Resolving judicial crisis “a huge challenge” for the Maldives: President Nasheed

Judges in the Maldives were reappointed by the Judicial Services Commission (JSC) at the conclusion of the interim period “in conflict with the constitution”, President Mohamed Nasheed has said during his weekly radio address.

The JSC reappointed the vast majority of sitting judges prior to parliament approving a statute establishing the criteria for serving on the bench, Nasheed said.

The consequence – a judiciary almost identical as the one appointed by the former Ministry of Justice under the previous government, but badged as independent – was “a huge challenge” for the Maldives, he added.

Prior to the reappointments, the President’s Office in May 2010 sent a letter to the JSC expressing concern that a large number of judges lacked both the educational qualifications and ethical conduct required of judges in a democracy.

“While the Act relating to Judges was passed in August 2010, and while the Constitution is very clear that Judges cannot be appointed without this Act, to date the JSC has failed to reappoint Judges,” Nasheed said.

“The Supreme Court Judges were appointed in accordance with the Constitution and law. The High Court bench was appointed in accordance with the Constitution and law. However, it is hard to say that the lower court Judges were appointed as per the Constitution and law,” he contended.

The government has faced critcism from the opposition and weeks of opposition-led protests, some of them violent, after the Maldives National Defence Force (MNDF) took Chief Judge of the Criminal Court, Abdulla Mohamed, into custody on January 16.

The government had accused the chief judge of endemic corruption, obstructing police investigations and of links with both the opposition and organised crime. Abdulla Mohamed sought a High Court ruling to prevent his arrest – which was granted – leading police to request the MNDF to take the judge into custody.

The judge was previously under investigation by the JSC – the judicial watchdog body – however he was granted an injunction by the Civil Court which ordere the JSC to halt the investigation.

In his radio address, Nasheed identified four areas of reform under the 2008 constitution: change of regime through multiparty elections, election of a new parliament, introduction of decentralised administration, and election of local councils.

“The major remaining reform envisioned by the Constitution is the establishment of an independent and competent judiciary,” Nasheed said.

The Foreign Ministry has requested a senior international legal delegation from the United Nations Human Rights Commission (OHCHR) to help resolve the current judicial crisis.

Last week, former President’s member on the JSC, Aishath Velezinee, told Minivan News that outside help from an independent and authoritative body such as the International Commission of Jurists (ICJ) was desperately needed.

“We need the ICJ to be involved – someone like [former] UN Special Rapporteur on the Independence of Judges and Lawyers, Leandro Despouy. He was here for a fact-finding mission and had a thorough understanding of it, and gives authoritative advice,” she said.

“We need to look for people who understand not only the law in the constitution, but what we are transiting from. Because that is really important. The UN had brought in a former Australian Supreme Court Judge, but he didn’t get any support. There was a lady [from Harvard] but she left in tears as well. There was no support – the JSC voted not to even give her a living allowance. They are unwelcoming to knowledge – to everyone. It is a closed place,” she warned, adding the difficulty was enhanced further because all the documentation was in Dhivehi.

UK MP for Salisbury, John Glen, has meanwhile urged UK Parliament to “urgently make time for a debate on judicial reform in the Republic of the Maldives.”

“Although the judiciary is constitutionally independent, sitting judges are underqualified, often corrupt and hostile to the democratically elected regime,” Glen stated.

Leader of the House of Commons, George Young, responded that Under-Secretary of State for Foreign and Commonwealth Affairs, Alistair Burt, was “in touch with the Maldives President to see whether we can resolve the impasse. The high commission in Colombo is also engaged. We want to help the Maldives to make progress towards democratic reform in the direction that John Glen outlines.”

Several hundred opposition protesters meanwhile gathered last night for the second week running, with police arresting several dozen people and deploying pepper spray after the crowd reportedly began hurling paving stones at officers outside the Maldives Monetary Authority (MMA) building.

MP Ahmed Nihan of former President Gayoom’s Progressive Party of the Maldives (PPM) and recently-resigned SAARC Secretary General Dhiyana Saeed were among those detained by police. Haveeru reported that 17 of the 22 arrested were detained in Dhoonidhoo custodial overnight.

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Opposition protests continue as President calls for return to article 285

Opposition protests on Male’ continued over the weekend against the military’s detention of Criminal Court Chief Judge Abdulla Mohamed, and a proposal to withold lower court salaries until the judiciary is lawfully appointed in accordance with Article 285 of the Constitution.

Judge Abdulla Mohamed was arrested by the military on January 16 after he attempted to block his own police summons. Charges against him include 14 counts of obstructing police duty, “hijacking the court” and other corrupt professional dealings.

For the past two weeks opposition-led demonstrations have taken place outside the Maldives Monetary Authority (MMA) building, the closest point to the no-protest zone surrounding Republic Square, the President’s Office and other official buildings. After attempting to advance on Republic Square around midnight, smaller protests have spread to other parts of the city.

Activities this weekend have ceased by 1:30 am each evening, Police Sub-Inspector Hassan Haneef said.

