Hong Kong court sentences Maldivian man to life imprisonment for murder of British woman

A 31 year-old Maldivian man has been sentenced to life imprisonment in Hong Kong for the murder of 64 year-old British woman Janet Gilson, a retired major in the Salvation Army.

Ahmed Fareed was arrested by Hong Kong police in March 2011 after the discovery of Janet Gilson’s body under a sofa in a flat belonging to her niece, Julia Fareed – the estranged wife of the accused.

During sentencing at Hong Kong’s Court of First Instance on Thursday (June 20), the presiding judge described Fareed as being “highly dangerous”, stating that the crime was a most brutal killing of a woman aged 64 who had done no harm to the defendant, the South China Morning Post reported.

Sentencing Fareed to life imprisonment, the judge said no motive had been established for the killing of Gilson.

During the trial, the jury heard that the accused had been previously barred via a court order from entering his wife’s home over concerns about his temper.

Media reported that the jury were told during the six day trial how Fareed stood accused of tying up Gilson with rope, before hitting her hard on her forehead. He was then accused of suffocating the victim by stuffing a towel in her mouth while she was still alive. Gilson’s body was later discovered with four broken ribs after being recovered by authorities.

The judge also accused Fareed of committing a calculated murder after the jury were told how he had sent a text message from Gilson’s phone telling her niece she had travelled to Aberdeen in Scotland.

The jury were unanimous in declaring Fareed guilty of the crime.

“Ultimate sacrifice”

Speaking to media after the trial, Julia Fareed praised her late aunt for the “ultimate sacrifice” she had made to allow both herself and her daughter to leave her ex-husband “without fear”.

“To those people that are in relationships with violent partners: I strongly urge you to get away, putting [yourselves at a] sufficient distance to end matters peacefully,” she was quoted as saying.

“I made the mistake of believing I could help change my ex-husband, giving him many chances,” she said. “I realise the error of that judgement now and hope that others can also learn from that.”

Speaking to local media today, Fareed’s family in the Maldives expressed “shock” at the life sentence passed by the Hong Kong court.

Ramzee Mohamed, Fareed’s brother, told Haveeru that his family had previously been informed by the Foreign Ministry that there was insufficient evidence to secure a conviction.

Ramzee claimed Fareed had also never displayed any behaviour in line with the violent nature of the attack, adding that his family did not understand why he attacked the victim instead of his ex-wife.

“He had problems with his wife. So it’s difficult to understand why he would murder her aunt. It’s difficult to believe. But when a court has passed the judgement, what can we do? We could appeal the judgment if it was the Maldives,” he was quoted as saying.

According to Haveeru, Fareed’s family also accused his ex-wife of influencing the trial, alleging she was “extremely influential” in Honk Kong, but without clarifying further.

A Foreign Ministry spokesperson confirmed today that no official notice had been received informing them of the outcome of the trial.

“We have not received a letter yet confirming the verdict, as it was announced over the weekend here,” the spokesperson said today. “However, I think we will get the verdict soon.”

The Foreign Ministry said that in cases where Maldives nationals were imprisoned of facing trial abroad, it was required to provide assistance such as establishing communications with their family.

“From the start of this case, we have been in contact [with Fareed] through our Chinese Embassy and honorary consulate in Hong Kong to provide services like translation and to keep him in touch with his family,” said the spokesperson.

The Foreign Ministry spokesperson said that the Maldives itself had no agreements with Chinese authorities regarding the transfer of prisoners in custody, adding that Fareed would be expected to serve his sentence in Hong Kong “for the time being”.

Fareed’s arrest

Fareed was arrested in March 2011 on Hong Kong pier after Janet Gilson’s body had been found during a second search of her niece’s flat.  Gilson went missing on March 15, 10 days after arriving in Hong Kong. The body was reported to have severe head injuries when discovered.

Local media in the UK reported that Gilson was a long-serving Major in the British branch of the Salvation Army, an international Christian institution with a quasi-military structure known for its charitable work and rehabilitation of alcoholics and drug addicts, and had worked for 40 years as a Christian missionary.

“She had stopped the missionary work but she was still active and in a very high position [in the Salvation Army],” Gilson’s neighbour in her home of Leigh-on-Sea told local media at the time.

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UN translates Special Rapporteur’s report on judiciary into Dhivehi

The UN has released an unofficial Dhivehi translation of Special Rapporteur Gabriela Knaul’s extensive report on the state of the Maldivian judiciary.

In her report, Knaul expressed “deep concern” over the failure of the judicial system to address “serious violations of human rights” during the Maldives’ 30 year dictatorship, warning of “more instability and unrest” should this continue to be neglected.

The report is a comprehensive overview of the state of the Maldivian judiciary and its watchdog body, the Judicial Services Commission (JSC). Knaul examines the judiciary’s handling of the trial of former President Nasheed, the controversial reappointment of unqualified judges in 2010, and the politicisation of the JSC.

Knaul also examines parliament’s failure to pass critical pieces of legislation needed for the proper functioning of the judiciary and “legal certainty”, as well as raises serious concerns about an impending budget catastrophe facing the judicial system.

