Tag: maldives

Removal of Supreme Court judges will have “chilling effect” on work of judiciary: UN special rapporteur

United Nations Special Rapporteur on the Independence of Judges and lawyers Gabriela Knaul has expressed serious concern about the removal of Supreme Court Chief Justice Ahmed Faiz and Judge Muthasim Adnan.

“This decision seriously undermines the independence of the judiciary in the country and will have a chilling effect on the work of the judiciary at all levels,” said Knaul.

The rapporteur called for a reconsideration of the pair’s removal, noting that it had been characterised by a “lack of transparency and due process”.

Removal of the judges followed amendments to the Judicature Act made in the People’s Majlis, which called for the reduction of the Supreme Court bench from seven to five.

The Judicial Services Commission (JSC) promptly selected Faiz and Adnan for dismissal, though the reasons for their selection were not shared with MPs who subsequently voted to dismiss both on December 14.

“The fact that the grounds for removal were not publicized is particularly unacceptable,” added Knaul in a statement released yesterday (December 22).

Knaul has joined numerous local and international organisations in condemning the move, while the political fallout in the Maldives has seen the expulsion of Majlis Deputy Speaker ‘Reeko’ Moosa Manik from the Maldivian Democratic Party (MDP).

Moosa was one of six MDP MPs who failed to attend the December 14 vote, despite a three-line whip being issued by the party.

Censure

The ruling Progressive Party of Maldives (PPM) has rounded on critics of the dismissals, with the party accusing Jumhooree Party leader Gasim Ibrahim of attempting to deceive the public when stating that the Maldives had received international censure.

Similarly, PPM Parliamentary Group leader Ahmed Nihan this week accused the US of hypocrisy after the State Department suggested the Maldives still has “issues” regarding judicial independence.

Local opponents to the move have included the opposition MDP and civil society groups, while the Civil Court bench passed a resolution stating that the Majlis had “forced” the JSC to deem Faiz and Adnan unfit for the Supreme Court bench.

Faiz himself has described his dismissal as raising doubts over the separation of powers and the continuation of judicial independence in the Maldives.

“Today will be written down as a black day in the constitutional history of the Maldives. I state this is a black day for the constitution. Taking such a vote against the constitution is, I believe, disrespectful to the constitution,” he told local media immediately after his removal.

Elsewhere, the International Commission of Jurists have called the decision an “astonishingly arbitrary” one which has “effectively decapitated the country’s judiciary”, while Commonwealth groups have expressed fears that the rule of law has been “severely jeopardised”.

Reform

In her own statement, Knaul noted that under both Maldivian and international norms judges could only be removed on grounds of incompetence or misconduct.

Knaul’s 2013 report into the the state of the Maldivian judiciary called for drastic reform, noting that the appointment of the current Supreme Court bench in 2010 had “no legal or constitutional basis” and that the JSC was unanimously regarded as “inadequate and politicised”.

“Since my visit to the Maldives in February 2013 I have been closely following a series of developments in the country that point at a serious deterioration of respect for the rule of law and the independence of the judiciary,” she warned yesterday.

UN special rapporteurs are independent human rights experts with mandates to report and advise on human rights from a thematic or country-specific perspective. Knaul was appointed to the position in 2009 after having worked as a judge in Brazil for over a decade.

Knaul’s 2013 report was welcomed by the Maldivian government – despite some suggestions that the country’s sovereignty was being undermined. The Supreme Court, however, has dismissed the findings.

After the Human Rights Commission of Maldives (HRCM) used recommendations from Knaul’s report in its submission to the UN Human Rights Council’s Universal Periodic Review this year, the Supreme Court initiated ‘suo moto’ proceedings against the commission in September.

The (ongoing) case against the HRCM followed similar charges against the Elections Commission (EC) in February, which resulted in the removal of the EC’s chair and deputy chair just weeks before the Majlis elections. The EC case was linked to the presidential election in 2013, in which the court was accused of “subverting the democratic process” by United Nations High Commissioner for Human Rights Navi Pillay.

Following the HRCM case, former Justice Minister Ahmed ‘Seena’ Zahir suggested the country was facing a “judicial dictatorship”, calling for immediate reform to end misinterpretation of the constitution.

Pro-government MPs have suggested the removal of the two judges is a move towards reform of the courts.

Attempts to obtain comment from officials at the President’s Office and the PPM were unsuccessful at the time of publication.