On Thursday evening opposition leaders including Progressive Party of Maldives (PPM) Vice President Umar Naseer addressed an attentive crowd – approximately 200 young and old men and a few older women – from atop a van parked outside the MMA building. Starting at 9:00pm, speakers listed their concerns, made allegations against the current government and requested a fair trial for the judge.

“This is a dictatorship, this here, it is all dictatorship,” several protesters told Minivan News, while another claimed “the President is a drunkard and a [drug] addict.”

After a group prayer the crowd retreated in preparation for an advance on Republic Square. Following a swift surge from behind the fish market to the police barricade in front of the MMA building, protesters were held at bay by police forces armed with body-length plastic shields. Civilians shouted, criticised and laughed from nearby alleys as police and protesters retreated from the no-protest zone.

Around 12:30 am police used pepper spray to disperse the crowd, following violent scuffles.

During a clash in which protesters allegedly hurled pavement bricks, Haveeru photographer Ibrahim ‘Dodi’ Faid sustained a blow to his head. He was treated at ADK hospital.

PPM activist Ahmed ‘Maaz’ Saleem was taken to Indira Ghandi Memorial Hospital (IGMH) following a blow to his leg, local media reported.

By the end of Thursday evening police had arrested 22 individuals including PPM MP Ahmed Nihan Hussain Manik and former SAARC Secretary General Dhiyana Saeed, who recently resigned from her SAARC post after criticising the government’s order to detain Judge Abdulla Mohamed.

As the protestors dispersed, Saeed and two unidentified women sat in Republic Square, Haneef said. After refusing to leave the three women were taken into police custody for approximately five minutes before being released.

Of the 22 individuals arrested 17 were transferred to Dhoonidhoo Detention Centre. All were released on Friday, Haneef said.

Maldives National Defence Force (MNDF) also arrested an individual from Henveiru ward carrying a large knife after the protests on Thursday night. Minivan News was informed that the knife was an ornate “war” knife approximately one and a half feet long.

Haneef confirmed that the individual was in custody and an investigation was underway.

On Friday the protests continued in the same location while ruling Maldivian Democratic Party (MDP) rallied at party headquarters on Ameenee Magu.

According to local media, PPM MP Saleem returned to the MMA building area in a wheelchair to join protestors who broke through police barricades and sat in an open area nearby.

PPM MPs Riyaz Rasheed and Ilham Ahmed meanwhile were allowed into police headquarters where they requested a meeting with Police Commissioner Ahmed Faseeh, local media reported. An appointment has not been set.

Police report no violence or use of pepper spray during Friday’s protest, however four individuals were arrested and are currently being held at Dhoonidhoo.

As the protests look to stretch into their third week, Haneef said police are “still doing our duties as usual. We are not fatigued.”

He added that MNDF will maintain its position outside state television station Maldives National Broadcasting Company (MNBC), following targeted attacks last week in which journalists were beaten and tasered by protesters. The journalist who was beaten, Moosa Naushad, has been sent for medical treatment in India following injuries to his back and hand.

Protest leaders have pledged to continue the street demonstrations if their demands are not met. On January 26 MNDF rejected a High Court order to produce the judge.

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Allegations against Chief Judge first sent to Gayoom in 2005

The first complaints filed against Chief Judge of the Criminal Court Abdulla Mohamed in July 2005 included allegations of misogyny, sexual deviancy, and throwing out an assault case despite the confession of the accused, Minivan News has learned.

A letter sent to President Maumoon Abdul Gayoom by then Attorney General Hassan Saeed, obtained by Minivan News (page 1, 2), outlined three specific allegations against Abdulla Mohamed.

While presiding over a sexual offence case against Azeem Abdullah of Chaandhaneege, G.A.Kanduhulhudhoo, on May 19, 2005, Saeed told Gayoom that Abdulla Mohamed “made the two children who were summoned as witnesses against the accused stand in front [of the court] and asked them to look at the people present.

“He then made the children identify the individuals they were looking at. Although the children said in court that the accused performed the indecent act he was accused of, the Judge made the children act out the indecent act in the presence of the perpetrator and the rest of the court.”

Saeed’s second allegation concerned the hearing of physical assault case on June 6, 2005, against Ibrahim Ali of H. Saaroakaage.

“The case was submitted based on the admission of the accused that he had committed the assault, but Judge Abdulla Mohamed of the Criminal Court dismissed the case, stating that there was no case against the accused,” Saeed wrote.

In Saeed’s third allegation, concerning a criminal case on June 6, 2005, against Ahmed Naeem of Male’ Municipality Special Register, “after completing the sentencing of the defendant, Abdulla Mohamed said, ‘…very few men ever meet women who love them. You may meet a woman who loves and cares for you. You should not run after a woman who does not love you. It is also stated in Holy Quran that women are very deceptive.’”

The Judicial Services Commission (JSC), the judicial watchdog, eventually formed a complaints committee to investigate the cases against Judge Abdulla in December 2009, which met 44 times but had failed to present a single report as of March 2011.

