Former President Nasheed denounces DQP’s economic criticism of GMR contract

Former President Mohamed Nasheed on Sunday slammed a pamphlet released by the Dhivehi Qaumee Party (DQP) which claims to detail the financial loss caused to the country through leasing the international airport to Indian infrastructure giant company, GMR.

“I assure you that no loss at all would be caused to the Maldivian people through having a foreign company manage the airport,” Nasheed assured the crowds of over 1500 supporters gathered at Maldivian Democratic Party (MDP)’s rally grounds Usfasgandu on Sunday night.

During his speech, Nasheed broke down the figures published in the book titled “Loss and Challenges of the long-term leasing of Male’ International Airport to GMR” written by current Special Advisor to the President, Dr Hassan Saeed. He further emphasised the inconsistencies that those figures held in comparison with the values he put forth with reference to external sources and the GMR contract.

“I am inclined to think that these people who have written this book must have studied their mathematics in an opium field in Afghanistan’s Kandahar. There is no other way that they could have gotten their arithmetic so completely wrong,” Nasheed said.

Nasheed said that while the book cites the MDP government’s estimation of a profit of MVR 45 billion in the next 25 years if GMR managed the airport, it went on to state that if the government took over management, they stood to receive a profit of MVR 60 billion (US$3.9 billion).

Elaborating on what the book had provided as backing for the said claim, Nasheed said “The first estimate they’ve made is that airport growth will increase by 25 percent every year. However, the IFC, World Bank, and other relevant international entities tell us that the rate of growth will be between 3.5 and 4.5 percent.”

“What is being said here is that the number of people coming to our airport far exceeds the number of tourist beds in the country. Even taking this to account, I see that they have sneaked in MVR 12 billion (US$778 million) to reach this 60 billion,” Nasheed said.

Nasheed added that the book had failed to consider the expenses that the Duty Free shops would pose, instead noting only estimated earnings.

“Usually expenses add up to 75 percent of earnings. Therefore, MVR 19.5 billion (US$1.26 billion) has been sneaked in to reach that 60 billion figure,” Nasheed stated.

“They also say that GMR is to invest MVR 4.8 billion (US$311 million) [over the lifespan of the contract] but I can without a doubt tell you that in accordance with the contract, GMR is to invest MVR 8.9 billion (US$577 million),” he further said.

Nasheed also pointed out that while the book claimed the government would finance the airport through a direct loan, they had omitted payment of any interest on the loan.

“In their accounting, they have not put down any expenses for the Maldives Airports Company Limited (MACL). These expenses are at least a MVR 110 million (US$7.14 million) per year, so again MVR 2.7 billion (US$175 million) needs to be taken out from this said MVR 60 billion.”

“In conclusion, the actual figures show that if MACL manages the airport, the government will receive MVR 18 billion (US$1.16 billion) over the next 25 years. Whereas if GMR manages it, the government will receive MVR 45 billion (US$2.92 billion) – that is MVR 1.6 billion (US$103.7 million) per year,” stated Nasheed.

Nasheed further claimed that under the contract, the Passenger Service Tax (US$18 US from foreigners and US$12 from locals) which used to be paid to MACL was now paid directly to the government.

“Thus in addition to the figures I’ve just shared, an additional MVR 324 million (US$21 million) will go into the government budget,” Nasheed claimed.

“No truth in government’s claims to nationalise airport”: Nasheed

Nasheed said that statements regarding “reclaiming” the airport from GMR were “highly irresponsible”, stating that such words from a government could cause irreparable damage to the country.

“Most of us citizens will doubtless understand that putting up banners with slogans all over the streets of Male’ and raising voices against India holds no benefits at all for the country,” Nasheed said, criticising the current ‘Airport Week’ being marked by the unity government parties.

Nasheed further alleged that airport nationalisation was a topic currently being used by political actors for their own personal interests .

“They are talking about the airport, and the religion of Islam, nationalism, national heritage and patriotism for the sole purpose of pulling the wool over people’s eyes and to orchestrate the coup,” Nasheed continued. “Even today they are not really trying to take the airport back from the GMR. This talk about the Adhaalath Party and Waheed’s government nationalising the airport has no amount of truth in it,” he said.