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Nolhivaranfaru ground water contaminated as flooding causes septic tank overflow

Severe flooding on Haa Dhaal Atoll Nolhivaranfaru Island has caused a sewage overflow resulting in contamination of the island’s ground water.

According to Nolhivaranfaru Councilor Adham Jaufar, torrential rains on December 18 and 19 caused damage to septic tanks on the island resulting in sewage overflowing in bathrooms and onto the streets.

The Health Protection Agency (HPA) has issued an alert expressing concern over health risks due to contaminated water, and urged Nolhivaranfaru’s residents to pay attention to cleanliness to avoid the spread of water-borne diseases.

“We appeal to the public to use chlorinated well water in all areas of the island, to only use boiled water or rainwater that has been stored safely for cooking and drinking and to pay particular attention to general cleanliness. We note it is important to wash hands with soap after using the bathroom or before cooking,” a statement by HPA said.

The National Disaster Management Center (NDMC) has said it has distributed chlorine to disinfect wells and puddles on the streets, and the HPA conducted an awareness campaign on health risks.

Although the 1,030 strong population have access to potable drinking water, the sewage overflow has left 47 households without any water for bathing or washing, Jaufar said.

Over 50 residents staged daily protests this week over the lack of safe water, but suspended activities today after an environment ministry team arrived on the island to inspect damage.

Protestors have warned they would resume demonstrations within three days depending on the outcome of the visit.

The Maldives National Defense Force (MNDF) has drained water from the streets and is now in the process of cleaning and draining overflowing septic tanks.

Jaufar said Nolhivaranfaru requires a sewerage system to prevent sewage overflow in the future.

The worst affected areas are at a lower elevation than the rest of the island, and residents of the 47 houses have to periodically drain septic tanks to avoid overflows, Jaufar said. Maldivian islands are on average only one meter above sea level.

Meanwhile, the NDMC has allocated 100 tonnes of water for Nolhivaranfaru, but the water has not yet been transported to the northern island as there are no mechanisms to store water there.

Head of the Environmental Protection Agency Ibrahim Naeem said the agency is waiting on a report from the ministry team on the extent of the damage.

In addition to a sewerage system, the island would also needs an artificial drainage system, Naeem said.

According to Jaufar, the government had promised a sewerage system in 2012, allocating funds for the project in 2012, 2013, and 2014. But there has been no progress yet.

In early December, a fire at Malé’s desalination plant left the capital’s 130,000 residents without running water. The government declared a crisis, set up water distribution centers throughout the city, and requested foreign governments for assistance.

India, China, and Bangladesh airlifted bottled water, and India sent in ships equipped with desalination plants to produce water for the capital.

Normal operations resumed at the Malé water plant on December 13.

In June, residents of Laamu Atoll Gan also staged protests over a sewage spill on the island following severe damage to the island’s sewerage system.


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Police Special Constabulary charged with security at Hulhumalé Hospital

The Maldives Police Services’ private security provider Special Constabulary Forces are now in charge of providing security at Hulhumalé Hospital.

“This move will give customers additional satisfaction and establish a safer environment,” the Hulhumalé Development Corporation’s Managing Director Suhail Ahmed said at a ceremony this morning.

Police’s Special Constabulary are also in charge of security at the Indhira Gandhi Memorial Hospital and the Youth Center in Malé.

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3G services must be available to all islands next year, says CAM

The Communication Authority of Maldives (CAM) has said that that all inhabited islands in the Maldives must have access to 3G internet services.

While universal coverage was previously optional for the country’s two telecommunications providers – Dhiraagu and Ooredoo – the regulator has said that new policies make 3G mandatory in all 196 inhabited islands.

Source: Haveeru; Sun Online

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Maldives backs new Chinese investment bank, pursues free trade deal

The Maldives is to back a Chinese-initiated international finance institution to be called the Asian Infrastructure Investment Bank (AIIB) while ministers have confirmed a free trade agreement is being pursued.

At a press conference today, the economic council revealed that the Maldives had asked to be included as a founding member of the proposed bank alongside the existing 21 countries, which includes both China and India.

Minister of Fisheries and Agriculture Dr Mohamed Shainee also revealed that China was to become the Maldives first free trade partner, demonstrating the pair’s excellent bilateral relations.

The requests were put forward during a recent visit to China by the Economic Council where discussions were held on proceeding with Chinese-assisted projects, while the Maldives officially signed up to the Maritime Silk Road project.