Speaking at an opposition rally on January 24 against the detention of Abdulla Mohamed, Saeed acknowledged that he was “not satisfied with Judge Abdulla’s actions either.”

“[But] he did not have to do things to my satisfaction. I submitted the legal points I noticed [related to the judge’s conduct] to the head of the judiciary at the time, President Maumoon Abdul Gayoom. I could have removed Judge Abdulla from the post through pressure. But I did not do it because it was not my responsibility,” Dr Saeed said.

“The constitution today forbids influencing judges. So, looking at the current scenario, the country has gone ten years backward.”

The current judicial crisis was sparked after Abdulla Mohamed filed a case in the Civil Court which granted him an injunction halting his further investigation by the JSC. This was following by a High Court ruling against a police summons on January 16, which prompted police to request the Maldives National Defence Force (MNDF) take the judge into custody.

Home Minister Hassan Afeef subsequently accused the judge of “taking the entire criminal justice system in his fist”, listing 14 cases of obstruction of police duty including withholding warrants for up to four days, ordering police to conduct unlawful investigations and disregarding decisions by higher courts.

Afeef accused the judge of “deliberately” holding up cases involving opposition figures, barring media from corruption trials, ordering the release of suspects detained for serious crimes “without a single hearing”, and maintaining “suspicious ties” with family members of convicts sentenced for dangerous crimes.

The judge also released a murder suspect “in the name of holding ministers accountable”, who went on to kill another victim.

Vice President of the Maldives Dr Mohamed Waheed Hassan opposed the judge’s detention, stating on his blog that “I am ashamed and totally devastated by the fact that this is happening in a government in which I am the elected Vice President.”

The government then requested assistance from the international community to reform the judiciary. Observing that judicial reform “really should come from the Judicial Services Commission (JSC)”, Foreign Minister Ahmed Naseem said the commission’s shortcoming are “now an issue of national security.”

“We have been working to improve the judiciary since we came to power, but we have not succeeded,” said Naseem. “We have asked the international community to assist us in this effort several times, and we find that they are willing to help at this point,” he explained.

A group of lawyers have meanwhile sent a case to the International Criminal Court (ICC), appealing that the judge’s detention is an “enforced disappearance” under the ICC’s Rome Statute.

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MDP Parliamentary Group call for Gasim’s removal from JSC

Maldivian Democratic Party (MDP) MPs have called for the removal of opposition Jumhoory Party (JP) leader and MP ‘Burma’ Gasim Ibrahim from the Judicial Service Commission (JSC) – the commission mandated to appoint and investigate complaints against judges.

Gasim is a well-known business tycoon, media owner and leader of the opposition-aligned Jumhoree Party (JP). He was in 2010 accused by the government of treason and bribery after phone calls of his conversations with People’s Alliance MP and the former President’s half-brother Abdulla Yameen were leaked to the media.

Gasim replaced opposition Dhivehi Rayithunge Party (DRP) MP Dr Afrashim Ali on the JSC, after Afrashim was dismissed by parliament 38-34 in favour amid claims of misconduct and corruption. Gasim was then narrowly appointed to the judicial watchdog after 38 members of of the 77 member parliament voted in his favour, to 36 against.

Former President’s Member on the JSC, Aishath Velezinee, observed at the time that Gasim “is a man of wealth, and every seat he has ever sat on has benefited him. We can expect the same from the JSC. I don’t think anyone is under any other impression. The people’s representatives have sold out to the devil, and this is a very sad day.”

DRP Deputy Leader Ibrahim Shareef also expressed reservations at the time, suggesting the Gasim’s extensive business interests could prove a potential conflict of interest when overseeing the Maldivian justice system: “That is a real possibility. I think the judiciary must be totally free from political influence. We have to see how this unfolds – this is a small country and it is hard to have complete impartiality.”

“What is required is sincerity. We need to build a judiciary that is competent, efficient and capable of delivering justice,” Shareef told Minivan News in June 2011.

Speaking at an MDP rally today, several MDP MPs and senior figures accused Gasim and Speaker of the Parliament Abdulla Shahid – both of whom are members of the JSC representing parliament – of not fulfilling their legal duties on the committee.

The MDP called on Gasim and Shahid to carry out the responsibilities at the JSC and conclude cases presented against Chief Judge Abdulla Mohamed, to end the current political tensions in Male’. The JSC’s investigation of the judge stalled after the Civil Court issued an injunction to its own watchdog body, which the JSC obeyed.

The MDP Parliamentary Group expressed concern that the judicial watchdog was defunct while the situation of the country was deteriorating, accusing the JSC of taking no action against the judge which had allowed him “to destroy the entire judiciary.”

Speaking to Minivan News, Spokesperson for MDP Parliamentary Group’s Mohamed Shifaz said that they had not officially decided to remove Gasim.