“I remember one mutinying officer on February 7 saying that he was there because the MDP government had sold the airport his father and grandfather had built. I want to say that the airport is still there. The only difference is that it roof is no longer leaking,” Nasheed said.

Nasheed ended his speech sharing his wish that the airport was developed by a capable company and that it would in future become the best of its kind across Asia.

Minivan News tried contacting Hassan Saeed, but he was not responding to calls at time of press.

DQP Secretary General Abdulla Ameen, President of the Adhaalath Party (AP) Sheikh Imran Abdulla, and Minister of Islamic Affairs and AP Member Sheikh Mohamed Shaheem Ali Saeed were also not responding to calls.

The Adhaalath Party has previously called on President Mohamed Waheed Hassan and other coalition parties to not conduct any communication with GMR which might disrupt the government’s push for airport nationalisation, a push it praised as “national jihad”.

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Former Deputy Police Commissioner faces prosecution over arrest of Dr Jameel

The Police Integrity Commission (PIC) has forwarded a case against former Police Deputy Commissioner Ismail Atheef for prosecution, following an investigation commission into its arrest of current Home Minister Dr Mohamed Jameel in January 2012, prior to the controversial change of government.

Dr Jameel was arrested under the administration of former President Mohamed Nasheed following a request made by the President’s Office to police, to investigate allegations made by the Dhivehi Qaumee Party (DQP) Deputy Leader that the then-government of Nasheed was working under the influence of “Jews and Christian priests” to weaken Islam in the Maldives.

The allegations were extensively documented in a publication released by the party, ‘President Nasheed’s devious plot to destroy the Islamic faith of Maldivians’.

The repeated release of Dr Jameel – also former President Maumoon Abdul Gayoom’s Justice Minister – by the Chief Judge of the Criminal Court, Abdulla Mohamed, led to the Nasheed administration’s arrest of Judge Abdulla.

PIC Deputy Chair Dr Abdulla Waheed told local newspaper Haveeru that the investigation had been concluded and that case sent to the Prosecutor General’s office to press criminal charges against the former Deputy Police Commissioner.

Dr Waheed told the paper that the arrest was unlawful as the procedure Atheef applied in arresting Jameel breached the Police Act.

When Dr Jameel was arrested and brought before the Criminal Court for extension of detention, Chief Judge Abdulla Mohamed ruled that the arrest was unlawful and ordered his immediate release.

Earlier last month, the Chair of PIC Shahindha Ismail resigned from the commission saying that the members of the PIC were not working to achieve the objectives of the commission and that the commission had failed to hold the police accountable.

“What I’ve seen in the actions of institutions is that they have been giving a lot of space for the police to act with impunity,” she said at the time of her resignation.

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Comment: Good governance and the judiciary – lessons to be learned

“The true administration of justice is the firmest pillar of good government.”

– inscription on the Supreme Court building of New York

Simple and fundamental as it is, this inscription, totally captures the idea that I am trying to convey. That is, good governance is impossible without a strong, independent and fair judiciary. Hence, we need to pay serious attention to this for future development of our country.

Examples around the globe abound, supporting the profound words in the inscription.

First, let us look at the fashionable phrase “good governance”, introduced by a World Bank study in 1989, linking governance with development. Despite different, closely-related definitions, most believe that good governance should encompass certain characteristics such as people’s participation in the governing, consensus, equity, transparency, efficiency, accountability, responsiveness and judiciary.

Of all these characteristics, this article will concentrate on the importance of the judiciary in good governance: the inter-relations and the effects on each other.

One of the important features of the judiciary is its independence. An independent judiciary is of utmost importance for good governance rule. A case in point is the classic example of Somalia, which is categorised as a “failed state.” At the centre of this failure lies governance.

The failure of governance in Somalia is closely tied to the relationship between the judiciary and government. For example, in 2004, the then-President had the power to appoint and dismiss judges as he pleased. This signifies a non-independent judiciary, which is over-powered by the executive. Another crucial factor that contributed to the collapse of the state was the government’s failure to uphold the constitution. It merely paid lip-service to the constitution.