The AIIB, which is to start up with a proposed US$100 billion capital, is purposed with financing infrastructure projects in the Asia Pacific region.

The bank has been described by some media outlets as having been set up with the intentions of increasing Chinese influence in Asia at the expense of the IMF, ADB, and the World Bank.

The economic council today confirmed that the Maldives has officially agreed to participate in China’s silk road trade route – the third country to do so, although Chinese state media has reported more than 50 states as expressing interest.

The two countries have also agreed to engage upon free trade in the future, explained the council.

“The biggest advantage of the free trade will go towards fishermen. With free trade and the 12 percent export duty will be gone, thus the 12 percent becomes profit for fishermen,” said Shainee.

When questioned about the potential economic disadvantages which might occur because of a free trade agreement, Minister at the President’s office Mohamed Shareef said that both governments will make sure that the agreement leads to a ‘win-win’ for the countries.

“I want to mention that the free trade talks were initiated by the Maldives,” said Shareef. “China is willing to give us a lot of leeway into how we structure the agreement.”

Shareef also said – citing Chinese sources – that the Maldives is the number one South Asian destination for Chinese tourists at the moment. Chinese tourists currently make up around one third of all tourist arrivals to the Maldives.

The economic council also stated that work on the proposed new terminal at Ibrahim Nasir International Airport (INIA) is to begin in the next six to seven months and that the request for the loan to finance the project has been submitted to the Chinese Exim bank.

The council members also reiterated the importance of the proposed Malé-Hulhulé Bridge, saying that there is good progress and that the government is aiming to open it by the year 2017.


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Government transfers paralysed Indian woman to Guraidhoo Special Needs Home

The Ministry of Law and Gender has temporarily transferred an Indian woman suffering from paralysis below the waist to the Home for People with Special Needs on Guraidhoo Island.

The woman had married a Maldivian man 23 years ago, but her husband died two months ago, leaving her in the care of her husband’s niece, local media have reported

She had been living alone in a rented room, but her landlord had told her she must leave by Thursday as she could no longer afford rent.

Speaking to Haveeru, Deputy Minister of Gender Mohamed Zahid said the ministry is in discussions with the Foreign Ministry and the Indian High Commission to transport the woman to her family in India.

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MDP expels MP ‘Reeko’ Moosa Manik

The opposition Maldivian Democratic Party’s (MDP) disciplinary committee has today expelled MP and Deputy Speaker of parliament ‘Reeko’ Moosa Manik for breaching the party parliamentary group’s three-line whip in three Majlis votes.

The MDP’s National Executive Council last week asked the committee to penalise Moosa within seven days along with five others after their absence from a Majlis vote to dismiss former Chief Justice Ahmed Faiz and Justice Muthasim Adnan.

Others absent from the vote were Vaikaradhoo MP Mohamed Nazim, Velidhoo MP Abdulla Yamin Rasheed, Mulaku MP Ibrahim Naseer, Felidhoo MP Ahmed Marzooq, and Kurendhoo MP Abdul Bari Abdulla.

Disciplinary committee Chair Mohamed Shifaz said Moosa had failed to answer summons to answer charges, forcing the committee to levy harsher penalties.

The remaining five MPs have been ordered to issue a public apology as they breached the party’s three-line whip only once.

Shifaz said that if Moosa wished to rejoin the party, he must publicly apologise and gain 50 new members. However, he will not be allowed to contest in any party primary or stand for a leadership position in the next five years.

Moosa – who had announced he would contest the MDP’s presidential primaries in 2018 – is reported to be signing for the ruling Progressive Party of the Maldives (PPM) tomorrow.

Opposition aligned Raajje TV has meanwhile reported that the government has awarded Moosa’s Heavy Load Pvt Ltd three islands for resort development following the termination of an agreement to reclaim land in Hulhumalé.

The five other MPs will be dismissed from any elected or appointed posts within the party and from chair or deputy chair positions in any People’s Majlis committees.

If the MPs breach a whip-line again, they will be suspended from contesting party primaries or leadership positions for five years.

Nazim is to be suspended from participating in National Executive Council or Parliamentary Group votes for three months, while Yamin, Bari, Marzooq, and Naseer are to be suspended for six months.

Nazim is also to be dismissed from party committees for three months, and suspended from contesting party primaries or standing for leadership positions for the next two years.

