Tag: maldives

MATI sues as government seeks Supreme Court legal counsel on spas, pork and alcohol

The government has asked the Supreme Court for a “consultative opinion” on the legality of spa operations and sale of pork and alcohol in resorts, claiming that legal clarity is needed to properly address the current controversy involving Islam and the tourism industry.

The government last week ordered resorts to shut down their spa operations, and announced it was considering a ban on pork and alcohol. The announcements were made in response to five demands made during a demonstration organised by a coalition of NGOs and opposition parties on December 23 to ‘Defend Islam.’

Maldives Association of Tourism Industry (MATI) meanwhile filed a case at the Civil Court yesterday challenging the Tourism Ministry’s order to shut down massage parlors and health spas in resorts.

Speaking to local media, Attorney General Abdulla Muiz said, “We believe that the people have expressed genuine concerns over the circular issued by the Tourism Ministry ordering resorts to close down their spas.

“Investors will have confidence when they are clear of the judiciary’s position on these issues.”

The Attorney General was unavailable for comment at time of press.

Although the import of alcohol and pork to the Maldives is allowed under a regulation, there is no regulation or set of guidelines specific to spa operations in resorts.

The State, however, claims that Article 15(a2) of the Goods and Services Tax Act clearly stipulates that spas are legally accepted in the Maldives as tourism goods.

Under the article, “goods and services supplied by diving schools, shops, spas, water sports facilities and any other such facilities being operated….at tourist resorts, tourist hotels, tourist guest houses, picnic islands, tourist vessels and yacht marinas authorised by the Tourism Ministry” are tourism goods.

Officials at the Supreme Court and President’s Office were unavailable for comment today.

MATI Secretary General Sim Ibrahim Mohamed was unable to comment on the case in the Civil Court, but said that the government’s decision had incurred “irrevocable damage” to the tourism industry and had become a “legal issue to which we are trying to find legal clarity.”

“We are trying in the lower courts while the government has filed at the Supreme Court to see what this is about. We need to know whether the Maldives can legally provide tourism services within the confines of the constitution,” he explained. “A lot is riding on the court verdicts.”

Sim conceded that the verdicts would not close the discussion. “As to whether the public or the opposition parties will accept the verdict is not for us to say. They will have to weigh their own agendas against what is good for the economy at the moment,” he said.

Former Attorney General and lawyer representing MATI, Aishath Azima Shukoor, said the case addressed two key points: that the government’s decision to close the spas violates the contracts it holds with resort operators, and that the timing is unconstitutional.

Shukoor pointed out that the contracts between the government and resort operators include a clause entitling the operators to the peaceful operation of land leased. She maintained that the government had violated the agreement by closing operations without presenting any substantial reports, investigation or evidence justifying the action.

MATI has also applied for an injunction. If granted, resort spas would be allowed to operate until the court case is concluded.

Shukoor said MATI was hoping for a hearing on Wednesday, January 4, but that nothing has been confirmed.

Complaints that the tourism industry compromises the Maldives’ status as a 100 percent Muslim nation have brewed for some time, but the protests in “defense of Islam” in December 2011 threw officials into the crucible of religion, politics and tourism currently before higher and lower courts.

Article 10 of the Maldivian constitution states that “Islam shall be one of the basis of all the laws of the Maldives” and prohibits the enactment of any laws “contrary to any tenet of Islam”.

Although members of the coalition defending Islam originally called for the closure of “the spas and massage parlors and such places where prostitution is conducted”, as well as a reversal of a policy which permits the sale of alcohol on areas declared “uninhabited islands” – such as in Addu City and Fuvahmulah were the government plans to build city hotels – the government’s all-or-nothing response has driven those members to alter their position.

After telling a gathering of thousands that “The only road we must follow is based on Allah’s callings,” Jumhoree Party Leader and tourism tycoon Gasim Ibrahim sued the government when it closed spa operations in five of his Villa Hotels resorts over allegations of prostitution.

Upon realising that the protests had prompted the UK to issue a travel advisory, and after refusing to answer an inquiry about rumors that Taliban members had entered the country to participate in the protest, religious Adhaalath Party said it “calls on the international community to visit Maldives without any fear, assures that there is no terrorism in the Maldives, and that it will never give space to terrorism in this country.”

The statement further assures the international community that Maldivians are capable of protecting tourists.

Speaking to Minivan News today, Adhaalath Party chief spokesperson Sheik Mohamed Shaheem Ali Saeed did not wish to comment on an ongoing court case but called on the government to take national decisions slowly.