The process works the other way too. For example, research on Africa shows that corruption and weak administrations weaken the regime. This, in turn, weakens all the laws, whether good or bad. In short, the absence of good governance gives way to weak laws. If laws and regulations do not exist or are weak, the three powers start running the government with their “thumb”. This means authoritarian rule, which could hinder development.

Corruption within the judiciary can be seen in the Peoples’ Republic of China where it is a serious threat to good governance as it leads to courts being unresponsive to the country’s complex society and undermine the legitimacy of the law and government. The problem in China is the deeply-rooted concept that laws must be used to strengthen state capacity and fulfill political ends.

Another case where judicial corruption prevails is Indonesia, where the Supreme Court’s integrity value has ranked amongst the lowest. The result is that the public does not see the Supreme Court as the provider of justice, and instead, the public perceives it as part of the rule of law problem which provides a serious drawback to good governance.

In Pakistan, governance failure, among others, is at the heart of the country’s constraints to growth. This is, partly, due to the less independent nature of the judiciary in which the courts do not protect the lender against the loan-defaults who do not pay their loan, or from ambiguous land titles constraining mortgage financing and construction activity.

Nepal is a case where constitutional structures are not sufficient to create an independent, impartial and accountable judiciary. Some scholars believe that planning and visionary leadership are instrumental for meaningful and lasting changes to take hold. Simply taking action against a few judges is not adequate.

In Mexico, the confused state of the judiciary effects the government in a negative way. Here, the problem is the existence of suspicion between legal thinking and politics.

Now, what lessons can we learn from the very limited examples given above, and from some others?

  • Lesson 1. The judiciary should be independent of the executive and the legislature. It should not be influenced or over-powered by the executive or the legislature; or even a former executive and his/her cronies. However, this does not mean that the judiciary is above the law or outside the law.
  • Lesson 2: We should have a judiciary in which people have trust and faith, as in the case of our “Big Brother” India whose Supreme Court is said to be “one of the most powerful institutions of its kind” in the world. The importance of this is that the judiciary has performed well, sustaining the trust of the people in its independence.
  • Lesson 3: We should use democracy to fight judicial corruption and not judicial corruption to undermine democracy, as in Chile where, after the military dictatorship, the role of democracy was used as a punishment and a preventive mechanism to hinder exceptional emergence of judicial corruption.
  • Lesson 4: Corruption in the judiciary should be gotten rid of before its roots dig even deeper into our behavior, making it the accepted norm.

The way forward: Let’s fight to reorganise the judiciary to pave the way for good governance, without which there is no hope for our country. We might as well sink into the beautiful, deep blue Indian Ocean.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Police arrest 37 year-old man in connection with pregnant 11 year-old

Police have confirmed that a 37 year-old male is being held in custody in connection to an investigation into the case of an 11 year-old girl who gave birth to a premature baby on Thursday, November 1.

The confirmation was made as high-profile politicians, public figures and NGOs have launched a wider debate on child abuse and responsibility towards the welfare of young people in the Maldives.

Both government-aligned and opposition figures have called for authorities to properly investigate the pregnancy and alleged abuse of the girl, a stance backed by the Maldives’ Ministry of Islamic Affairs, which has labelled the matter a “very serious” and “dirty crime”.

The 11 year-old girl, who cannot be identified due to her age, gave birth to her child two months prematurely on Thursday.

Her child later died early morning on Friday (November 2), after being taken to Feydhoo regional hospital in Seenu Atoll for further treatment, with medical officials telling local media at the time that the girl had said she had been the victim of multiple cases of child abuse.

Police Spokesperson Sub Inspector Hassan Haneef told Minivan News today that a 37-year old male was presently being held in custody in relation to the case, but could not confirm if the 11-year old girl herself was presently under observation by authorities or was back with her family.

Islamic Affairs Minister Sheikh Mohamed Shaheem Ali Saeed told Minivan News he was aware of the ongoing investigations into the matter, which he labelled “a very big crime,” adding that the young girl should not herself take any blame or punishment.

“Personally I can’t say any word to punish a small girl in grade six. This may be a rape or sexual abuse case,” he said.