Read the translation (Dhivehi)

Read the original report (English)

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Female resort worker dies after being hit by dive boat propeller

A 27 year-old female resort worker died yesterday after she was hit by the propeller of a diving boat near the island of Hinmafushi.

Police said Aishath Safa, who worked as a telephone operator at the Four Seasons Kudu Huraa resort 20 minutes from Male’, was hit by the propeller while on a diving excursion after the boat pulled over to pick up another person in the water.

Four Seasons Kuda Huraa issued a statement confirming the incident, and noting that the police investigation was ongoing.

“The Senior Management of the resort extends it deepest sympathies and has offered its fullest support and assistance to the family of Ms Aishath Safa,” the statement read.

The resort stated that Safa was a certified Open Water diver and had joined the afternoon dive session on her day off from work.

During a rally last night former President Mohamed Nasheed expressed sorrow over Safa’s death and praised her contribution to campaigning for the Maldivian Democratic Party (MDP).

“Safa was a young woman who worked in numerous ways for the MDP and reform in the Maldives. May God grant her Paradise and give patience to her family,” Nasheed tweeted.

The incident is the fourth serious accident involving a boat propeller this year, and the second fatality.

On June 1, a German woman on honeymoon at Reethi Beach Resort suffered serious leg injuries after she was hit by the propeller of a dive boat.

A 51 year-old Italian woman died on January 31 while snorkeling near Elaa Island in Thaa Atoll, suffering major head injuries after she was hit by a boat propeller.

An 18 year-old Maldivian man was also seriously injured trying to disentangle a fishing line from a dhoni propeller on April 23.

Nauf Ibrahim was hit in the head by the propeller and suffered serious injuries including a skull fracture and internal bleeding. He was taken to Laamu Atoll regional hospital and later transfer to Indira Gandhi Memorial Hospital (IGMH) by Maldives National Defence Force (MNDF) helicopter.

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Resorts hope for end to “food and beverage nightmare” as Maldives suppliers run out of gas

Resort operators and businesses across the Maldives have been forced to dramatically alter menus and even temporarily close entire restaurants after weeks of disruptions to the supply of Liquefied Petroleum Gas (LPG).

The general manager of one exclusive resort told Minivan News that LPG shortage had created a “food and beverage nightmare” over the last three weeks.

“Comedy of errors”

Maldive Gas, a major supplier of cooking gas to both resort operators and restaurants across the country’s inhabited islands, released a statement (Dhivehi) on Thursday (June 20) saying it expected the LPG issue to be resolved today.

Apologising to its customers, Maldive Gas stated that it had been forced to ration LPG to clients to avoid running out, citing a malfunction in the engine of a cargo vessel bringing a shipment to the Maldives as the reason for the issue.

Asked whether the company had resolved the LPG shortage today as promised, Maldive Gas requested Minivan News contact a company representative at its plant on the island of Thilafushi, who was not responding to calls at time of press.

Speaking to local media today, Maldive Gas Managing Director Ahmed Wafir announced that the company had since removed restrictions over the supply of LPG.

“Gas is now available as it was available from us before, without any limit,” he was quoted as telling Sun Online.

Minivan News understands that other key local suppliers such as Villa Gas have also been affected by the recent LPG shortage. Local businesses that are customers of the company said today they had been informed the issue would be resolved within the next 24 hours.

Despite the supplier’s claims, a resort general manager told Minivan News on condition of anonymity that many of the country’s exclusive island properties had been forced to drastically cut their menus due to a “comedy of errors” by suppliers.

The source claimed suppliers had been experiencing gas shortages even before reports surfaced that a transport vessel had broken down around 200 kilometres from Male’.

According to the general manager, very little information had been given by suppliers over what had led to the rationing, which was having a direct impact on a large number of tourism properties.

“All resorts have been affected from what we’re told, and what I’ve heard from other resorts. This also happened the same time last year and it seems suppliers have not learnt from this,” the resort source claimed.

The general manager said that aside from having to minimise menus, catering staff on the property had been forced to set up barbecues around the resort to try and feed guests, with certain restaurants and an on-site pizza oven out of use for most of the month.

“Needless to say, there have been complaints from guests,” the source responded, when asked about the potential damage the shortage of LPG would have on the Maldives’ reputation as a high-end tourism destination.

The general manager added that although the resort had continued to receive a limited supply of around two bottles of LPG a day during the shortage, this had been insufficient to meet the property’s average daily consumption of eight.

“Suppliers have told us normal service will resume by this evening, I’m about 90 percent certain [it will resume],” the source said.

In Male’, local media reported that a number of cafes and restaurants had also been negatively impacted by gas shortages over the last week, with some even forced to close.

“Very scary”

Local businessman Fasy Ismael, the co-owner of several well-known restaurants in the capital including The Sea House Maldives, Jade Bistro and Oxygen, described the challenge of trying to secure LPG as “very scary” for businesses such as his in recent weeks.

“We weren’t sure when we’d get LPG in, and thought we might have to shut down for a couple of days,” he said.

Fasy claimed that even today, his restaurants had only been receiving half the total amount needed to run the businesses.