Yamin, Bari, Marzooq, and Naseer are to be dismissed from party committees for six months, and barred from contesting party primaries or standing for leadership positions for the next three years.

Shifaz said he believes the party must also penalise MP Ibrahim ‘Mavota’ Shareef for submitting amendments to the Judicature Act that resulted in the dismissal of Faiz and Muthasim.

The MDP rejected the proposal immediately and Shareef voted against amending the Judicature Act and the dismissal of the two judges.

Shareef was expelled from the MDP in 2007 for refusing to cooperate with an investigation into allegations of sexual harassment. He went on to join the Dhivehi Rayyithunge Party (DRP) before rejoining the MDP in 2013 when the DRP decided to back Nasheed during November’s presidential polls.

MDP has said the sudden removal of the two Supreme Court Judges is an attempt to stack the judiciary in President Abdulla Yameen’s favour.

Commonwealth groups have described the judges’ removal as unconstitutional, saying it constituted a clear breach of the Commonwealth Principles to which the government of Maldives has subscribed.

“As a result the independence of the judiciary and the Rule of Law have been “severely jeopardised”.

The International Commission of Jurists said the Maldivian parliament and executive “have effectively decapitated the country’s judiciary and trampled on the fundamental principles of the rule of law and separation of powers in a democratic State.”


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Southern atolls sign pact to defend decentralisation

The Maldives’ southernmost atoll councils have signed a joint declaration calling upon the government to protect the country’s decentralised authorities.

Atoll councils from Gaaf Dhaalu, Gaaf Alifu, and Fuvahmulah, joined with Addu City Council to sign the Medheaari Declaration yesterday (December 21).

The pact, which includes measures to secure fiscal autonomy, comes after repeated moves by the central government to remove powers granted to Malé City Council under the 2010 Decentralisation Act.

“What happened in Malé, will it be repeated in the atolls?” asked Addu City Council Mayor Abdulla Sodig.

“We always have the fear that the government will come after Addu City Council after it deals with Malé City Council.”

Representatives of the four councils met in Addu City Hall yesterday to sign the six point declaration, which Sodig described as “historic”.

As part of the arrangement, the councils passed a resolution vowing that all fees collected by local authorities should be deposited in council bank accounts.

Despite provisions in the 2010 act allowing for revenue raising measures, amendments to financial legislation have yet to be introduced, meaning that fees raised by local authorities are still sent to the capital Malé.

The 2014 UNDP Human Development Report has pointed out that harmonising laws remains a key challenge facing the decentralisation transition, as well as suggesting a pressing need to reduce the size of government at all levels.

While the Maldives Inland Revenue Authority has recently established an office in Addu, the city council has refused to allow it to begin operations until it pledges not to interfere with local fee collection.

Sodig explained that Addu City Council does not currently send its local fees to the capital, though the neighbouring atoll councils still do.

The President’s Office has declined to comment on the Medheaari Declaration.

An additional point contained in the document includes sending a letter to to the Majlis saying that any amendments to the Decentralisation Act must be brought in line with the spirit of the country’s decentralisation laws.

Recently proposed amendments to decentralisation – from pro-government MP Riyaz Rasheed – called for a reduced number of local councils and to cut the salaries of all councillors except the council’s president.

At yesterday’s meeting, the councils also agreed to write to all government institutions requesting that they respect the Decentralisation Act and uphold the powers of the constitution, and its specific provisions on local governance.

The removal last week of further lands originally granted to Malé City Council prompted the capital’s mayor to condemn what he called the government’s systematic abrogation of the council’s powers.

“We are now only in charge of facilitating construction in Malé, issuing death and birth certificates and cleaning mosques. But the constitution clearly states the Maldives must be administered through decentralised councils,” said Mayor Mohamed Shihab at the time.

The southern atolls yesterday also pledged to meet annually as well as to sign a joint MoU on February 24, agreeing to work together on socio-economic issues.

The southern atolls have traditionally supported the current opposition Maldivian Democratic Party (MDP) – as is Malé City Council, which has labelled the government’s removal of its authority an attempt to destroy decentralisation.

All of Addu City’s 6 councillors are MDP members, while the party won just over 40 percent of island, atoll, and city council seats nationwide in January’s local elections. The elections commission was unable to provide information on the current distribution of councillors in Fuvahmulah, Gaaf Alifu, and Gaaf Dhaalu at the time of publication.