“Maldivian people have no problem with the tourism industry. The Maldives is the best country in the Islamic world with dealing with non-Muslims. Doctors, teachers, all are living here in Maldives and we have nothing against them. The thing is social problems are increasing daily, and people are concerned,” he said.

Minivan News asked whether it was worth risking the tourism industry in the name of Islam.

“Everyone knows the tourism industry is the backbone of our national economy. That’s why no one wants to damage any side of the tourism industry in the Maldives. I am 100 percent sure there is no prostitution in the tourism industry here. It is very professional, it is the most famous tourism industry in the world and is accepted by the international community. Why would we want to attack ourselves?”

Shaheem recommended that the industry foster alcohol-free resorts to develop the nation’s economy and add variety to the tourism sector. “In 2011 there was a project with a company from Dubai trying to do an alcohol-free resort. And I know there are resorts not selling pork,” he observed.

Minivan News asked whether it was acceptable for the government to support resorts which do sell alcohol and pork.

“This is a religious issue, and it is in the Supreme Court, so I can’t talk about this issue,” Shaheem said, adding that he could not say whether the court verdicts would settle the matter.

The Tourism Ministry announced earlier this week that it was considering revising the ban on spa operations in resorts.

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Male City Council begins Primary Health Care program

President Mohamed Nasheed has today launched the “Primary Health Care Program” of Male City Council, which aims to facilitate immunization and other health services to children below five years of age.

In its first step the program will conduct a survey to determine the total number of children below five years of age living in capital Male’, Mayor Maizan Ali Manik said during the program launch at Vinares house in Machangoalhi district.

To inaugurate the program, President Nasheed visited that house and helped the children living there fill out primary health care forms.

City council officials are expected to visit every household in Male’ during the survey.

Speaking to the press, the President said the 11-seat council, which consists of nine ruling Maldivian Democratic Party (MDP) councillors, is now mandated with the important task of managing primary health care in Male’.

The primary health care program has not been “managed properly” in Male’, though the islands have been running the program successfully, he added.

Under the program, the council will be responsible for recording children’s height, weight, and other health indicators, the President observed.

Mayor Manik reiterated the importance of the initiative, adding that the council has decided to open Primary Health Centers (PHC) in Male’s four districts, as well as nearby Villingili and Hulhumale.

He added that the centers will help “reduce the current pressures faced by the hospitals” as parents can take their children to the paediatricians at the health centers instead of going directly to hospitals.

“The parents can bring the children here. The doctor at the center will recommend if further consultation is required from hospitals”, the Mayor explained.

He added that centers will provide immunization, vaccination and free consultations, among other health services.

The program follows the implementation of the Aasandha universal health insurance scheme, under which Maldivians will receive up to Rf100,000 of free health care per year. Government officials have said the scheme now holds the government to a higher standard of health care.

During the primary school admission process last year, the Ministry of Education observed that an increasing number of children were not properly vaccinated.

Parents are required to submit a vaccination report with the school application form when their children enroll in grade one, at the age of seven.

Following the Ministry’s observation, public health experts stressed the importance of a comprehensive primary health care initiative to ensure proper immunisation of children.

Speaking today to Minivan News, Public Health Programme Coordinator for the Center for Community Health and Disease Control (CCHDC) Dr Fathmath Nazla Rafeeq welcomed the city council’s initiative as an important move to provide easy access to vaccination  and monitoring.

She noted that the Maldives already has a record high vaccination coverage rate in the region, adding that the health centers will help “sustain the coverage”.

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DJA and JSC continues formation of Drugs Court

The Department of Judicial Administration (DJA) has requested President Office to provide an office complex to establish the Drug Court, while the Judicial Service Commission (JSC) continues the work of appointing court judges.

DJA Director Ahmed Majid told Minivan News today that DJA is responsible for all the “administrative and financial responsibilities of the Judiciary” and therefore continuing the work to establish the Drug Court’s office and staff.

“We have sent a letter to the President’s Office yesterday requesting them to provide a building to establish the court. We are looking to employ around 30 administrators as well”, Majid said.

Meanwhile, JSC Spokesperson Zaheen Hassan said that the commission members decided yesterday to solicit five judges – which is minimum number of Judges required to be appointed, according to article 39 of Drug Act which came into effect on December 31.

However, he noted that the law allows JSC to increase the number of judges on the bench. “We will open applications for judges very soon,” he added.