“We must find the man who did this dirty crime and he must be punished. I believe this to be a very serious case and have this morning talked with the Human Right’s Minster and Attorney General regarding the [issue].”

The Minister for Gender, Family, and Human Rights is presently is mandated to deal with the matter.

Gender Minister Dhiyana Saeed referred Minivan News to Dr Aishath Rameela, State Minister for Gender, Family, and Human Rights.

Dr Rameela was not responding to calls at time of press.

Twitter debate

Debate over the case has raged on social media over the last few days.  Political figures including MP Rozaina Adam of the Dhivehi Rayyithunge Party (DRP) stressed via Twitter that investigations conducted by both the police and the Maldives Gender Ministry of were proceeding at “top speed”.

Rozaina, who labelled the case as both “unacceptable” and “shocking”, demanded on social media that police make the case a high priority and find the person responsible for fathering the child.

“An 11 year-old doesn’t get pregnant by herself! This is child abuse we are talking about here n authorities need  to find out who is responsible,” she wrote on the social media service.

Rozaina was not responding to calls from Minivan News at the time of press.

Meanwhile, Ali Rameez, a famous singer who gave up music and now heads the Islamic NGO Jamiyyathul Salaf, tweeted on Friday: “All you people who claim to be Muslims! In Allah’s Shariah [law], a child grows up when he or she reaches puberty. Not when they turn 16, 18, 25.”

Rameez, who also hosts a religious program on private radio station SunFM, tweeted earlier that he was “not aware that children could get pregnant.”

The comments were criticised by some social media users including former Environment Minister Mohamed Aslam, who tweeted: “Where are the children’s right groups… Where is HRCM.. Horrified with the preaching of people like Ali Rameez.”

Outside of the political sphere, local NGO, Advocating the Rights of Children (ARC) yesterday issued a statement calling on the government, civil society organisations and the general public to step up efforts to combat child abuse in society.

“ARC strongly condemns the recent case of child abuse resulting in the pregnancy of an 11 year-old child. ARC calls upon the authorities to utilise all necessary resources to ensure the safety and protection of the child,” the statement read It is an obligation for us as responsible citizens to protect our children, and it is the Maldivian government’s obligation as a signatory to the Convention of the Rights of the Child (CRC) that all international commitments to protect the rights of all children are adhered to fully.”

ARC also highlighted the importance of respecting the child’s privacy, while urging parliament, the government and the nation’s judiciary to take “action urgently” over the case.

“We also call on the relevant state institutions, civil society and other international entities in the country to take all precautionary measures to prevent violations of children’s rights, protect their safety and well-being, and to maximize their efforts to address comprehensively the issue of the violations of children’s rights in the Maldives,” the statement added.

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JSC asks Supreme Court to look into legality of Hulhumale Magistrate Court

Former President Mohamed Nasheed’s legal team has stated that neither the Attorney General’s Office nor the Prosecutor General’s Office presented any arguments to confirm the legality of the Hulhumale’ Magistrate Court at Sunday’s hearing at the High Court.

Member of the legal team, Hisaan Hussain, however stated that the Judicial Services Commission (JSC) had used the opportunity to present its case.

At a press conference held Sunday, Hisaan further stated that they felt it would be unjust for the Hulhumale’ Magistrate Court to be presiding over any case after Nasheed’s case was temporarily halted over allegations of the court being unlawfully established.

JSC lawyer Abdul Fahthah stated in court today that the JSC had lodged a case at the Supreme Court on the same morning asking the court to look into the matter of the legality of the Hulhumale’ Magistrate Court.

Meanwhile, the Hulhumale’ Magistrate Court has stated that along with Nasheed’s trial, the trials of the other four persons regarding the arrest of Criminal Court Chief Judge Abdulla Mohamed have now been temporarily halted.

In addition to Nasheed, former Minister of Defence and National Security Tholhath Ibrahim Kaleyfanu, former Chief of Defence Force retired Major General Moosa Ali Jaleel, retired Brigadier General Ibrahim Mohamed Didi and Colonel Mohamed Ziyad are also being tried individually for the same case.

The Hulhumale’ Magistrate Court held the first hearing of Nasheed’s case on October 9. The second hearing had been scheduled for November 4, which was cancelled following the injunction granted Sunday morning by the High Court.

