Tag: maldives

Qatar flight delayed in payment dispute over ground handling charges

A Qatar flight scheduled to fly to Doha on Sunday night was refused permission to depart Ibrahim Nasir International Airport (INIA) following the airline’s ongoing refusal to pay increased ground handling charges.

The move came after the airline’s CEO Akbar Al Baker last week was recently reported as stating that Qatar would re-consider flying to the Maldives if airport operator GMR insisted on a 51 percent increase in ground handling charges.

“If we or any other major player withdraws services because of these unwarranted and draconian measures, it will be the people of the Maldives who will lose out, affecting their livelihoods as they rely heavily on the tourism industry,” Al Baker said.

Minivan News reported yesterday that GMR had requested that Qatar pay cash for the day’s flights.

INIA CEO Andrew Harrison told Minivan News today that the flight had been refused permission to depart due to the airline’s lack of payment of the revised charges.

The flight was delayed an hour and 20 minutes, he said, before GMR allowed it to depart “on compassionate grounds. There were women and children on board and passengers with international connections to make, who were being inconvenienced through no fault of their own,” he said.

Minivan News understands that GMR is currently in talks with several airlines regarding back payment of the increased charges. The company has said it will release a formal statement later in the week.

“MACL (Maldives Airport Company Limited) announced the revised charges in February 2010, after 14 years without increases,” Harrison said. “The charges are still below those for the same aircraft sizes at other airports in the region.”

MACL’s revised charges came into effect on 1 November 2010, Harrison explained. “They had an obligation to give six months notice, and they gave nine. We took over on 25 November. We included [the revised charges] as part of our business and revenue.”

Qatar’s Country Manager for the Maldives Sayed Mohammad Tariq said the matter was being dealt with at head office level by the airline’s senior management.

“Qatar’s CEO made his position very clear. We have nothing to say at station level,” he told Minivan News.

Morning and evening flights on Monday were cancelled. However Tariq said no decision had been made to cancel future flights which remained in the airline’s booking system.

The airline was today taking care of passengers affected by the payment dispute, he said. “We are taking care of all passengers and putting them on other flights.”

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Maldivian couple held three months in Indian jail over visa issue

A Maldivian couple have been detained in India over a visa issue for more than three months, reports Haveeru.

The paper reported the couple’s son as telling the paper that his parents had asked another Maldivian woman to renew their visa when it was about to expire, and that they had stayed on relying on the documents that were handed to them by the woman. The documents were subsequently identified by Indian police as counterfeit.

The Foreign Ministry told the paper that officials at the Maldivian Embassy had visited the couple. Their case was currently in court and that they could not return to the Maldives until the court concluded the case, the Ministry said.

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Police use tear gas to disperse opposition and ruling party protesters as demonstrations continue

Police last night used tear gas to disperse a crowd of protesters who had gathered in an ongoing series of protests, held following the arrest of Criminal Court Chief Judge Abdulla Mohamed by the military.

Opposition protesters gathered near the Dhivehi Rayyithunge Party (DRP) office opposite the artificial beach, while  Maldivian Democratic Party (MDP) supporters also gathered in the area.

The two groups shouting at each other over loudspeakers until midnight, accusing the other side of corruption along with other allegations.

At one point, according to local newspapers Haveeru and Sun, MDP protesters accused President of the Adhaalath Party Sheikh Imran Abdulla of sleeping with his sister-in-law, to which the Sheikh responded over his loudspeaker, “swearing by God” that the allegation was false and saying he would file for defamation.

Police attempted to enter the DRP head office several times, but were blocked by officials inside who denied then entrance without a court warrant.

After midnight police warned both groups of protesters to leave the area. After warning both sides several times, police threw tear gas canisters into the crowd, which dispersed.

Before the protest was dispersed, opposition protesters announced that they would gather again tonight.

A police spokesperson told Minivan News that police had asked both groups to leave the area.

”We warned them at 12:00am and then dispersed the protest,” he said. “We have not received any information that any person was injured except for a woman who suffered minor injuries.”