“For the last week, we haven’t been able to get a full supply from Maldive Gas. Villas Gas has not been able to supply us for two weeks,” he said. “We are lucky we use two different suppliers to meet our needs.”

Fasy said today that both gas suppliers had promised that supply would be returned to normal by tomorrow at the latest.

He said his restaurants had narrowly managed to stay open, thanks to a large reserve stock of 15 bottles.

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GMR compensation claim of US$1.4 billion eclipses annual state budget

Indian infrastructure giant GMR has filed a claim for US$1.4 billion in compensation from the Maldives, following the government’s sudden termination of its concession agreement to manage and upgrade Ibrahim Nasir International Airport (INIA).

According to Indian media, the 75 page claim for “wrongful termination” of the concession agreement includes payments to subcontractors and loss of profits over the lifespan of the 25 year agreement.

Both the government and the state-owned Maldives Airports Company Limited (MACL) will be invited to respond, with a final court order in the case expected in March 2014.

In separate Singapore-based arbitration proceedings one of the project’s lenders, Axis Bank, is also seeking payment of US$160 million for a loan guaranteed by the Maldivian Finance Ministry.

Axis Bank recently raised concerns with MACL and the government, after President Mohamed Waheed moved to create a state-owned airport company and transfer to it MACL’s management responsibilities.

The prospect of MACL’s assets being dissipated led Airports Council International (ACI), the global body representing the world’s airports, to advise its members to exercise caution before making any investment in the Maldives relating to INIA, warning of “legal and financial risks”.

The government subsequently dropped the attempt, after its Attorney General Aishath Bisham warned that President Waheed had exceeded his authority in appointing board members to the new entity.

The lead up to eviction

GMR, in consortium with Malaysia Airports, narrowly won the International Finance Corporation (IFC)-managed bid for the airport in 2010, and signed the agreement with MACL under the former government of Mohamed Nasheed

The then-opposition, including the Progressive Party of the Maldives (PPM), People’s Alliance (PA), Dhivehi Qaumee Party (DQP) and Adhaalath Party (AP), opposed the agreement primarily on nationalistic grounds, and alleged corruption in the bidding process.

Other concerns raised by the opposition at the time included the prospect of GMR allowing Israeli military aircraft to stop over in the Maldives and refuel “after bombing Arab countries”.

The DQP then filed a civil court case, managing to block the developer’s charging of an Airport Development Charge (ADC) stipulated in the concession agreement, on the grounds it was a tax and therefore required parliamentary approval.

Backing the concession agreement, the Nasheed government permitted the airport developer to deduct the ADC from its share of the revenue as a stopgap measure, while it sought to appeal.

However shortly afterwards the Nasheed government was deposed during February 7 2012’s controversial transfer of power, and the opposition parties assumed control of the government – and the prospect of paying GMR for the development of the airport.

The government received US$525,355 from the airport for the first quarter of 2012, compared to the US$8.7 million it was expecting, at time it was facing a crippling budget deficit, a foreign currency shortage, plummeting investor confidence, spiraling expenditure, and a drop off in foreign aid.

In the second quarter GMR presented MACL with a bill for US$1.5 million, and in the third quarter, US$2.2 million.

“The net result of this is that the Maldivian government now has to pay GMR for running the airport,” wrote DQP Leader and newly-appointed Special Advisor to President Mohamed Waheed, Dr Hassan Saeed, in a self-described “candid” letter to Indian Prime Minister Manmohan Singh.

A subsequent report by the government’s own Auditor General (AG) found concession revenue due the government had plummeted fourfold as a result of the court verdict sought by Saeed’s own party while it was in opposition.

According to the report, net concession revenue to the government had fallen to just US$6,058,848 in 2012, compared to US$25,424,877 in 2011.

Rather than appeal the Civil Court verdict obstructing the ADC, “The new government took the view that it would not be proper for it to intervene in the legal process for the benefit of a private concern,” the report noted, and instead, on April 19 2012, the informed the developer it was “retracting the previous agreement [to offset the ADC] on the grounds that the then Chairman of MACL did not have the approval of the MACL board to make the agreement.”

GMR asserted that this decision was a political event as defined within its concession agreement, and warned that this would amount to a breach of the agreement by the government.

“The government did not accept this argument,” noted the AG.

Seeking a way out of the agreement but wary of the heavy penalties in the termination clause, the government accused the World Bank’s IFC of “irresponsibility” and “negligence” in its conduct of the bidding process.

“The government must also consider how much money has to be paid back as compensation if terminating the agreement,” said Attorney General at the time, Azima Shukoor, during a prescient press conference in September 2012.

“It is clear to all of you that the Maldives financial and economic situation is at a critical level, and in this situation [termination] is not an easy thing to do,” Shukoor said.

In August 2012, with the new terminal and refurbishment 25 percent complete according to the government’s outside engineering assessment, the government ordered a halt to construction pending new ‘regulatory approvals’, and demanded a second runway not included in the original agreement.

GMR agreed to construct an emergency runway and proposed exempting Maldivian nationals from paying the ADC as a compromise. The company received no response to the offer.