”What we want most is a professional JSC. If removing unprofessional persons to professionalise the JSC is the only way then we will do it,” Shifaz said. ”It is possible that the MDP Parliamentary Group will make such a decision.”

He said that JSC members attending protests and trying to defend a particular judge was not very professional.

”I believe that JSC members protesting is an ethical issue,” he said, in reference to Gasim who has been a key opposition figure throughout last week’s rallies in Male’.

Speaking at the MDP rally last night, MDP Chairperson and MP ‘Reeko’ Moosa Manik said that the citizens of the Maldives handed the administration to President Mohamed Nasheed to establish justice.

Gasim did not respond to calls and text messages at time of press.

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New climate change models for Maldives predict rising sea temperatures

The Regional Integrated Multi-Hazard Early Warning System (RIMES) has completed a nine-month research into developing a model interpreting the future climatic change scenarios for the Maldives that can provide projections which can referred during national and local development planning.

RIMES, based in Bangkok, provides regional early warning services and capacity building to its member states in Africa and Asia – including Maldives- in the end-to-end early warning of tsunami and hydro-meteorological hazards.

Speaking at a press conference on Thursday, Dr  Govindarajalu Srinivasan, technical adviser-climate applications and research, who headed the research in Maldives, explained that “we tried to interpret the scenarios of future climate change for the Maldivian context”.

He noted that the existing global climate change models (GCMs) which are the most important tools to study climate change and make projections, do not provide descriptions for regional or local scale.

Therefore, he revealed that the GCMs were statistically downscaled, and prior reports addressing climate change concerns for Maldives were examined to “generate a high a resolution climate change scenario for Maldives”.

Analysis was also done to look at the extreme climate change risks for the Maldives, Dr Srinivasan added.

He also observed that 13 participants from the Maldives Meteorological Services (MMS) and the Environment Ministry were trained in the last leg of the project to analyse extreme climate events linked to temperature and rainfall changes.

State Minister for Housing and Environment Dr Mohamed Shareef added that the findings of the program and trainees’ recommendations will be used in the ministry’s decision making process.

Although the details on the findings of the research were not revealed to the press, Dr.Shareef added that the ministry has received an initial draft and a final report will be submitted by the RIMES soon, which will be publicised at a later date.

In a press statement issued on Thursday the ministry pointed out that the present findings also suggest that the sea level, sea surface temperature, rainfall and its variations pose future climate risks for Maldives.

“Future climate change scenarios inherently represent a set of likely climate futures. Sea Surface Temperature parameter inferred directly from GCMs show a steady increase in temperatures up to 2080, the statement reads.

However, the ministry noted that more focused research is recommended to understand the projected sea level changes and better observational network are required to characterize the unique climatological settings of the Maldives.

The project commissioned to RIMES is a component “Integrating Climate Change Risks into Resilient Island Planing in the Maldives”, 2010- 2014 – a government initiative which seeks to ensure that climate change risks are integrated into resilient island planning and that governments and communities are able to prioritize and implement climate change adaptation.

UNDP, a large contributor to the project, says that the most serious underlying driver of increasing vulnerability to climate change in the Maldives is the “absence of systematic adaptation planning and practice”.

“Climate change risks and long-term resilience are not adequately integrated into island land use planning or into coastal development and protection policies and practice, and past autonomous risk reduction efforts have sometimes had mal-adaptive effects” an entry on the UNDP website reads.

UNDP also highlights that small, low-lying atoll islands of Maldives are highly vulnerable to flooding and coastal erosion: “More than 44 percent of settlements, including 42 percent of the population, and more than 70 percent of all critical infrastructures are located within 100 meters of shoreline. Intensive rainfall, storm surges and swell waves are expected to be aggravated through sea level rise and climate change effects on weather patterns. This will compound underlying trends of increasing coastal erosion and pressure on scarce land resources, and increase physical vulnerability of island populations, infrastructure and livelihood assets.”

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MNDF dismiss High Court order to produce Judge Abdulla Mohamed

The High Court has ordered the Maldives National Defence Force (MNDF) to produce Chief Judge of the Criminal Court Abdulla Mohamed for the hearing of the case appealed by the Judicial Service Commission (JSC), following the Civil Court injunction preventing the JSC from taking action against Judge Abdulla over an ethical issue.

High Court Spokesperson Ameen Faisal told Minivan News that the High Court had ordered the MNDF to produce Judge Abdulla to the court at 4:15pm today, but said the MNDF had dismissed the order. Under the Maldivian Constitution the MNDF is answerable to the President, who serves as Commander-in-Chief.

”At 4:15pm the hearing was to be conducted but the presiding  judge decided that the case could not be conducted in the absence of Judge Abdulla and cancelled the hearing,” Ameen said.

MNDF Spokesperson Major Abdul Raheem told Minivan News that the MNDF had no comment on the matter.

The MNDF was previously ordered to produce Judge Abdulla Mohamed to dispute the legality of his detention, however the MNDF did not respond to any orders.