Nasheed’s legal team has previously raised concerns about the legality of the Hulhumale’ court, citing Article 141 (a) of the Constitution and Articles 53 (b) and 62 of the Maldives Judicature Act.

Minivan News was unable to contact the PG Office and the AG Office at the time of press.

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Criminal Court extends detention period of two suspects arrested in Afrasheem’s murder case

The Criminal Court has extended the pretrial detention period of the two suspects arrested in connection with the murder of late MP and religious Scholar Dr Afrasheem Ali by another 15 days.

According to local newspapers the pair was brought to the court on Friday.

Local media has identified the two suspects as Ali Hashim ‘Smith from the island of Dhidhoo in Haa Alifu Atoll and Hassan Humam from Male’.

Minivan News understands that another boy was arrested in connection with the case, who became a suspect after the police noticed that on the night of Afrasheem’s murder he wore the same colored shirt as caught on the CCTV footage near the area where Afrasheem was murdered.

According to sources the boy had not been released yet.

Afrasheem was killed on October 1. His wife discovered the body lying on the staircase of their home.

Immediately prior to his murder Afrasheem had made his last public appearance on a live talkshow on TVM titled “Islamee Dhiriulhun” (Islamic Living).

In his last words, Afrasheem said that he was deeply saddened and asked for forgiveness from citizens if he had created a misconception in their minds due to his inability to express himself in the right manner.

Minister of Islamic Affairs Sheikh Shaheem Ali Saeed was quoted in local media as saying that the Islamic Ministry had not forced Afrasheem to offer a public apology for anything during his last television appearance and disputed that there was any religious motivation in the death of the moderate scholar.

The Maldives Police Service (MPS) has sought assistance from the US Federal Bureau of Investigation (FBI) and the Singaporean police to analyse 200 items collected as evidence during the ongoing investigation.

Evidence gathered so far includes recordings of phone conversations, forensic samples and over 300 hours of CCTV footage, which were being analysed at the police forensic laboratory with the help of foreign experts.

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Comment: Partying time may soon be over for small parties

Partying time may soon be over for a bunch of minor political parties in Maldives, if the unanimous decision of Parliament’s Committee on Independent Commissions is anything to go by.

According to the committee’s decision, political parties will require a minimum of 5,000 verifiable members to be recognised by the nation’s Election Commission as such. They would have to have double that number if they intend seeking Government funding under the law.

At present, political parties need to have 3,000 registered members for recognition under the law. The Constitution has also earmarked one percent of the nation’s GDP for election funding, to be distributed in proportion to the number of registered members of individual parties.

Though fewer than a few thousand voters are there in each of the 77 parliamentray constituencies, electioneering is a costly affair in the archipelago, thanks to the high cost of commuting between the widely-spread islands. The nation has a directly-elected Executive President of the US model, but with a 50-per cent-plus-one vote-share for election. Where none of the candidates make it in the first round, the top two move on to a second, run-off round.

All this makes the electoral campaigns costly and competitive for political parties. What’s more, political parties have to fund other elections under the new scheme, for the 77-member Parliament and the decentralised local councils and the seven newly carved-out province and island  councils, too.

Given the infancy of the new scheme, it has become necessary for the national leadership of all the parties to be seen as campaigning even for by-elections to local councils, as this would also be an occasion for presidential and parliamentary hopefuls to reach out to the electorate at that level. State funding thus helped lessen the financial pressure on individual political parties.

Media reports quoting parliamentary committee Chairman and Kulhudhuffushi-Dhekunu MP Mohamed Nasheed, said that considering the nation’s population-size only parties with 10,000 members could be considered to be politically influential. They could be given state funding, to promote ideas, he said, indicating that the discussion in the committee on this particular issue was lengthy and exhaustive.

As and when Parliament passes the committee’s proposal into legislation, parties with less than 5,000 registered members at present would be given six months to enroll more. Those enrolling with the Election Commission after the current proposal comes into force will be given three months for the purpose. “Parties that fail to have 5,000 members within this period will be abolished,” he was quoted as saying.