Dr Hassan Saeed meanwhile issued a pamphlet calling for the cancellation of the agreement, likening it to “taking bitter medicine to cure a disease” or “amputating an organ to stop the spread of cancer.”

In his letter to Indian Prime Minister Manmohan Singh, dated September 19 2012 and obtained by Minivan News, Saeed further claimed that “GMR and India ‘bashing’ is becoming popular politics”, and warned that “as a result, “the Maldives is becoming fertile ground for nationalistic and extremist politicians.”

“I want to warn you now that there is a real danger that the current situation could create the opportunity for these extremist politicians to be elected to prominent positions, including the Presidency and Parliament on an anti-GMR and anti-India platform,” Saeed informed Singh.

Saeed went on to accuse GMR of extensive bribery, including the payment of “millions of dollars to buy MPs to get a parliamentary majority for the then ruling Maldivian Democratic Party”.

He claimed that “politicians and MPs who end up in GMR’s pocket keep silent but no one – with the exception of former President Nasheed and his key associates – have defended the indefensible GMR deal in public.”

Eviction

In late 2012 the government declared the concession agreement ‘void ab initio’ (invalid from the outset), and gave GMR seven days’ notice to leave the country.

The move swiftly followed the Singapore Supreme Court’s lifting of an injunction blocking MACL from taking over the airport pending arbitration proceedings, on the grounds the arbitration court had no jurisdiction to prevent the Maldives as a sovereign state from expropriating the airport.

The full verdict however did not exempt the government from compensation for this maneuver. In fact, according to the verdict document, Financial Controller for the Ministry of Finance Mohamed Ahmed “affirmed in an affidavit that the Maldives government would honour any valid and legitimate claim against it. He also stressed that the Maldives government had never defaulted on any of its payments.”

Moreover, lawyer representing MACL, Christopher Anand Daniel, “also accepted that if the arbitration tribunal found that the Appellants were wrong in their asserted case that the Concession Agreement was void ab initio and/or had been frustrated, but the Appellants had by then already gone ahead with the taking over of the airport, they would at least be liable to compensate the respondent for having expropriated the airport” (emphasis retained).

ACC exonerates airport deal

The Auditor General’s report acknowledged allegations of corruption in the deal, but finding the evidence “not conclusive on this point”, deferred to the judgement of the Anti-Corruption Commission (ACC).

That arrived on June 17, 2013, in the form of a 61 page investigative report that concluded that the bidding process was conducted fairly by the IFC, and that the GMR-MAHB consortium won the contract by proposing the highest net present value of the concession fee.

The ACC further concluded that the awarding of the contract did not contravene amendments brought to the Public Finance Act requiring parliamentary approval for such agreements.

Furthermore,  “Considering the situation (2008, 2009 and 2010) when the decision was made to privatise the Male’ International Airport,” the ACC’s calculations showed that MACL would make a profit of about US$254 million in 25 years if the airport was operated by the government-owned company.

Conversely, the government would receive about US$534 million in the same period from the GMR consortium if the airport was privatised, the ACC found.

Reactions

Following publication of the ACC’s report, the government has backed away from allegations of corruption and instead declared to evict the developer was made due to its impact on state finances.

“Back before the government took back control of the airport from GMR, the reason we gave was that the deal was bleeding the country’s economy. We were paying GMR to keep them here,” President’s Office Spokesperson Masood Imad told Minivan News last week.

Azima Shukoor meanwhile labelled ACC’s report “incomplete” and “lacking professionalism”, in an interview with local media.

“There’s no contradiction between the government’s decision and the ACC report. We never levelled any corruption charge in terminating the agreement,” said the former Attorney General, in an interview with local media.

“Did [the ACC] omit the factors deliberately or unknowingly or simply just overlooked them? But a lot of factors have been overlooked and omitted from the report. The state will suffer great losses because of it. Especially when the country is tied up in [arbitration proceedings],” Shukoor was reported as saying.

“The state did a thorough investigation of the contract, including what happened during and after the signing of the agreement. So the government’s legal position doesn’t and shouldn’t change due to the report. We made a very firm decision,” she said.

Speaking at a campaign rally on the island of Thimarafushi in Thaa Atoll, former President Nasheed observed that the figure sought by GMR as compensation amounted to more than the annual state budget of the Maldives.

“Even today in my view it is one of the most important duties of the People’s Majlis to renew the contract, find a way to hold discussions with the company over [renewal], and save the Maldives from the great misfortune our people are about to face,” he said.

Former President Maumoon Abdul Gayoom’s PPM have meanwhile laid the blame for the airport debacle on President Waheed, accusing him of “ignoring advice”.

“We told the next President Mr Waheed that he should hold discussions with the GMR Group and the Indian government to arrive at an acceptable solution, after which the government was free to act on its own,” he said. “Unfortunately, this was not done and suddenly there was this unhappy ending,” Gayoom was reported as saying in the Hindu, following a visit to India and a meeting with Prime Minister Singh.

Following the PPM’s apparent turnaround on the GMR issue, Parliamentary Group Leader of the Waheed-aligned Dhivehi Rayithunge Party, Dr Abdulla Mausoom, said it was in fact senior figures in the PPM who were among the most vocal supporters for terminating the GMR agreement.