Criminal Court Chief Judge Abdulla Mohamed was arrested by the MNDF on the evening of Monday, January 16, in compliance with a police request.

The judge’s whereabouts were not revealed until January 18, and the MNDF has acknowledged receipt but not replied to Supreme Court orders to release the judge.

Prosecutor General (PG) Ahmed Muizz lately joined the High and Supreme Courts in condemning MNDF’s role in the arrest as unlawful, and requesting that the judge be released.

PG Muizz ordered an investigation by the Human Rights Commission of Maldives (HRCM), and will evaluate the situation following the commission’s findings.

Lawyers of Chief Judge Abdulla Mohamed has requested the Supreme Court not to hear any case related to Judge Abdulla before the court decide on the request made by the lawyers to issue a writ to free the judge.

Former President’s Member of the JSC, Aishath Velezinee, has contended that while the government cannot keep the judge detained indefinitely without conducting an investigation, “releasing him is a threat to security.”

I have heard Vice President Mohamed Waheed Hassan calling for him to be released. Abdulla Mohamed is not under arrest – but his freedom of movement and communication would be a danger at this moment. We are at the point where we really and truly need to get to the bottom of this and act upon the constitution,” she told Minivan News.

“We talking about cleaning up the judiciary, and this is not talking outside the constitution – this is the foundation of the constitution. The constitution is build upon having three separate powers. The judiciary is perhaps the most important power. The other powers come and go, politics change, but the judiciary is the balancing act. When that is out of balance, action is necessary.”

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Fisheries industry at stake as activists threaten to withdraw ‘dolphin-safe’ label

The Maldives tuna industry’s dolphin-safe reputation is under threat after US-based non-profit environmental organisation, Earth Island Institute (EII), launched a campaigns with ECOCARE Maldives against a proposed dolphin lagoon.

The lagoon is an educational and recreational program proposed by famous tennis player Amir Mansoor,  involving 6-8 trained dolphins imported from the Caribbean.

EII, which issues the dolphin-safe label to 93 percent of the world’s tuna market – including 14 Maldivian companies – has said it will rescind the label from government-owned canneries should the government approve Mansoor’s program. EII claims to have already warned foreign buyers and distributors of its concerns.

Mansoor and staff accuse EII and ECOCARE of “threatening” the fishing industry, while their opponents maintain that importing dolphins will damage the Maldives’ “Always Natural” image, as well as endanger marine life. Both sides have accused the other of corrupt dealings.

Meanwhile, cannery and government officials are slowly siding with the activists, citing legal and economic reasons.

A November 3, 2011 EII press statement read, “the Maldives tuna industry has adopted a policy to ensure that no dolphins are ever killed in tuna nets.”

“That Dolphin Safe standard is respected all over the world”, Dolphin Safe program Associate Director Mark Berman told Minivan News. “If the Maldives’ government allows live dolphins to be imported into their country, the Dolphin Safe reputation of the Maldives will be jeopardised. Major tuna importing nations will not buy tuna from governments that harm dolphins.”

Senior management officials of Dolphin Lagoon Maldives claim the goal is to provide dolphins born and raised in captivity with a healthy lifestyle, while educating and entertaining the public.

“The proposed lagoon is the largest in the world for the small number of dolphins that will inhabit it,” said a source involved in establishing the lagoon, who requested anonymity. The dolphins would be “taken for a ‘walk’” on a daily basis and allowed to swim away from the group if they so desired. The choice to return to the lagoon after an excursion would be voluntary, the source stated.

The program’s website contends that people are critical to conservation – ”but they will only become engaged in helping to solve the problems if they get to understand something about the problems… through knowing the dolphins.” School programs are also in the works.

“We need something new in tourism because the Chinese don’t want to pay for bars, scuba, and safari,” said Mansoor, who said he believed opposition to the project was “motivated by jealousy”.

EII and ECOCARE meanwhile maintain that “captivity is captivity.”

Dolphin safe

A letter sent from the lagoon program to EII staff claimed, “Mr Berman is deliberately using the ‘ dolphin safe ‘ label provided by his organisation to the tuna fisheries companies in the Maldives as a tool for his campaign. Confusing the real meaning of the ‘dolphin safe’ label and trying to make people believe that dolphin safe also means that the country has no dolphin program.”

According to the EII website, the companies licensed with the dolphin-safe label must meet the following criteria:

  • No intentional chasing, netting or encirclement of dolphins during an entire tuna fishing trip;
  • No use of drift gill nets to catch tuna;
  • No accidental killing or serious injury to any dolphins during net sets;
  • No mixing of dolphin-safe and dolphin-deadly tuna in individual boat wells (for accidental kill of dolphins), or in processing or storage facilities;
  • Each trip in the Eastern Tropical Pacific Ocean (ETP) by vessels 400 gross tons and above must have an independent observer on board attesting to the compliance with points (1) through (4) above

Lagoon program officials asked EII staff, “Where is the relationship between having a dolphin lagoon, as proposed for the Maldives, and the purpose these labels are used for? Where does it say in order to have a dolphin-safe label the country can not have captive born dolphin programs? In fact, if they are related, why is the same organisation that is providing these labels to the Maldives still supporting other countries that have dolphins in captivity like Indonesia, Malaysia, Singapore, China Portugal, Spain, and most shocking of all, even companies in countries such as Japan, Peru and Brazil which kill dolphins for food?”