He said seven persons who disobeyed police orders were arrested, and one was released.

”The other six persons are still in police custody,” he added.

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Maldives facing serious constitutional crisis: Eurasia Review

There is no doubt that the judiciary in the Maldives is in a mess with many unqualified and incompetent people having made it into the judiciary in the void created during the transition period, writes Dr S. Chandrasekharan for the Eurasia Review.

“The ICJ report of July 2010 pointed out the legacy of an authoritarian past in which the President was the supreme judicial architect that has tested the transition.

“Another factor which inhibited proper selection was that the Judicial Service Commission failed to fulfill the constitutional mandate of properly vetting and reappointing the judges. Even the composition of the commission was questionable. Imagine Gasim Ibrahim being a member – he is a politician and leader of one of the active political parties. He has extensive business interests and there will be an unavoidable clash of interests.

“In the year 2005, the then Attorney General and now a leader of the DQP has himself reported against the judge and the allegations included misogyny, sexual deviance, throwing out an assault case despite the confession of the accused. The Judicial Commission took its own time to enquire into the allegations and meanwhile the judge approached the civil court and stopped the enquiry!

“The judge would have got away with all this but what triggered the anger of the government was that he issued orders for immediate release of two persons from custody – Dr Jameel, the Vice President of DQP and Sandhaanu Didi for asserting in a private broadcasting station that the government was working with the Jews and Christian priests and encouraging vice. Didi went further and made personal attacks against President saying that the President was a madman and a Christian!

“Confronted by the police, the two were not able to substantiate the allegations and were therefore taken into custody under 125 of penal code which said that a ‘person can be punished for making a fabricated statement or repeats a statement whose basis cannot be provided.’

“The Chief Judge of the Criminal Court Abdulla Mohamed ordered the immediate release of the accused and the Police with the help of the MNDF in turn arrested the judge of the criminal court.
Police Sources say that the Judge was arrested for unethical conduct in obstructing the Police in exercising their responsibilities to preserve law and order in the society.

“The High Court ordered the release of the judge stating that the arrest was illegal. The Chief Justice Ahmad Faiz and the Prosecutor General also issued orders for the immediate release of the judge.

“The JSC (Judicial Service Commission) also issued a press note that it is not in the jurisdiction of the armed forces or the Police to take action against the judge.

“The Vice President has in his blog has said that the arrest is against article 319 of the “Universal Declaration of Human Rights. Further it is against the international covenant of civil and political rights and international convention for the protection of all persons from enforced disappearance. He suggested that the judge should be released and then make the JSC fulfill its responsibilities.

“The Secretary General of SAARC and a former attorney General Fathimath Dhiyana Saeed, the youngest and the first female Secretary General, condemned the arrest in a television programme and said that it is a “violation of individual human rights, a violation of independence of the judiciary and a violation of the constitution.” She has put in her resignation papers after the broadcast.

“A team of lawyers filed a case against MNDF in the High Court over the illegal arrest of the judge. A case has also been filed in the International Court of Justice over the arrest.

“President Nasheed appears to be unrelenting and has justified the arrest. He has separately approached the UN for help in cleaning up the judiciary- immediate issues and the long term issues that includes the failure of the judicial accountability mechanism in the constitution.

“It looks that President Nasheed has over reached himself in firstly arresting and in refusing to release the judge when the overwhelming public opinion is against taking such a drastic action. He should have taken this strong stand last year during the transition when some of the judges appointed by the previous regime were found not having “high moral character, educational qualifications or competence.”
One of the charges against the judge now arrested was that in 2005 he was alleged to have requested the under age victim of molestation to re enact her abuse in court. The charge could not be enquired into by the judicial service commission as the judge got a stay order from the civil court.

“By this one act of arrest, President Nasheed is likely to antagonise all his admirers and sympathisers. Earlier it is undone, better it would be for all concerned.”