“It is ironic that we are hearing these statements from the PPM, whose leader has been witnessed supporting rallies demanding the cancellation of the [GMR] agreement,” he said.

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Comment: Can the World Bank end gender-based violence?

This week, the World Bank South Asia Office gathered government officials, civil society, parliamentarians, academics and journalists from around the region  in Kathmandu to discuss the issue of violence against women. This is the first time in the bank’s 60 year history that it has joined the global cause to end gender-based violence.

Violence against women has been long recognised as a serious issue on the global development agenda. The United Nations (UN) General Assembly adopted the Declaration on the Elimination of Violence Against Women in 1993 and since then international community have unanimously agreed on gender-based violence as a serious human rights issue and public health priority.

However, despite the international spotlight and years of support from UN agencies to advance women’s rights, the number of women and girls killed, beaten or raped around the world remains astoundingly high.

South Asia world’s “most gender-insensitive region”

Opening the panel discussion on gender-based violence at the annual spring meeting in Washington last April, the World Bank Vice President for South Asia Isabel Guerrero said “we cannot keep silent” in the face of such “horrific acts”.

“We have to add our voices,” she emphatically noted.

She was referring to the gang rape of a 23 year-old in India and the shooting of 15 year-old Malala Yoosuf by extremists in Pakistan. Both incidents are a striking reminder of the pervasiveness of violence against women in the region.

According to a 2003 UNFPA report, South Asia is the world’s most “gender-insensitive” region with one in two woman found to be a victim of physical and sexual abuse in their homes. Other forms of violence are also rampant.

In India a woman is raped every 22 minutes, 22 women are killed each day in dowry related violence, and 50 million women are ‘missing’ due to sex selective abortions.

In Nepal, 7000 women and girls are trafficked for sex every year, while in Bangladesh every week more than 10 women are attacked with acid. In Pakistan more than 450 women and girls die every year in so-called ‘honour killings’ while in Sri Lanka, 78 percent of victims of grave sexual abuse are women and girls.

Because of these atrocious forms of violence, the South Asian women’s fundamental right to health and bodily integrity has been severely eroded. They live less, work less and even eat less.

According to an OXFAM 2004 report, gender based violence has severely limited women’s choices in practically all spheres of life and explains the uniformly poor gender-related development indices of South Asia in crucial sectors like health, nutrition, education, political participation, and employment.

Ending the pandemic levels of violence against women remains one of the key challenges in achieving development in the region which has more than 500 million people living in extreme poverty.

So can the World Bank’s entry into the fight to stop violence against women make a real difference?

The bank’s leverage

At the Kathmandu discussions, several participants asked the bank what it could do to stop violence against women.

Undoubtedly, the World Bank is one the most influential global players with the power and resources to prompt changes.

Tahseen Sayed, Nepal Country Manager for the World Bank, acknowledged the bank’s lack of presence on issues such as gender-based violence, and described the conference as an effort to show its determination to change this approach.

Sayed revealed that the bank would be “leveraging our role as one of the largest development partners with the countries we are working on, at the policy level”, in addition to advancing research to identify the economic and social costs of violence and expanding funding to related projects.

However, she stopped short of explaining how exactly the bank will use its leverage as a development partner.

“I cannot tell you how precisely we are going to do this,” Sayed pointed out.“But the fact that we have two of our vice presidents here, and managers here at the World Bank in this room, we will be taking this forward and see how best we can bring this into our discourse on the concrete areas we work on whether it is assistance to the countries, whether it is regional dialogue or global dialogue.”

This is a critical announcement as the World Bank, similar to the IMF, has the power to deny assistance to countries that do not meet its conditions or requirements.

Feryal Ali Gauhar, political economist and feminist writer from Pakistan believes that denying bank’s assistance to countries where the state is deliberately neglecting to protect the the most vulnerable groups can certainly be effective in creating change.

“When the bank is the agency to deny or grant a loan, it can use data provided by credible institutions, which would indicate whether the state is fulfilling its responsibility to end gender-based violence or protection of most marginalised and vulnerable groups in society.” Gauhar noted.

“If [the World Bank] can make decisions to extend or not extend loan on political issue, why cannot they exercise or exert that same kind of pressure for other loans they are extending?” she asked. “Certainly money would a ring a bell.”

Flogging in the Maldives

The Maldives, despite its admirable progress in the areas of education, health and reduction of poverty, still continues to be plagued with widespread physical and sexual abuse of women and children. One in three woman aged between 15-44 the victim of sexual or physical abuse.

There is little or no access to sexual and reproductive health education and as a result,, unsafe sex, early marriage, unwanted pregnancy, abortion and a lack of reproductive health rights are highly prevalent among young people. These realities are reflected in the gender indicators which show low female enrollment in the higher education system, double the rate of unemployment among females, and under-representation of women at a decision making level.

The World Bank recently granted US$10 million in aid to expand the higher education system in the Maldives. The decision came just weeks after Maldivian authorities were slammed for sentencing a 15 year-old rape victim to 100 lashes on charges of pre-marital sex under the country’s Sharia-based legal system..