Mansoor claimed these and similar questions sent to EII have not been answered. Speaking to Minivan News, Berman pointed out that all companies licensed in the US, Japan and other listed countries are privately operated and “don’t support trade in dolphins.”

Berman added that EII has successfully campaigned against several dolphin programs in the US, including a dolphinarium in South Carolina and dolphin parks at Great America and Six Flags Amusement Park in Texas.

While EII licenses all Maldives’ tuna canneries, only government-owned companies – Felivaru, Koodoo and Maldives Industrial Fishing Corporation (MIFCO) – would be affected by a government decision, Berman said.

Point 12 of the EII licensing form states that a licensed fisheries’ “subsidiaries or affiliates worldwide do not participate in, or profit from, nor is the company connected to companies involved in, whaling operations, dolphin drive fisheries, live capture and or traffic of marine mammals for zoo and aquarium trade.”

The government – which is not itself a company- does not subscribe to an official dolphin-safe policy. However EII would consider its decision to reflect directly on tuna canneries’ dolphin-safe licenses.

“If the government allows the import of dolphins, these companies will violate the dolphin-safe policy,” Berman said, warning that “if I tell Thai Union tomorrow to stop buying tuna from Koodoo, they will cancel their orders.”

Who’s in charge?

The lagoon program has been shuttled around the ministries of Environment, Finance, Fisheries and Tourism, according to Fisheries Minister Ibrahim Didi. It has not yet been approved.

According to Didi, program management did not agree with Cabinet’s assessment of the program as 100 percent tourism, and “it was only by chance that I was at a meeting and found that the program concerned fisheries”.

On January 3, EII’s executive director David Phillips sent an email to Didi urging the government to reject the lagoon program.

Echoing EII’s claim that allowing imported dolphins would open the market for other projects, threatening the indigenous population and even inviting the ‘dark side’ of the dolphin trade – poachers – Didi said “some legal issues have been raised because the program violates Fisheries’ and Environment laws.”

The Maldives Ministry of Fisheries maintains good relations with EII and Mark Berman, State Minister Dr Hussein Rasheed said last week.

However, “the Maldivian government is not a client to the EII and we are considering the needs of the industry and remaining aware of the market,” he said, adding that regardless of the dolphin-safe label, no dolphin has been reported injured or killed during a Maldivian tuna fishing trip.

Rasheed claimed the government would weigh the Maldives’ economic base – tourism and fisheries – against the concept of the Maldives as ‘always natural’.

“Any decision has economic complications – approval of the lagoon program will have a cost, and disapproval will have a cost. We will not compromise the liability of our tuna industry. But then again, we have to move along and encourage innovation and entrepreneurship. This is how society progresses. We must also look at the long term impacts of a decision on our economy and our image in the world. Everything has to be fair,” he explained.

Meanwhile, government canneries are sheepishly stunned.

MIFCO’s Sales and Marketing Director Adley Ismail said the fishery took pride in its dolphin-safe status, but “don’t see the relationship between the tourism industry and our practices.”

“In a sense, we are on [Berman’s] side because we don’t want the label removed,” he said, while Koodoo Fisheries’ Managing Director Abdulla Thasleem noted that without the label the premium on canned tuna would drop.

MIFCO recently entered a joint venture with Thai company Mahachai Marine Products, however Berman said that without the dolphin-safe label it would be forced to sell its shares.

Felivaru’s Head of Production Solah Mohamed put his trust in EII. “In my opinion, a dolphin park is not a good idea – it would indirectly harm the fisherman. If EII is against it we should be too because with their power, EII can do many things,” he said.

ECOCARE Chairman Mohamed Zahir said he would encourage and “pressure” the fisheries, with which Berman met on Monday, to write letters to the government opposing the lagoon.

The origins of ‘dolphin-safe

In the late 1980s the world’s three largest tuna companies – Starkist, Bumblebee and Chicken of the Sea – jointly boycotted tuna caught using methods threatening to dolphins, killing off 80 percent of the market between 1988 and 1990. That year, Starkist partnered with EII to promote dolphin safety monitoring in the tuna fishing industry; in late 1990 the Maldives’ only government fishery at the time, MIFCO, signed the dolphin-safe tuna fishing pact.

EII’s dolphin-safe label, one of six such labels, has become a standard adhered to by 90 percent of the tuna fishing industry world-wide. According to Berman, countries that haven’t subscribed to the label, including Mexico and Venezuela, have virtually no market access.

For this reason, however, the World Trade Organisation (WTO) ruled in September 2011 that American dolphin-safe tuna labels are “overly restrictive” in comparison to international standards and violate free trade agreements with Mexico. The US appealed the decision on January 20, 2011.