Full story

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Amana Takaful opens shares for trading Feb 8

Amana Takaful has announced that its initial public offering (IPO) of 800,000 shares will open for trading on the February, along with a further 11,441,187 bonus shares.

The Sri Lanka-based sharia-compliant insurance company had previously announced an IPO of 800,000 shares in September last year.

General Manager of Amana Takaful, Hareez Sulaiman, said in a statement that the total number of shares issued were 20,241,987.

“The Maldives economy, no doubt, has huge potential for growth, but needs foreign and local investments,” Sulaiman said.

“An active stock market is what will attract this investment. Therefore, we expect not only our valued shareholders but also other individuals and corporates to actively take part in the stock market.”

The company had previously shared its hopes of generating Rf16 million (US$1.4 million) in proceeds through the IPO, by selling shares at a low issue price of Rf20 (bundled in packages of 25).

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Media accuses MNDF of abandoning Supreme Court guard duty

The Maldives National Defence Force (MNDF) has not confirmed whether a decision was made last night to withdraw MNDF officers providing security to Supreme Court and High Courts, following allegations in the local media today.

MNDF Spokesperson Major Abdul Raheem told Minivan News that he had seen the media reports but was unable to confirm whether the claims were true.

‘’I have seen the media reports and tried to clarify the details of what happened,’’ Major Abdul Raheem said. ‘’But I have been unable to make sure it is true or incorrect.’’

State Defence Minister Muiz Adnan said he had no any information about the matter.

Judicial Services Commission (JSC) Chair and Supreme Court Judge Adam Mohamed refused to comment on the issue.

Local media reported that at 7:00pm last night MNDF officers watching over the outside gates of the Supreme Court left with the key to the gate.

Newspaper Haveeru reported that the keys were handed back to the Supreme Court last night and informed that they were taken by mistake.

This afternoon, the paper quoted an official of the JSC saying that MNDF officers had been watching the Supreme Court today.

“Around 10 people gathered outside the court and started shaking the east side gate. They left when the lock was broken,” the official told Haveeru.

Five hours after the MNDF officers left the court a group gathered outside the court and broke the lock of the court’s east gate, the paper reported.

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Parliament security committee meeting to resolve political instability breaks down as MPs argue

Opposition protests continued on the streets of Male’ on Saturday night, while parliament’s National Security Committee (NSC) meeting to resolve the political instability was dismissed abruptly after heated arguments broke out between opposition and ruling Maldivian Democratic Party (MDP) parliamentarians.

Opposition protests have continued every night since January 16, after the Criminal Court Chief Judge Abdulla Mohamed was arrested by military forces and detained at a training facility in Kaafu Atoll Girifushi – an unprecedented move that has led to a judicial impasse, intensified by political polarisation.

Home Minister Hassan Afeef and Defence Minister Tholhath Ibrahim Kaleyfaanu were summoned to the first session of the meeting and questioned by the opposition MP’s about the arrest of Criminal Court Chief Judge Abdulla Mohamed on January by military forces, which has subsequently led to consecutive opposition protests calling for his immediate release.

In response, the Defence Minister interjected that the judge is not under arrest, and that he is being “supervised to ensure national security”.

He avoided MP’s repeated requests to explain the reasons for the judge’s arrest, claiming that reasons have been explained in a previous public statement which was aired on state TV channel three days after the arrest. Afeef at the time had accused the judge of “taking the entire criminal justice system in his fist”, stating that the executive had been compelled to act to protect the constitution. The judicial watchdog – the body mandated to investigate and act on such allegations – had complied with a civil court injunction filed by the judge against his own investigation.

Several opposition MPs walked out of the meeting, complaining that the ministers did not answer their questions.

In his statement the Defence Minister revealed that police sent a letter to the armed forces on January 16 “requesting assistance to carry out its legal duty under article 71 of the Police Act, stating that the Criminal Court was not cooperating with police and that as a consequence of Judge Mohamed’s obstructing police work, the country’s internal security was threatened and police were unable to maintain public order and safety.”