Ninety percent of those flogged for fornication or adultery in the Maldives are women and underage girls. The United Nations and international human rights organisations have called for the Maldivian authorities to end this degrading form of punishment disproportionately meted to towards women and girls.

Other strict Sharia penalties such as capital punishment and amputation were suspended half a century ago.

But despite the calls from United Nations, human rights group such as Amnesty International and a global petition with over two million signatures, the Maldivian authorities have consistently shied away from changing their stance on imposing a moratorium on flogging. Much of this is due to their fear of voter backlash from rising conservative groups and their supporters in the country.

“It would be political suicide,” said a parliamentary member currently overseeing the revision of penal code, which includes flogging as a punishment. “We want to remove it as well. But, our hands are tied. Only public pressure can stop it.”

However, there is little visible support from the Maldivian public. In contrast, conservative groups are staging mass protests calling for flogging, beheading, stoning to death and amputation to be reinstated. The few who dare speak against these extremist views are slammed as “Laadheenee” (un-Islamic) and harassed online and on the streets.

So in this politically polarised climate, can a global player such as World Bank pull the plug on flogging in the Maldives by denying assistance to the country, unless it stops degrading and discriminatory practices such as flogging?

A civil society activist from Sri Lanka also highlights a recent case in which the world bank’s partner, International Monetary Fund (IMF) approved a US$2.6 billion loan to Sri Lanka despite the widespread accusations of human rights abuses committed during its civil war.

“There are several reports and evidence of women and girls being raped during the conflict. Several more civilians, including children have been killed” he noted. “But the IMF still approved the loan, against the calls from human rights organisations because Sri Lankan government has done little to investigate these abuses and protect the rights of Tamil minority”

So can the bank, and IMF use its leverage as a donor to push negligent governments into taking meaningful action to guarantee the rights of women and other vulnerable groups?

A South Asian diplomat is skeptical.

“Unless we can shift the society’s view at grass roots level, no sanction is strong enough to stop violence against women,” he said, on condition on anonymity.

“If Maldivian public doesn’t want to stop flogging, how can the World Bank stop it?”

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Poll of President’s party members reveals 85 percent fraudulent: Anti-Corruption Commission

The Anti Corruption Commission (ACC) has interviewed 100 members of President Mohamed Waheed’s Gaumee Ihthihaadh Party (GIP) and alleged 85 percent of those polled had no knowledge of ever joining the party.

According to a statement from the ACC, these interviewees said they had neither filled out nor signed any GIP membership forms. The ACC said the details of the interviewees had been shared with the Elections Commission (EC), and called on it to cease processing GIP’s membership forms until it had verified they were genuine.

Other issues in the submitted membership forms highlighted by the ACC included inconsistencies between entry dates and dates written on the forms, as well as the case of some applicants having died prior to signing their forms.

“Two of the forms submitted to the Elections Commission for registration as Gaumee Ihthihaadh Party members were signed by persons who had passed away prior to the forms being sent to the EC. One person who according to the form had signed up for the party on March 6, 2013 had in fact passed away on August 8, 2012. Another applicant said to have signed up on February 16, 2013, but passed away on January 16, 2011,” the ACC declared.

The ACC said the investigation followed a complaint received by the commission stating the GIP had fraudulently enrolled members in their party through the misuse of records and information of two state institutions.

GIP Spokesperson Abbas Adil Riza was  not responding to calls at time of press.

Dhivehi Rayyithunge Party (DRP) leader and running mate of Waheed for the September Presidential elections, Ahmed Thasmeen Ali, and DRP MP Dr Abdulla Mausoom, were also not responding to calls.

“You can falsify records of members, not their hearts” : Nasheed

“A robbery you commit will not push citizens into depression and hopelessness. The people remain firm,” former President and Maldivian Democratic Party (MDP) Presidential Candidate Nasheed said in reference to the ACC statement on GIP’s alleged fraudulence.

Speaking at a party rally held Thursday night, Nasheed said that although a party can falsify people’s records and include them in a party register, they could not steal hearts and loyalty.

Observing that GIP, which performed poorly in past elections, had nonetheless somehow managed to raise its membership above the new 10,000 member minimum, Nasheed accused the party of trying to “steal our members” and called for investigation and criminal charges.

Nasheed declared that monitoring the political party registry was the responsibility of the Elections Commission, and said the Prosecutor General was required to take action over the ACC’s allegations.

“The political party registry is one of the key resources needed to build good governance for the people. This cannot be tampered with. By tampering with and falsifying this register, we are obstructing our roads to development,” he stated.

MDP also released a press statement condemning the fraud and “Waheed’s attempts to further undermine democracy, following his actions to topple a democratically elected government through a coup d’etat”.

“This party is deeply concerned that personal records of citizens held in state institutions with confidentiality are being misused to further the temporary political needs of a particular people, and that the whole democratic system is being undermined for these personal political aims,” the statement read.

The party called on the Prosecutor General to investigate and take legal action against the leader of the GIP, President Mohamed Waheed.

“If fraud is confirmed, membership will be made void”: EC

Elections Commission Vice President Ahmed Fayaz stated that the commission is currently reviewing the GIP membership forms, and verifying the findings of the ACC.