Previous comments from government officials have suggested that political decentralisation must follow economic development throughout the atolls.

“Land, labour, and capital – the central government and the regional governments are fighting for it as we don’t have enough resources even for the existing government to cover the budget deficits,” Minister of Tourism Ahmed Adeeb has explained.

“I believe when there’s enough economic activity we can give more powers to the councils.”

Analysts have suggested that political wrangling over the implementation of decentralised governance – which included wholesale revisions to the original act proposed by the MDP government – has left the atolls’ populations less empowered than ever.

Addu, Fuvahmulah, and Huvadhoo (containing Gaaf Alif and Gaaf Dhaalu atoll councils) currently contain 14 percent of the Maldives population.

The same three atolls declared independence from the central government in 1959, forming the short-lived United Suvadive Republic before government forces regained control in 1963.


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Health sector a top priority for 2015, says President Yameen

The 2015 budget will improve health care services in the Maldives, President Abdulla Yameen has said at the inauguration of a new wing of the regional hospital on Raa Atoll Ungoofaaru.

Identifying a lack of adequate health services on all islands as a top grievance, Yameen said his administration will not discriminate between islands or atolls in providing quality health care and will improve the country’s “severely deteriorated health sector”.

According to the 2015 budget, MVR3.4 billion (US$220 million) of the record MVR24.3 billion (US$1.5 billion) budget would be spent on health care. Of this amount, MVR3.1 billion (US$201 million) amounts to recurrent expenditure.

The opposition Maldivian Democratic Party (MDP) has criticised the lack of funds in the 2015 budget for the ruling Progressive Party of the Madlives’ (PPM) main healthcare pledges – the ‘doctor for every family’ and the sea ambulance in every atoll schemes.

The party has also highlighted the reduction of funds for medical care abroad from MVR31.3 million (US$2 million) in 2014 to MVR10.5 million (US$680,000) in 2015. The domestic health care budget was also reduced from MVR9.3 million (US$603,000) in 2014 to MVR6.5 million (US$421,000) in 2015, the party said.

Yameen said the government has now established sea ambulance services in seven atolls and employed a gynecologist in all atoll hospitals except Vaavu Atoll. He praised the availability of unlimited healthcare under the Aasandha national health insurance scheme.

On December 15, Defense Minister and acting health minister Mohamed Nazim met with Chinese People’s Liberation Army’s Special Commissioner Major General Kung Lee to discuss the technical expertise needed to establish sea ambulance services in the Maldives.

Yameen said the government’s priority is to establish a pharmacy through the state wholesaler State Trading Organization (STO) on every island. 57 pharmacies have been established this year alone, the president noted.

“If there is a pharmacy in every atoll, I find it easy to sleep at night. The government will provide the essential medicines. I am assured that citizens would get their required medicine at controlled prices,” Yameen said.

Former Health Minister Dr Mariyam Shakeela has previously highlighted the abundance of of counterfeit pharmaceutical products in the country as a challenge to the health sector.

Yameen last night said the Raa Atoll Regional Hospital, which caters to 15,000 people, will provide similar level of services available in capital Malé,

The hospital now has 12 specialist doctors as well as dentistry and dialysis units, explained Nazim.

President Yameen also criticised MDP’s rejection of the 2015 budget as “irresponsible,” and noted that Raa Atoll Alifushi MP Mohamed Rasheed had voted against the budget despite several development projects budgeted for his constituency.

“I would like to note, the MP rejected the budget despite development projects being budgeted for [the Alifushi] constituency. Citizens must know this,” said Yameen.

The MPs’ rejection of the entire budget is an indication they do not want development for their constituencies, Yameen said.

The MDP rejected the budget after the PPM had failed to back the party’s budget recommendations including allocating MVR100 million (US$6.4 million) and MVR75 million (US$4.8 million) respectively to provide subsidies for fishermen and farmers.

Other proposals included adding persons with disabilities and single parents as categories eligible for government subsidies to the poor and requiring the finance ministry to submit quarterly reports to parliament concerning the implementation of the budget.

The PPM did, however, scrap plans to impose a 10 percent import duty on staple foodstuffs and oil as advocated by opposition party.

Yameen last night said the government has built a harbour, and established complementary solar panel systems and a waste management system on Ungoofaaru this year.

In 2015, the government will establish a rainwater harvesting and storage system, build roads, renovate the football field, construct a sports arena on the island, and establish a new police station on the island, the president added.


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