The Criminal and Juvenile Courts have meanwhile suspended all drug cases while they await the formation of a Drugs Court over the next 60 days as stipulated. Article 33(b) states that the courts should not hear or accept drug-related cases during that period.

After that two month period, the Criminal and Juvenile Court have 30 days to transfer those cases determined to fall under the jurisdiction of the Drugs Court.

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Juvenile Court acquits minor of terrorism charges over Himandhoo confrontation

The Juvenile Court has acquitted a minor charged with terrorism in the wake of a violent confrontation in the island of Himandhoo in Alif Alif atoll between a breakaway religious group and security forces.

The confrontation occurred in 2007 after police and military were dispatched to the island to shut down a private mosque and arrest suspects in the Sultan Park bombing incident.

Juvenile Court Spokesperson Zaeema Nasheed confirmed that the case was concluded today.

“This morning the case was concluded that he was found innocent,” Zaeema said. “He had been charged with terrorism.”

More than 50 people were arrested in the aftermath of the clashes in Himandhoo after islanders donned red motorcycle helmets and armed themselves with batons and knives to defend the Dhar al Khuir mosque on 6 October 2007. Police and soldiers were searching for suspects in the Maldives’ first Islamic terror investigation following a bomb blast in Sultan Park that injured 12 tourists.

On 2010 February 9, senior members of the current administration met with 16 people arrested and sentenced for the Himandhoo protest to inform them that President Mohamed Nasheed had decided to commute their sentences under the Clemency Act.

The confrontation in Himandhoo left one policeman with a severed hand while four others were injured. An officer was also held hostage by the group, who surrendered to the army after a last warning to evacuate the mosque by force.

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Family court requires criminal records and police reports for underage marriage

A new regulation at the Family Court requires underage couples applying for marriage to submit criminal records and police reports, in a bid to ensure that young girls are fully informed of their partner’s social standing.

Maldivian law allows girls and boys under the legal age of 18 to marry so long as they have reached puberty and have parental consent, and if the court finds no substantial reason to object to the union.

As of January 1, 2012, couples in which one or both partners is underage must now submit criminal records and a police report to the Family court, as well as confirmation of parental consent and medical reports.

The Marriage Registrar will also decide whether the couple holds a valid reason for marriage.

Speaking to Minivan News, Marriage Registrar Ahmed Abdullah said that the new regulation aims to “protect young girls” following observations that in most cases of underage marriage the applicant is a female below the age of 18 who wishes to marry a man of legal age. The man is sometimes found to hold a criminal record, he said.

Abdullah said that these criminal records are mainly related to drug offences- and that the girl and her parents are often “unaware” of them prior to the marriage.

However, he explained that the court would not decline a marriage request based on the criminal history of an applicant, as long as the legal requirements are met.

“Submission of criminal records would only help the girls and parents make a more informed decision about the partner”, Abdullah added.

Contrary to the assumption that most underage marriages in Muslim countries are “forced”, Abdullah assured that the court has not registered any marriage in which the court had identified the “slightest hint that any partner was forced”.

Rather, Abdullah claims that most girls applying to marry between the ages of 15 and 17 do so to escape poor living conditions.

“Most underage girls are from very poor backgrounds living in very harsh conditions, often with no parent or reliable guardian to support them,” said Abdullah. “So, they want to get a better life by marrying”.

In the event that a marriage request is denied, Abdullah said some girls write repeatedly, “pleading for approval”.

According to him, there are exceptional cases where the boy and girl come from very good backgrounds and “they want to get married because parents do not approve of relationships out of wedlock”.

“Most parents are scared their kids might make a mistake, that is why want them to get married,” Abdullah observed.

As a Muslim nation, the Maldives subscribes to social standards in keeping with Quranic teachings, which strictly regulate the relations between a man and a woman. While Maldivian culture similar opposes “dating” in the modern sense, the “boyfriend-girlfriend” relationship, or bitun, is fairly common.

Last year, almost 50 underage marriages were registered at the court.

Although the Maldives is known for its record-high divorce rate, Abdullah noted that the “divorce rate in under age marriages are surprisingly lower” than in legal age marriages.

Former Gender Minister Aneesa Ahmed argued that a lack of information and social pressure combine to make it difficult for young girls to make healthy decisions regarding marriage.

Though it may appear that young girls want to get married, Ahmed said “often they are lured into marriage by their parents” who find the prospect of a wealthy son-in-law appealing. “The girls would not be able to make a good decision about their marriage partners” in that context, she added.