“We hope to have completed the verification process by next Monday. If we can confirm that there is indeed fraudulent membership applications, we will make them void. We will then notify the party and advise against repeating such acts,” Fayaz said.

“As the courts have not made a ruling on the Political Party Act, GIP will also remain a party for the time being even if this investigation leads to them having less than the required 10,000 members,” Fayaz said.

The Supreme Court issued an injunction on March 14 which stands effective to date, ordering all authorities to not consider any political party as dissolved until the court rules on a case submitted by then Attorney General Azima Shakoor claiming that parts of the Political Party Act contravene the constitution.

As per the Act, a political party must have a minimum of 10,000 members to be included in the political party register.

The Political Party Act placed 11 parties at risk of dissolution. GIP and the Adhaalath Party have since submitted enough forms to the Elections Commission to reach the 10,000 member target.

On March 13, GIP Spokesperson Abbas Adil Riza claimed that “the Political Party Act was fabricated to destroy GIP”.

Riza also contended then that Maldives’ political party system was “significantly in need of smaller political parties” and that all major political parties had “betrayed the nation” because it had the support base needed to do so.

Prosecutor General Ahmed Muizz and Prosecutor General’s Office Media Official Hussain Nashid were not responding to calls at time of press.

Progressive Party of Maldives MP Ahmed Nihan was also not available for comments.

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Immigration Department dismisses reports of expat system “flaw”, won’t rule out abuse by employers

Immigration officials have dismissed reports of a “flaw” in the country’s online expatriate registration system despite expressing concerns the system may be open to abuse by registered companies.

A department spokesperson confirmed this week that although new online registration introduced to try and streamline providing work visas to foreigners was not itself flawed, the system was nonetheless open to abuse from employers who allowed others to access their password-protected accounts.

The Department of Immigration and Emigration has also confirmed it has faced challenges in verifying whether construction projects were real or a front to smuggle foreign labour into the country, but told Minivan News it expects to resolve the issue from next month.

The comments were made after local newspaper Haveeru last week reported that a “serious issue” had been identified within the expatriate registration system installed by the National Centre for Information Technology (NCIT) that had allowed a steep rise in the number of foreign workers coming to the Maldives in May 2013.

Citing an anonymous immigration source, the paper reported that 4,000 expatriate workers had entered the country last month due to certain recruitment agencies abusing a “critical flaw” in the system.  According to the report, the flaw allowed recruiters to obtain an extra quota of foreign workers in order to profit from their transfer into the Maldives.

The NCIT, which was charged with installing the component of the monitoring system, this week rejected suggestions that such a flaw existed in the program in a joint statement (Dhivehi) issued with the Department of Immigration and Emigration.

The expatriate quota system had been assigned through procedures set out by the Immigration Department to the NCIT, the statement read.

Once a quota is obtained, the NCIT stated that an expatriate would only be granted entry into the country upon providing a photograph, their passport bio page and other official documents required by immigration officials that are required to be entered into the system.

“Therefore, we can confirm that 4000 expatriates have not entered the country unknown,” the statement added.

The NCIT’s dismissal of the media report’s comes as the Maldives faces increasing pressure to tackle the issue of unregistered expatriates, with the country appearing on the US State Department’s Tier Two Watch List for Human Trafficking.  The country has appeared on the list for three years in a row.

Employer responsibility

Although claiming no technical flaw had been found by authorities within the expat system, immigration spokesperson Ibrahim Ashraf told Minivan News that registered employers had a responsibility to prevent abuse of their company accounts.

Ashraf said all companies employing foreigners had to be registered on the expatriate registration system through official documents like a business registration certificate and a valid national ID.

If approved, he said the employer was then assigned through the online account a maximum quota of foreign workers depending on the size of their business or the specific project they were working on.  These accounts are protected with a password.

Ashraf said there were suspicions in the Immigration Department that some employers may have provided access to their unique account to employees, who were in turn bringing in foreign workers under the company’s name – and while personally profiting from trafficking them into the country.

He compared the practice to a member of the public giving their ATM bank card and pin number to another individual, then trusting them not to draw money out from their account.

“People that are being trusted to use [the expat online system] may be doing wrong. I think this is what has been happening. Management maybe putting too much trust in other people to use this system,” Ashraf claimed.

“Systematic abuse”

Immigration Controller Dr Mohamed Ali has previously told Minivan News that while almost all foreign workers coming to the Maldives arrive under registered companies, some were finding themselves “illegally used” by employers due to “systematic abuse” of the visa system.

Foreign low-wage workers are often lured to the country by agents after paying a ‘recruitment’ fee or entering into debt – sometimes as high as several thousand dollars – that is shared between local agents and recruiters in the country of origin, most significantly Bangladesh.

In many cases the workers are then brought into the country ‘legitimately’ by a specially-created paper company, created using the ID of a complicit or unwitting Maldivian national, for the stated purpose of working on a ‘construction project’ of dubious existence.

Senior immigration sources confided to Minivan News in April this year that almost no human verification was undertaken by authorities to ensure workers were genuinely employed once a business or construction project was approved.