‘Always Natural?’

Maldives’ centuries-old ‘pole and line’ fishing method is both dolphin-safe and a source of national pride. Zahir argues that Mansoor’s program would violate this tradition.

“We oppose the program because it is against our culture; it would introduce the Atlantic bottlenose dolphin which is an alien species and could transmit diseases to marine life; it doesn’t support education; and it’s contrary to the Maldives’ ‘Always Natural’ brand,” he said, noting that “it would be very easy for EII to buy an ad to display all over the world that reads ‘Always Natural?’ instead.”

The veterinarian handling the dolphins slotted for import, Thomas H. Reidarson , said the dolphins would undergo standard tests as well as extensive screening “to insure that none are capable of transmitting diseases to wild dolphins with whom they might interact.” Program management added that the tourism industry – which draws increasing numbers of speed boats, sea planes, divers and waste – is threatening the Maldives’ dolphins’ natural habitat.

Zahir dismissed the claims as “an excuse to have captive dolphins” while Berman retorted that any health certificates are “likely bought”.

“We can take this to the international media, but we don’t want to give the country a bad name”, Zahir explained, adding that “the fisherman’s union has said it would be no problem to mobilise fisherman to march in the streets of Male’ if the label is withdrawn.”

Berman warned that distributors and foreign partners of the Maldives’ government fisheries have already begun looking for new sources following conversations with EII. “It’s a premium product, and the companies are acting fast to guarantee their business interests,” he said.

Even if private canneries retain their dolphin-safe labels, Berman estimates they would be unable to meet the huge consumer demand displaced onto their operations once government canneries close their doors. “Felivaru and Koodoo have already said they would have to close without the label,” he said.

Stuck at Odds

While EII and ECOCARE are strongly opposed to the lagoon program, they have yet to have any direct dialogue.

“We don’t care who is behind it, we don’t have to go and ask why or how, we aren’t journalists who have to do a check and balance of what is right or wrong,” Zahir said. “We only respond to the government gazette.”

Correspondence obtained by Minivan News indicates that EII staff did not respond to a majority of emails from lagoon program staff, who challenged the EII’s threat. Berman explained, “our business is with the government and the fishing industry.”

“There is no common ground in a dialogue with dolphin traders. It’s like talking to an orangutan – what’s the point?” he said, adding that invitations to debate with various captive dolphin programs in the US have never received a response.

Berman and ECOCARE did attend the web launch of Dolphin Lagoon Maldives near the Tsunami Memorial on Monday night. Berman later told Minivan News that he attended the event as a “peaceful observer” but was “shoved, threatened and a bit manhandled” by protesters at the launch.

Alleging that the aggressors were “hired thugs”, Berman said the behavior was “typical of the captive dolphin industry, they resort to violence and intimidation. Our policy is if it’s too dangerous for us to work, we pull out – with the dolphin-safe label,” he added.

Mansoor, who said he did not witness the incident, was aware of an aggressive verbal exchange “but there was no physical confrontation.” He claimed the activists had been arguing their point of view with bystanders at the launch. “They came to create a scene. I gave clear instructions to my staff not to make a scene because I suspected they would want one to give us bad publicity,” he said.

According to Mansoor the Cabinet has approved his program, however he is working with the President’s Office against EII’s demands. He argued that EII’s claim about its contract “is all crap” and is being used to “threaten” the fisheries.

Correction: Previously, this article stated that dolphins would be free to leave the lagoon and are recalled from excursions by a whistle call. In fact, dolphins would be free to roam during daily excursions after which they return voluntarily.

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Religious intolerance sees Maldives drop to 73rd in Press Freedom Index

The Maldives has fallen 21 places on Reporters Without Borders (RSF)’s press freedom index between 2010 and 2011.

The country is now ranked 73, level with the Seychelles and below Sierra Leone but still well above many countries in both the region and the Middle East countries, including Qatar, Oman and the UAE.

The Maldives took a giant leap in 2009 to 51 following the introduction of multiparty democracy – in 2008 it had been ranked 104.

RSF has however recently expressed concern at the rising climate of religious intolerance in the Maldives and its impact on freedom of expression.

“A climate of religious intolerance prevailed in the Maldives, where media organisations were subjected to threats by the authorities and had to deal with an Islamic Affairs Ministry bent on imposing Sharia to the detriment of free expression,” RSF stated.

In November 2011 the organisation reacted to the Islamic Ministry’s order to block the website of controversial blogger Ismail ‘Hilath’ Rasheed, stating that “the increase in acts of religious intolerance is a threat to the Maldives’ young democracy”.

“Incidents involving media workers are rare but that is only because most of them prefer to censor themselves and stay away from subjects relating to Islam. The government should not give in to the fanatical minority but must do all it can to ensure the media are free to tackle any subjects they choose,” the organisation said.

