldives Monetary Authority (MMA) Fazeel Najeeb has expressed concern that the central bank may have to print money if expected revenue is not realised.

Najeeb told the People’s Majlis Budget Committee on Saturday (December 14) the government must not proceed with new development projects unless and until the new revenue is assured.

“If not, ultimately the government will come to the MMA to find the cash to proceed with those projects. And then again we have more rufiyaa in the economy to chase after the few dollars,” Najeeb said.

Several independent institutions including the Employment Tribunal, Judicial Services Commission (JSC), Department of Judicial Administration, Election Commission, Human Rights Commission, Anti- Corruption Commission, and the Prosecutor General had complained about the proposed budget cuts last week.

According to the Maldives Inland Revenue Authority (MIRA), the institution had asked for MVR73 million (US$4.7 million), but the Finance Ministry had reduced the figure to MVR 45 million (US$ 29 million).

Speaking at the Budget Committee meeting last week, the Commissioner General of Taxation Yazeed Mohamed said financial constraints had affected MIRA’s ability to collect taxes.

MIRA had set its own goal to collect MVR10 billion (US$648 million) in taxes this year, but would only able to collect approximately MVR 8.4 billion (US$ 545 million), Yazeed said.

While the Ministry of Finance estimates MVR10 billion (US$648 million) can be raised in taxes for 2014, MIRA believes it can collect over MVR11 billion (US$ 713 million) if the institution is granted adequate financial resources, Yazeed added.

Budget reductions will also affect MIRA’s ability to train employees, he said.

Meanwhile, the Elections Commission said the allocated MVR57 million (US$3.7 million) is not enough for the commission to hold the constitutionally mandated local council and parliamentary elections. The commission noted it still had over MVR29 million (US$1.9 million) in unpaid bills from the repeatedly re-scheduled presidential elections.

Only the Civil Service Commission expressed satisfaction with its allocated budget. The commission had asked for MVR28 million (US$ 1.8 million), before the Finance Ministry reduced the amount to MVR25.7 million (US$1.7 million).

Meanwhile, the World Bank has said that measures used by the government to finance the deficit – such as monetisation, the accumulation of unpaid bills, and the rise of short term debt through the sale of T-bills – posed “macro-risks” to the economy.

President Yameen has expressed concern over “extremely high” state expenditure and pledged to make cuts, though he has as yet only managed to make modest cuts such as halving the presidential salary and marginally reducing the salaries of state and deputy ministers.

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Japan grant MVR30million in grant aid, invite President Yameen for state visit

President Abdulla Yameen has officially been invited for an official state visit to Japan, with local media reporting that he will make the journey in March next, year.

Meanwhile, a ceremony was held at the foreign ministry to announce the award of 200 million Japanese yen (MVR30 million) in grant aid for medical supplies.

The invitation to Japan was made during an official visit to the President’s Office by Japanese Ambassador to the Maldives Nobuhito Hobo.

“President Yameen expressed confidence that his visit would further expand the close ties between the two countries. During his visit the President will meet with Emperor Akihito, Prime Minister Abe and other senior official of the Japanese Government,” reported the President’s Office website.

Whilst former President Maumoon Abdul Gayoom visited Japan three times during his thirty year rule, it was reported that President Yameen’s visit will be the first time a Maldivian leader has been invited by the Japanese head of state.

During the meeting with Nobuhito today, the topics of bilateral ties were discussed and the ambassador was thanked for his country’s support for the Maldives’ election bid for a second term on the UN Human Rights Council.

“President Yameen Abdul Gayoom noted the importance of people-to-people contact, and the important role of Japan as a key tourism market for the Maldives. On this point, Ambassador Hobo assured the President of Japan’s wish to enhance promotion activities of the Maldives as a preferred tourism destination for Japanese holidaymakers,” reported the President’s Office.

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HRCM introduces benchmark for migrant worker rights

Coinciding with the International Migrants Day, the Human Rights Commission of the Maldives (HRCM) has launched a national benchmark for protecting migrant worker rights.

The benchmark was launched by HRCM President Mariyam Azra and Deputy Minister of Human Resources, Youth and Sports Naaif Shawkath at a ceremony held at Nasandhura Palace Hotel today.