Ashraf this week confirmed that there had been “issues” in inspecting construction sites across both the country’s inhabited and resort islands due to a shortage of staff.

However, he claimed that by July 31, 2013, the Immigration Department was to begin inspecting construction and other projects requiring foreign labour with the assistance of local councils and key industry associations.

These groups are expected to include the Maldives Association of Tourism Industry (MATI) and the Maldives Association of Construction Industry (MACI), according to the Immigration Department.

Ashraf added that the government had recently approved the hiring of an additional 30 staff for the department in order to help oversee what is expected to be a comprehensive audit of the visa system.  Officials would then move to penalise any abuse of the system by local employers.

Unregistered workforce

The exact scale of the Maldives’ unregistered foreign workforce remains unknown, with estimates ranging from between around 40,000 people to potentially double that amount.

Earlier this year, former MACI President Mohamed Ali Janah said an estimated 40 percent of the foreign employees in the construction sector were thought not to be legally registered.

Considering these numbers, Janah said at the time that he could not rule out the involvement of organised crime in certain employment agencies, which supply a large amount of foreign labour to building sites in the Maldives.

Janah claimed that 95 percent of construction groups operating in the country were Maldivian owned. However, as the country’s second largest industry on a GDP basis, the vast majority of employees in the sector were migrant workers, he said.

“We employ a huge workforce of some 60,000 to 70,000 people,” he explained at the time. “Of these people, sadly we have 40,000 to 50,000 who are expatriates.

By April of this year, Immigration Controller Dr Mohamed Ali confirmed that authorities had targeted the return of 10,000 unregistered workers by the end of the 2013.

The pledge to return a predetermined number of expatriates was criticised at the time by the Human Rights Commission of Maldives (HRCM), which raised concerns that some workers were potentially being punished for the actions of employers or agents acting outside the law.

While the government earlier this year launched a special campaign intended to raising awareness of the rights of foreign workers, NGOs and independent institutions continue to identify human trafficking as a significant issue needing to be addressed in the country.

Human rights groups in the Maldives have for instance continued to criticise both the present and former governments for failing to pass legislation that would allow authorities to press charges against individuals directly for the offence of human trafficking.  The legal measures to do so are presently under review in parliament.

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Minister of state for tourism resigns, cites “unacceptable” conduct of Minister Adheeb

Mariyam Mizna Shareef resigned from her position as Minister of State for Tourism, Arts and Culture yesterday (June 19), stating on social media that she had quit over unspecified “differences” with Tourism Minister Ahmed Adheeb

Taking to micro-blogging site Twitter after announcing her resignation yesterday (June 19), Mizna wrote that she had found the manner in which he ran the ministry to be “unacceptable”.

Speaking to Minivan News today, Mizna declined to comment on the post, adding that she wished to keep a low-profile and stay out of the political arena.

News of Mizna’s resignation came following the President’s Office announcement earlier the same day that it had dismissed Deputy Tourism Minister Mohamed Maleeh Jamal and Minister of State for Economic Development Abdulla Ameen from their posts at the behest of their former party.

Maleeh alleged yesterday that could see no other reason for their dismissals beyond the decision of both Ameen and himself not to back President Dr Mohamed Waheed’s election campaign.

Both men have pledged to back the government-aligned Progressive Party of Maldives (PPM) presidential candidate MP Abdullah Yameen during September’s election.

Mizna today confirmed that her resignation as state minister had not been related to the dismissals of Maleeh and Ameen, though she did not elaborate further.

Posting on Twitter following her resignation, Mizna claimed that she had tried to enact change within the ministry during her time in the post, but claimed “things [were] going from bad to worse” despite her attempts.

“Only way is to remove Adheeb,” she concluded.

Mizna’s comments on Twitter prompted a flurry of activity on the social networking site, including one post from an account claiming to be that of a PPM Council Member.

Mizna meanwhile accused Adheeb of being “busy giving away lagoons, sandbanks and uninhabited islands.”

Mizna Shareef’s Twitter profile could not be viewed as of this afternoon.

Ministry response

Minister Adheeb was not responding to calls from Minivan News at time of press today.

Adheeb told newspaper Haveeru that his “only crime was being the PPM deputy leader.”

“I have become the target of everyone. It has become their purpose to slaughter me politically. But if there’s a corruption issue involving me shouldn’t they go to the Anti-Corruption Commission or a Majlis committee? But [instead] certain individuals are trying to bring me into disrepute. I regret the corruption allegations made about me. But I will not budge. I won’t budge for a government post,” he was quoted as saying.

Tourism Ministry spokesperson Hassan Zameel told Minivan News that Mizna had not raised any official concerns with the ministry relating to allegations of misconduct against Minister Adheeb.

“She may have discussed these matters with the minister or her colleagues, but we have not received an official complaint,” he said. “The ministry can only recognize complaints if someone has put these concerns to us officially in written form.”

Zameel added that yesterday’s resignation of former State Minister Mizna and the dismissal of former Deputy Minister Maleeh would have no significant impact on the day-to-day running of the ministry.

He added that the ministry would continue to operate with the minister and state minister making political decisions, while civil servants would continue to oversee the rest of the authority’s work.

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