Ahmed observed that in most marriages between a young girl and an older man, the man has wealth, high social status, or both. She added that the girl is rarely consulted, and “parents are often to blame”.

In the event that an underage girl claims to have no parent or legal guardian, the state becomes responsible for her security. Ahmed pointed out that this mechanism does prevent girls from lying about their background, and allows for higher scrutiny.

“The court also must play an important role to ensure the rights to the underage girl”, she said.

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Criminal Court, Juvenile Court suspends drug cases awaiting formation of Drugs Court

The Criminal and Juvenile Courts have suspended all drug cases while they await the formation of a Drugs Court over the next two to three months. The decision follows stipulations for court formation provided in the recently-ratified Drugs Act.

Under Article 33 of the Act, all drug cases currently before the Criminal and Juvenile Courts must be transferred to the Drugs Court, following discussions between the Prosecutor General and judges.

Article 39 meanwhile requires the Judicial Service Commission (JSC) to appoint at least five judges to the Drugs Court within 60 days after the law was ratified.

After that two month period, the courts have 30 days to transfer those cases determined to fall under the jurisdiction of the Drugs Court.
Meanwhile, article 33(b) states that the Criminal and Juvenile Courts should not hear or accept drug-related cases during that period.

The Drugs Court will have jurisdiction over those charged with possession and abuse of drugs as well as those accused of committing criminal offences under the influence of drugs.

According to the Act, a specialised Drugs Court of superior court status will combat drug addiction by integrating rehabilitation services into the court system.

Traffickers will be tried in the Criminal Court.

A 2011 prison report by the United Nations Development Program (UNDP) argued that the unnecessarily high number of inmates serving drug sentences was a major concern for prison reform. A majority of inmates are males under the age of 30, while 66 percent of inmates are serving time for drug use or possession.
Speaking to Minivan News at the time, Co-author Naaz Aminath pointed out that most modern judicial systems carried heavier sentences for traffickers, “but here, traffickers get 25 years while small-time users get 60 to 80 years. These are not hard-core criminals, but they’re put away for almost their entire lives.”
Police officials today said that while drug arrests are made on a regular basis, they did not expect any complications to their work while the cases are suspended at the court level.

In a previous article, Police Drug Enforcement Unit Superintendent and Chief Inspector Mohamed Jinah said the bill would be “very useful and instrumental for the police enforcing the drug policies,” and would allow police to focus more on drug trafficking.

Jinah was unavailable for comment at time of press.

Ahmed Nazim, a Research and Development officer at Journey Rehabilitation Center in Male’, added that by distinguishing between the source (drug traffickers) and the consequence (drug use), the new system would reduce the amount of drugs on the street.
He said the Act “puts a lot of emphasis on giving addicts proper treatment”, and accepts the modern argument that addiction is a medical condition rather than a behavioral problem.

The Drugs Bill was introduced in 2009, detained in the Committee for Social Affairs since early 2010, and approved by Parliament on December 28. President Mohamed Nasheed ratified the bill on December 31, 2011.

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The President will not apologise for Pillay without Parliament: Zuhair

President Mohamed Nasheed will neither condemn nor apologise to the people over the statements made by UN human rights chief Navi Pillay about flogging, Press Secretary Mohamed Zuhair has said.

Zuhair explained that the comments were made before Parliament, which has not yet spoken against the comments.

He said the President would respond after “the head of the particular state body cites a valid reason to speak against Pillay’s comments.”

During her visit in November, Pillay told Parliament that flogging as a punishment for extra-marital sex was one of the most degrading punishments for women, and asked that the government issue a moratorium on the Shariah-based penalty.

According to Haveeru, Zuhair said that former President Maumoon Abdul Gayoom earlier made statements similar to those of Pillay.

The demand that the President apologise for Pillay’s remarks is one of five demands made the coalition which protested in defense of Islam on Friday, December 23. Since then, the government taken steps to address the demands which include removing SAARC monuments in Addu, preventing Israeli airlines to operate flights into the Maldives, closing down brothels and places where prostitution is practiced, and reversing the decision to declare areas of inhabited islands uninhabited in order to permit the sale of alcohol.

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Police arrest arson suspect in Miladhoo fire case

Police have arrested a suspect in the arson attack on Noonu atoll Miladhoo island council office last week.

Police confirmed the arrest, however they did not give any further details as the investigation is ongoing.