Three identifiable groups

Political parties in Maldives can be classified under three identifiable categories at present. At the top are the three major parties with substantial membership and parliamentary presence. Topping the list overall is the Maldivian Democratic Party (MDP) of former President Mohammed Nasheed, followed by his predecessor Maumoon Gayoom’s Progressive Party of Maldives (PPM), and the latter’s earlier party, namely, the Dhivehi Rayithunge Party (DRP), headed by Thasmeen Ali.

In a nation with a population less than 400,000, the MDP claims close to 50,000 members. After the vertical split, the DRP and the PPM are yet to prove their split figures, though the latter is believed to be the stronger of the two.

Then there are three other political parties with parliamentary presence, but which are not in the same league as the earlier three. Among them the People’s Alliance, founded by Gayoom’s half-brother Abdulla Yameen, has formed a common parliamentary grouping with the PPM with the latter as its leader.

The Jumhoree Party (JP), or the Republican Party, is headed by former Finance Minister Gasim Ibrahim. The Dhivehi Quamee Party (DQP), whose leader, Dr Hassan Saeed, was, amd is a Special Advisor to Presidents Nasheed and incumbent Waheed Hassan Manik, also has a limited parliamentary presence. However, neither the membership of the JP and the DQP, nor their parliamentary representation, obtained through the May 2009 elections now reflect the 15-plus and 16-plus per cent vote-shares registered by Gasim Ibrahim and Hassan Saeed in the first round of presidential polls in 2008.

The last grouping of political parties in the country comprise those that are enrolled with the Election Commission with the existing 3,000-member requirement and may or may not be active – but do not have any parliamentary representation.

Included in the list of eight parties, ironically, is the Gaumee Ihthihaadh Party (GIP) of President Waheed, and the religion-centric Adhalaath Party (AP), or the Justice Party.

While the AP is more vociferous than most political parties in the country, barring possibly the MDP, the party recorded probably less than one per cent vote-share in the presidential polls of 2008 and could not win a single seat in the parliamentary elections only a few months later. However, the AP did manage to win a little more than a handful of seats in the local council elections, conducted under a new law for regional governance, in March 2010. Interestingly, both the AP and the GIP – the later did not contest either the parliamentary elections or the local government polls – have ministerial representation in the governments of President Nasheed, and now Waheed.

The GIP, as whose founder President Waheed was the alliance partner of the MDP for the presidential polls, and became Vice-President as Candidate Nasheed’s running-mate, did not register with the Election Commssion until after it had become too late for the 2008 polls. It did not field any candidates in the later-day elections.

Both the AP and the GIP have another thing in common. Continuing as allies of the government, they saw their ministerial representatives deserting the parent party and joining the MDP, and continue in the government under their new identities.

‘Guided democracy’ or what?

At the conclusion of the 2009 parliamentary polls, as MDP leader, President Nasheed spoke about how the nation had voted for what was tantamount to a two-party system, and welcomed it as a step in the right direction.

As he had pointed out, his MDP and the undivided DRP of the time had managed to win a substantial number of the total 77 seats in the People’s Majlis, or Parliament. Post-poll, defections across the board made the MDP the single largest party in Parliament, and it remains so despite losing two seats in by-elections held after President Nasheed’s resignation on February 7.

The ‘People’s Alliance (PA), which has formed a common parliamentary group with President Gayoom’s PPM since, had come third with seven seats in the 2009 polls. Its ambiguous identity as a separate political party when its founder is said to be an aspirant for the PPM’s presidential nomination, may cause the leadership to revisit its continued existence and separate identity. Other parties had either won less than a handful of seats each, or drawn a blank like the religion-centric AP. Their performance in the 2010 local council elections too was nothing much to go by.

Opinion is however divided over the wisdom of letting the current mushrooming of political parties to continue. While the PPM and DRP, for instance, seem to be sharing the MDP’s views, though their official position is not known, other parties may have a problem accepting the current course – for reasons of their own, and also in the larger cause of democracy.

Indications are that the parliamentary committee having been represented by only those with legislative representation, those that are left out now may be considering the possibility of moving the courts against any new law regulating their continuance, if and when it came into force.