Therefore, Maldives National Defence Force (MNDF) exercised authority under chapter nine of the constitution and the Armed Forces Act of 2008 to take the judge into custody, he said, disputing that the judge’s detention was unconstitutional.

Tholhath added that MNDF would provide assistance to ensure public safety, and that the consecutive protests and unrest had jeopardised it.

Meanwhile, Afeef observed that those accused of causing the current unrest and destroying public property were swiftly being released by the judges, thus encouraging more unrest.

“Public safety is being lost because of judges’ actions,” Afeef concluded.

However, speaking at the NSC meeting’s second session, Judicial Service Commission (JSC) President and Supreme Court judge Adam Mohamed insisted that the current crisis had not been caused by the incompetence of the commission.

He claimed that the commission was executing its duties duly. The “earlier environment did not allow the commission to work,” Mohamed claimed – a comment directed at the former President’s member of the JSC, Aishath Velezinee, who had openly protesting against the unconstitutional appointment of unqualified judges, delays in investigating allegations against judges – including the chief judge – and politically biased decisions of the JSC. She was dismissed from the position in May 2011.

Velezinee  attended the committee meeting with a box full of papers on the judiciary, and maintained her stance that public has “lost confidence in the courts due to the JSC’s failure to take action against the chief judge”, and due to the reappointment of judges with life time tenure in violation of the constitution.

Velezinee has previously alleged that Abdulla Mohamed was at the heart of a “silent coup to hijack the judiciary”, with the complicity of opposition MPs seeking to prevent cases against them moving through court.

The NSC meeting heated up, after opposition MP Abdu Raheem objected to the summoning of JSC members to the national security committee.

Raheem claimed that the JSC must be summoned to parliament’s independent commissions committee, and the NSC’s meeting should be continued under the advice of Consul General.

Committee chair MDP MP Ali Waheed interjected that anyone can be summoned to the committee for questioning and adjourned the meeting after repeated attempts to maintain order failed as MPs continued arguing.

Meanwhile, out on the streets, the opposition continued to call for the release of Judge Mohamed and the resignation of President Mohamed Nasheed. The protests began near the Progressive Part of Maldives (PPM) camp, as pockets of MDP activists obstructed the rally, leading to mild confrontations which were controlled by the police.

The police comfirmed 16 were arrested last night.

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Britain begged India to accept aid money: Telegraph

Indian Finance Minister Pranab Mukherjee last year asked the UK to cease giving aid to the country’s booming economy, but relented after being begged to take the money for fear of “grave political embarrassment”, reports the UK’s Telegraph newspaper.

“We do not require the aid. It is a peanut in our total development exercises [expenditure],” Mukherjee told the upper house of Indian parliament, during question time, adding that the government wanted to give it up.

India is the top recipient of UK foreign aid, according to the Telegraph expose. The UK has given £1 billion in aid to India in the last five years and has earmarked a further £600 million in aid by 2015.

Projects from Britain’s Department for International Development (DFID) are mired in controversy, reports the Telegraph. They include a £118,000 program to install satellite tracking on municipal buses in Bhopal – years before the technology was used in the UK – and program to deliver 7000 televisions to schools despite the lack of electricity.

Amid a surging anti-corruption movement in India, the Telegraph alleges that £70 million disappeared from one DFID-funded project along, and that £44,000 of British aid was “allegedly siphoned off by one project official to finance a movie directed by her son.”

Junior Development Minister Alan Duncan claimed that cutting off British aid to India “would mean that hundreds of thousands, if not millions, of people, will die who otherwise could live,” according to the Telegraph.

The admission by India is significant, implying India’s ascension as an aid donor in the region rather than a recipient, despite its own extremes of poverty and wealth. India now donates almost as much in bilateral development as it receives, according to the Telegraph’s report, of which the Maldives is a key beneficiary.