Officials from various stakeholder institutions such as the Maldives Police Service and the Immigration Department were present at the ceremony, later taking part in a forum to discuss the utilisation of this benchmark in their work.

According to the commission, the purpose of having such a benchmark is to encourage protection of the rights of migrant workers and to provide a guideline highlighting the basic human rights principles to be followed.

It is based on the constitution of the Maldives, the Universal Declaration of Human Rights, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) and other human rights conventions to which the Maldives is a party.

While most of these standards are already obligations on the state, the benchmark itself is not something state institutions are obliged to follow, though the commission members noted the government’s willingness to accept it.

Speaking at the launching ceremony, commission member Jeehan Mahmood said she hoped all institutions would use it as a tool for protecting the rights of migrant workers. She noted the positive response from these institutions in meetings held within past few days to discuss the benchmark’s use in their work.

Advising the government in “formulation of laws, regulations and administrative codes concerning the promotion of a high regard for human rights and the protection and sustenance of such rights” is stated as a key function of the commission in the Human Rights Commission Act.

Speaking at the benchmark launching ceremony Deputy Minister Naaif advised all relevant institutions to accept the benchmark, and thanked HRCM for developing it. He said following it will standardise the work of all institutions.

In a press release issued today, the HRCM called on the state to facilitate implementation of  the recently ratified Anti Human Trafficking Act and reiterated their call to ratify and implement ICRMW as as soon as possible. The Maldives has agreed to ratify and implement this convention on various occasions.

The HRCM has cited the issue of healthcare as major challenge for undocumented migrant workers living in Maldives. According to a video presentation given at the ceremony, such workers hesitate to see a doctor even if they can afford to.

The video also showed that, out of all complaints submitted to the commission regarding rights of migrant workers, 68 percent of cases involved non-payment of wages, unfair expulsions, and the failure to provide food and shelter. 18 percent of cases were said to concern health issues while in detention.

Among other complaints received by the commission are the withholding of travel documents and work visas, refusing leave from work, and the termination of employment contracts without prior notice.

While there is no accurate official figures of the migrant worker population in the Maldives, the highest estimates suggest that it crossed the 100,000 mark in 2011, whilst the number of undocumented migrant workers have been placed as high as 44,000.

These numbers indicate that migrant workers might now represent more than one third of the total population.

The country was this year kept on the US State Department’s Tier Two Watch List for Human Trafficking for the fourth consecutive year, with promises that demotion to the third tier would be guaranteed in 2014 without significant progress being made.

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Court to rule on MDP MP Jabir’s trial next month

Criminal Court Judge Abdulla Didi has today said that the court will deliver a verdict on the trial of Maldivian Democratic Party (MDP) MP Abdulla Jabir, who has been charged with possession of cannabis.

According to local media, the last hearing was held at the Criminal Court where both the Prosecutor General (PG) lawyers and Jabir’s defense lawyers submitted the concluding statements.

Local paper Haveeru reported the prosecution as telling the court that the island Hondaidhoo was owned by Jabir and so the MP must take responsibility for the drugs found on the island as no one else has taken the responsibility.

Jabir’s lawyer told the court that the island was not under the control of Jabir and that he had not participated in any drug transactions. The defence lawyer also stated that the witnesses produced to the court by the state were police officers that had tortured Jabir, thus invalidating their their statements.

If Jabir is found guilty, he will have to serve a 15 year prison sentence and pay a fine of MVR25,000 to MVR500,000 according to Maldivian Drug Act.

A total of 10 people were taken into police custody on November 16 after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of suspected drugs and alcohol upon searching the island.

In August this year, the PG charged MDP MPs Abdulla Jabir and Hamid Abdul Ghafoor with smuggling alcohol into the country and with consuming alcohol.

Jabir and Hamid were also both charged with objecting to urine testing and possession of cannabis and alcohol.

Hamid’s failure to attend hearings for his case prompted the court to sentence him to 6 months, despite his claims to have been excused from the specified hearings due to parliamentary privilege.

After initial house arrest and a short stay in Maafushi jail, Hamid’s sentence was overturned by the High Court – though the alcohol and urine test cases are still pending.

The MDP has alleged that the treatment of its MPs, including, Jabir was noticeably different to those of other parties, accusing prosecutors of persecuting its members and supporters.

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