At the end of the day, democracy is all about facilitating louder voice and larger political space even for those left out of the mainstream, otherwise. Or, so goes the argument. However, democratic exception have been made in the legal sense of the term, where ‘reasonable restriction’ has been used as a valid judicial argument to delineate one from the other, ‘men from the boys’.

The question before the nation thus is this: whether, it should continue with what is inherent to the polity as a ‘coalition model’, as witnessed in the 2008 presidential polls, and beyond – though not to the same extent, or to encourage consolidation under identifiable electoral entities?

In the medium-term, consolidation may hold the key to political stability at a crucial stage in the nation’s contemporary history of democratic transition. The trickle-down politico-electoral effect of democracy, particularly in the Third World South Asian neighbourhood, points to the inevitability of splits and splinters emerging, if only over a period, institutionalising the inevitability of coalition politics of one kind or the other.

The US, where a ‘third candidate’, Independent Ross Perot, polled as high as 18.9 per cent of the popular-vote in the 1992 polls, seems to have handled it differently, since. Political commentators and leaders of the two mainline parties in the country, namely the Democrats and Republicans, called the ‘Ross Perot Effect’ an “aberration that will not be allowed to continue”. Subsequent presidential polls have proved as much, and the globally-televised public debates of presidential hopefuls, among others, are tailored to keep out ‘non-serious candidates’, thus making the world’s most powerful democracy also the ‘most guided’ of all democracies.

Apart from the judiciary, the Election Commission itself may have its views, but its relevance would be more political than legal. Technically, President Waheed too may consider returning any Bill passed by Parliament for regulating political party membership and state funding, for reconsideration.

It would then remain to be seen if the Majlis would the stomach to revisit the Bill and return to the same conclusion, if the original conclusion itself is one of endorsing the committee’s current proposition. It may thus be too early to say which way Maldives would go, but the fact is that Maldivians have started thinking ahead in the matter – and there is an element of unanimity among the ‘big players’ for now, if one were to go by the media reports.

The writer is a Senior Fellow at Observer Research Foundation.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Police commence investigation after 11 year-old child gives birth

An 11 year-old girl who on Thursday prematurely gave birth to a child is said to be in a stable condition, as police today confirmed investigations were now under way into the case.

The girl, who cannot be identified due to her age, gave birth to the child two months prematurely. The child died early morning on Friday (November 2), after being taken to Feydhoo regional hospital in Seenu Atoll for further treatment, local media has reported.

The Maldives Police Service confirmed investigations into the matter were taking place, but said further details could not be disclosed due to the age of the child and the risk she could be identified and face possible recrimination.

A police spokesperson was unable to confirm the nature of the investigation at present.

However, local newspaper Haveeru, citing what it called reliable sources, reported that the girl had allegedly been a frequent victim of sexual assault before becoming pregnant.

“She came here with her mother complaining of constipation and stomach pain. Doctors had examined her and given an injection. But when she started to complain of severe pain, upon further examination doctors found that she was pregnant. The girl admitted that she got pregnant after someone had sexually molested her,” Haveeru quoted a local health centre official as saying.

The Health Ministry has meanwhile forwarded further requests for information on the case to the Ministry of Gender, Family and Human Rights, which is mandated to deal with the matter.

Gender Minister Dhiyana Saeed was not responding to calls from Minivan News at the time of press.

Abuse statistics

Almost one in seven children of secondary school age in the Maldives have been sexually abused at some time in their lives, according to an unpublished 2009 study on violence against minors.

Rates of sexual abuse for girls are almost twice as high than for boys at 20 percent – one in five girls have been sexually abused – while the figure for boys was 11 percent. Girls are particularly at risk in the capital Male’, the report found.

In recent years, local authorities and NGOs have released a number of findings trying to detail the extent of child abuse and wider sexual assaults within society.

The state-run Indira Gandhi Memorial Hospital’s (IGMH’s) Family Protection Unit reported in 2010 that the centre was notified of 42 cases of rape between 2005-2010. Most of these cases were found to involve minors.

According to the Human Rights Commission of the Maldives, 13 rape cases were reported last year alone, the majority of which most were gang rapes or assaults involving minors.