Indira Gandhi Memorial Hospital (IGMH) was donated to the Maldives by India, along with military helicopter, scholarships and copious financial assistance, among other interests. An Indian company, GMR, has the country’s single largest foreign investment in the US$400 million renovation and upgrade of Ibrahim Nasir International Airport (INIA), while the growing mid-market tourism industry is looking towards the huge Indian middle class as a wealthy market for the Maldives tourism product on the country’s doorstep.

“The Maldives is perhaps one of India’s closest partners,” observed The Indian High Commissioner Dynaneshwar Mulay during India’s recent Republic Day celebrations.

Cooperation also extends to the military, with the installation of a coastal radar array plugged directly into the Indian defence network.

More recently, Indian interest in the Maldives has been challenged by rival China, which conspicuously opened its embassy in Male’ last year during the SAARC Summit.

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Comment: Political impasse between government and opposition weakens human rights safeguards

The current stand off between the government and the opposition on how to secure the independence of the judiciary is hampering the much needed reform of the country’s criminal justice system.

Neither the government, nor the parliament or the judiciary can take pride in maintaining an outdated justice system that lacks a codified body of laws capable of providing justice equally to all.

Current laws are mainly remnants of acts of parliament passed at the time of former President Maumoon Abdul Gayoom when the country’s legal system was even less developed and more prone to political influence. Laws also include religious injunctions, regulations passed by ministries, some acts of parliament passed in recent years, and the 2008 Constitution. Even so, these laws cover penal areas only partially. Some are too vaguely formulated to prevent miscarriages of justice.

Most judges have no formal training in law but exercise considerable discretion – often based on their own interpretation of religious law – in deciding what constitutes an offence and the punishment for it.

In such a milieu, judicial decisions could be at risk of the judges’ personal or political preferences especially when these relate to complaints by the government or the opposition. One potential remedy for this problem would be to hold judicial personnel strictly accountable for any misconduct, but the Judicial Services Commission (JSC) appears unable to ensure this type of accountability.

So far, the government and the opposition-dominated parliament have failed to address these shortcomings. They have not even, as a first step, enacted a penal code that can reflect Maldives obligations under the international human rights treaties the country has ratified. A draft penal code intended to do this has remained dormant in parliament for at least four years.

While the government and the opposition blame each other for these failures, people whose rights are being violated are at risk of receiving unfair trials.

Respect for human rights has been further undermined by recent arbitrary arrest of Abdulla Mohamed, the Chief Judge of the Criminal Court.

He was arrested on 16 January. His arrest followed a civil court injunction on 27 November that blocked the JSC’s probe into Judge Abdullah’s alleged judicial misconduct. The Judicial Service Commission began this investigation in 2009 after receiving a complaint from the government. JSC found that judge Abdullah was guilty of violating the Judges’ Code of Conduct for making politically contentious statements on a local TV Channel. At this point, judge Abdullah successfully applied to the Civil Court for an injunction against further investigation or any actions against him. By granting that injunction, the Civil Court exposed the judiciary to further allegations from the government that Judge Abdullah can effectively remain in office with no accountability. The government then instructed the police to investigate the allegations against Judge Abdullah. Police went to arrest him but judge Abdullah refused to go with them, saying they had no warrant of arrest. The government then sent the army, still without a warrant of arrest, and he was taken into army custody on 16 January.

Regardless of the allegations against Judge Abdullah, his continued detention since 16 January remains arbitrary. The Maldives Human Rights Commission has confirmed that he is treated well and is allowed access to his family. Amnesty International is calling on the government to either bring formal criminal charges against him or release him.

Amnesty International has no position on the validity or otherwise of the allegations against judge Abdullah. It is for the judiciary to ensure that a mechanism exists to uphold accountability in any case of alleged judicial misconduct.

Sadly, all sides in the debate about the independence and impartiality of the judiciary tailor their arguments only to their own, narrow political ends. What they are missing is the opportunity to turn the Maldives into a hub of respect for human rights where the government, the parliament and the judiciary work alongside each other to strengthen the rule of law.

Abbas Faiz is South Asia Researcher with Amnesty International.

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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