Local newspaper Haveeru identified the arson suspect as Mohamed Aboobakuru, aged 45, of Kashmeeruvaadhee in Miladhoo.

The fire, which was reported on the early morning of December 28, wreaked extensive damage on the Miladhoo council office and the adjacent island court.

President of the Miladhoo island council Hussain Ghassan earlier told Minivan News that the had received “several threats” from some people unhappy with the council, of which a majority sides with opposition Dhivehi Rayyithunge Party (DRP).

“Some even threatened to burn down the office”, he said.

Ghassan reported that the council work has been halted due to the incident and they are looking for a new office to continue work.

However, he said it would be difficult to proceed as “all the paperwork, furniture and other items were lost to the fire”. The damage would cost the council around Rf 1 million (US$65,000), he added.

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Tourism Ministry may revise spa ban

The government is looking to revise the circular issued late last week requesting that resorts, hotels and guesthouses close down their spas over public allegations that they double as brothels.

“As specifying a certain distance from Male’ would not be a wise decision [in closing down spas] and that other resorts, which also cater for locals, are located close to inhabited islands, the government has decided to close down the spas in all the resorts on a fair basis and by giving a higher priority to the allegations made,” the circular read.

The decision to reconsider the circular was made after several resort owners and the Maldives Association of Tourism Industry (MATI) expressed “serious concern”.

A statement signed by MATI Secretary General ‘Sim’ Ibrahim Mohamed released last week expressed concern with financial losses as a result of the decision as well as effects on holiday-makers currently in the Maldives.

MATI urged the government and opposition parties to “find a peaceful solution” to the dispute.

“The tourism industry wishes for all actors in the political sphere to prioritise the domestic economy, development and security over differences and disagreements among political parties and not involve the economy’s main industries in these disputes,” reads MATI’s appeal.

MATI’s Chairperson M U Manik and Vice Chair ‘Champa’ Hassan Afeef have made statements in the media urging the government to reverse its decision to shut down resort spas after considering the consequences for the economy.

Meanwhile the government has also announced that it is considering banning pork and alcohol across the country, in response to the large number of Maldivians who protested against the government’s current purported “anti-Islamic” policies.

Tourism Minister Dr Mariyam Zulfa told Haveeru yesterday that the circular was issued in response to demands made by the coalition of religious NGOs and opposition parties during the protest to defend Islam on December 23. These demands included the closure of places which support prostitution, namely spas and massage parlors.

Zulfa noted that a policy shift towards strict Islam would have a profound economic impact on the Maldives.

“We can only sustain our economy by following the moderate form [of Islam] which has been in the Maldives until now,” she told Haveeru. “We [ministers] are labelled anti-Islamic because we support the tolerant form [of Islam]. But that label is a disgrace to our parents as well.”

According to Zulfa, several resorts had raised concern over the circular, and while they “are aware of the reasons that led us to take the decision,” the ministry is investigating a compromise.

The Minister was unavailable for comment at time of press.

Minivan News understands that several tour operators have also been calling resorts to inquire if indeed their spas and massage services have been closed down. Hulhule Island Hotel, near Male’, has closed its spa indefinitely.

Maldives Association of Travel and Tour Operators (MATATO) earlier issued a statement condemning the government’s decision to close five Villa Hotels’ resort spas over allegations of prostitution. MATATO noted that local and foreign resorts, tour operators and travel associations had expressed concern over the decision and that the damage to the industry would be grievous.

“The spa and wellness concept is very popular among tourists,” read the statement. “We urge the government to keep politics away from Tourism and also advise various
Tourism stakeholders as well to do same, as majority of Maldivians depends on Tourism for their livelihood and is something to be dealt with extreme caution and care.”

Today, MATATO did not respond to phone calls.

Speaking at a press conference held the day before the circular was issued, President’s Office Press Secretary Mohamed Zuhair justified the strong measure by saying that given the difficulty of distinguishing spas which endorse prostitution from those which do not, and that many high-profile Maldivians visit resort spas, it was important that strict measures be taken to protect those Maldivians’ good names.

Meanwhile, members of the coalition which made the demands have accused the government of “making a mockery of the demands” and “making excuses.”

Alleging that the government is targeting protesters, coalition spokesperson Abdullah Mohamed announced a sixth demand–that the government “stop causing harm to anyone who participates in the religious movement”.

The coalition has given the government until January 5 to fulfill the demands made on December 23, and has warned of further mass protests or direct action in the event that the deadline is not met.

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