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Participation of UK legal experts in Nasheed trial a “unique challenge”

A Maldivian legal expert has described the use of foreign legal experts in the trial of former President Mohamed Nasheed as “unique”, pointing out that the Maldivian legal system makes it particularly difficult for such experts to contribute to proceedings.

Mohamed Shafaz Wajeeh, a practising layer in Male’ and former Director of the Legal Director at the Human Rights Commission of Maldives (HRCM) said that while foreign advisers to corporate clients was fairly common, foreign experts for a specific criminal case was not.

“From a common law/international standards perspective, I believe foreign legal involvement is very much prevalent, especially if you consider the number of foreign legal experts who would be advising corporate clients operating in the Maldives in resorts, major telecom providers etc,” Wajeeh told Minivan News.

“However, the Nasheed trial is unique in that common law/international standards perspective expertise is being brought in for stated involvement in a specific criminal court case, as part of the defense team, not merely on a corporate/commercial transactional matter in an advisory capacity,” he added.

Nasheed’s Maldivian Democratic Party (MDP) revealed earlier this month that it was to add the expertise of two UK-based lawyers to the legal team working on the Judge Abdulla Mohamed detention case.

Sir Ivan Lawrence QC and Barrister Ali Mohammed Azhar were brought in to work alongside Hisaan Hussain, Abdulla Shair. On Thursday, it was announced that Kirsty Brimelow QC – a human rights expert – would also join Nasheed’s defense team.

Azhar is an expert in Shariah law – the Maldives legal system encompasses a combination of common and Shariah legal practices.

“It is not uncommon for foreign legal experts to be involved in transactional matters in an advisory capacities, but virtually never as Shari’ah experts (in recent history),” said Wajeeh. “What’s unique is for foreign legal experts to be involved in a criminal case – in the defence team, and especially in a court case.”

Lawrence, Azhar and Brimelow will work alongside Hisaan Hussain, Abdulla Shair, Hassan Latheef and Ahmed Adbulla Afeef – although the latter two have been barred from appearing in court on technical grounds.

Afeef will not be allowed to attend the hearings in an official capacity after failing to sign the Supreme Court’s new “Regulation on Lawyers practicing law in the courts of Maldives”.

Wajeeh cited this particular regulation as “disturbing” and “dangerous” – further sign, he feels, of the need for major reform of the judicial arm of the state which he described as undeveloped and “primeval”.

Latheef cannot appear as he has been listed by the Prosecutor General (PG) as a witness to the detention of the Judge. Latheef described the inclusion of his name on this list as unnecessary and “irrelevant” as the judge’s detention was not in question.

In the press release announcing Brimelow’s inclusion in the case, appearing on Nasheed’s website, it was acknowledged that legal restrictions would also prevent any of the UK experts appearing in court.

“I imagine they would be severely restricted – if not intentionally, then due to the structure of the legal system,” said Wajeeh.

“Foreign legal experts can’t attend as lawyers, they can’t attend in Nasheed’s stead either (only lawyers may represent individuals in criminal cases),” he added.

“I’m not really sure if they can sit at the bench even. My understanding would be, if the foreign legal experts are to be allowed into the Court room at all, they would have to go in and sit in the public gallery,” he continued.

Latheef explained that Ms Brimelow was the only member of the legal team scheduled to be present in Male’ for the trial, and that the team would be applying for a permit from the Attorney General to allow her to appear in court.

“This has been done once before,” explained Latheed, “although the lawyer involved was married to a Maldivian.”

Wajeeh also noted that there were certain procedural factors which would make it difficult for UK experts to fully participate in the case, in particular the use of Dhivehi in the courts without English translation services being readily available.

“The foreign lawyers would of course be free to offer their views and opinions to the appointed defence team on drafting submissions and responses in defence of Nasheed, given the documents are efficiently translated for their use,” explained Wajeeh.

“This would mean they could play a minimal role in the formal hearing, although could potentially play a crucial role in how the defence argument takes shape.”

Nasheed’s trial continues tomorrow at 4:00pm at the Hulhumale’ Magistrate Court, which is has been temporarily relocated to Male’ for the purpose of the case.

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