Rasheed was subsequently arrested on the evening of December 14 for his involvement in a “silent protest” calling for religious tolerance, held on Human Rights Day. The protesters had been attacked and Rasheed hospitalised after being struck with a stone.

On his release without charge three weeks later, Rasheed expressed concern for his safety.

“The majority of Maldivians are not violent people. But I am concerned about a few psychotic elements who believe they will go to heaven if they kill me – people who don’t care if they go to jail for it. Those people I am afraid of, and I will not provoke the country in the future,” he told Minivan News.

In September 2011 the government published new ‘religious unity’ regulations enforcing parliament’s religious unity act of 1994, with a penalty of 2-5 years imprisonment for violation.

Under the regulations, the media is banned from producing or publicising programs, talking about or disseminating audio deemed to “humiliate Allah or his prophets or the holy Quran or the Sunnah of the Prophet (Mohamed) or the Islamic faith.”

More recently several journalists with the Maldives National Broadcasting Corporation (MNBC) were beaten, threatened and tasered after protesters from the opposition and ruling Maldivian Democratic Party (MDP) clashed outside the station. Both sides blamed each other for the attacks, while MNBC said it would no longer cover the ongoing protests on scene.

The government meanwhile claimed that its commitment to media freedom is “absolute and unwavering.”

“President Nasheed’s administration never has and never will do anything to undermine the independence, integrity or professionalism of the media,” said President Mohamed Nasheed’s Press Secretary, Mohamed Zuhair.

Zuhair’s comments followed allegations that Communications Minister Adhil Saleem had intimidated journalists by threatening to withdraw broadcasting licenses, which Zuhair claimed was “merely” a reaction to “certain TV news channels acting unprofessionally when airing footage of recent protests.”

Despite the fall, the Maldives was still ranked significantly higher than many other countries in the region.

Sri Lanka fell to 163, continuing a steady decline over the last decade (it was ranked 51 in 2002).

“The stranglehold of the Rajapakse clan [has] forced the last few opposition journalists to flee the country,” RSF said in a statement on the release of the 2011 Index.

“Any that stayed behind were regularly subjected to harassment and threats. Attacks were less common but impunity and official censorship of independent news sites put an end to pluralism and contributed more than ever to self-censorship by almost all media outlets.”

Bangladesh fared poorly (129) – “despite genuine media pluralism, the law allows the government to maintain excessive control over the media and the Internet” – while Nepal (109) showed modest improvement with a drop off in violence between the government and Maoist rebels.

India’s position fell (131) after the government unveiled the “Information Technology Rules 2011, which have dangerous implications for online freedom of expression. Foreign reporters saw their visa requests turned down or were pressured to provide positive coverage.”

Pakistan (151st) meanwhile remained the world’s deadliest country for journalists for the second year running.

Finland, Norway, Netherlands, Sweden and Switzerland were ranked as having the greatest press freedom, while North Korea and Eritrea fared the worst.

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Maldives battling heroin epidemic: Sydney Morning Herald

Beyond the idyllic white-sand beaches and cerulean seas of the Maldives is a country facing a spiralling drug epidemic, writes Ben Doherty for the Sydney Morning Herald.

For several years, the country has been flooded with cheap, low-grade heroin – ”brown sugar” as it is known on the streets of Male – smuggled into the country in boats from the Afghanistan-Pakistan region.
The exact number of drug users in the far-flung Indian Ocean archipelago is hard to know. In a conservative Muslim society where drinking alcohol is illegal, discussion of a drug habit is taboo.

Some reports suggest there are 30,000 regular drug users in the country. Two years ago, the United Nations Development Program estimated 40 per cent of Maldivian youth were using hard drugs.

”This is a small community here. Every family here has been affected by the drugs problem in some way. All of us suffer,” Fatimanth Afiya, the chairperson of the Society for Women Against Drugs, says.
”Heroin is the big problem. It is cheap, and it is easy to get.”

The ready availability of drugs is compounded by social factors in the Maldives. Despite having the highest gross domestic product per capita in South Asia (thanks largely to its tourism industry), the Maldives has a burgeoning young population it cannot employ.

Forty-four per cent of the country’s population is aged under 14 and 62 per cent under 25. Across the archipelago, a quarter of all young men and half of all women have no work.

The economic pull of the capital means families often live in cramped accommodation in Male and children spend most of their time out on the street.

Gangs are common. Prison is the other great incubator. Research by Women Against Drugs and other non-government organisations suggests 80 per cent of prisoners are incarcerated for drugs offences and punitive drug laws mean people are sentenced to extraordinary terms. Young offenders are regularly ordered to serve decades of jail time.

Possession of anything more than one gram of heroin is considered trafficking and attracts a 25-year sentence.

Amaty (not his real name), a young Maldivian drug user who grew up on another island but came to Male with his family, told the Herald he had quit before, a ”lot of times”, but never for very long.

”It’s just all around, drugs are everywhere here. You want to stop, but your friends take drugs. And the people are here who will sell [them] to you. Male is small, man, where you can go? You know everybody, and everybody can find you.”

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