Tag: minivan news

No US base under discussion, only joint training exercises: Defence Minister

Defence Minister Mohamed Nazim has said there is no proposal to establish a US base in the Maldives, and that a ‘Status of Forces Agreement’ (SOFA) currently under discussion only concerns joint military training exercises between the two nations.

“It is an agreement signed to carry out military training exercises with other countries. There is no proposal to establish a US military base in the Maldives. The government won’t give that opportunity to any country,” Nazim told local media.

“The US has proposed joint military training exercises with our forces. The proposal is being discussed with the relevant authorities of the Maldives. The agreement will be signed on the advice of the Attorney General,” he added

The US Embassy in Colombo has also refuted reports of a planned US military presence in the Maldives.

“There are no plans for a permanent US military presence in Maldives. SOFAs are normal practice wherever the Unites States cooperates closely with a country’s national security forces. SOFAs generally establish the framework under which US personnel operate in a country when supporting security-related activities and the United States is currently party to more than 100 agreements that may be considered a SOFA,” an Embassy spokesperson told Minivan News on Wednesday.

An apparent draft of the SOFA agreement was published by Maldivian current affairs blog DhivehiSitee on Wednesday.

The draft outlines conditions under which US personnel and civilian staff would operate in the Maldives, granting them freedom of movement and the diplomatic immunities of the Vienna Convention, authority to carry arms, use naval and aerial base facilities, and the radio spectrum. US personnel in the Maldives would be subject to US laws and exempt from paying taxes and any undergoing any form of customs inspections.

Under the proposed 10 year agreement outlined in the draft, the Maldives would moreover “furnish, without charge” to the United States unspecified “Agreed Facilities and Areas”, and “such other facilities and areas in the territory and territorial seas of the Republic of Maldives as may be provided by the Republic of Maldives in the future.”

“The Republic of the Maldives authorises United States forces to exercise all rights and authorities with Agreed Facilities and Areas that are necessary for their use, operation, defense or control, including the right to undertake new construction works and make alterations and improvements,” the document states.

The US Embassy in Colombo was unable to verify the authenticity of the leaked draft, “as the agreement has not been finalised.”

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Leaked draft agreement opens possibility for US base in Maldives

The United States has confirmed it is in discussion with the Maldivian government over the signing of a Status of Forces Agreement (SOFA), an unauthenticated draft version of which outlines conditions for the potential establishment of a US military base in the country.

The draft agreement, obtained by Maldivian current affairs blog DhivehiSitee, “incorporates the principal provisions and necessary authorisations for the temporary presence and activities of United States forces in the Republic of Maldives and, in the specific situations indicated herein, the presence and activities of United States contractors in the Republic of Maldives.”

A spokesperson for the US Embassy in Colombo was unable to verify the authenticity of the leaked draft, “as the agreement has not been finalised.”

“There are no plans for a permanent US military presence in Maldives,” the spokesperson stated.

“SOFAs are normal practice wherever the Unites States cooperates closely with a country’s national security forces. SOFAs generally establish the framework under which US personnel operate in a country when supporting security-related activities and the United States is currently party to more than 100 agreements that may be considered a SOFA,” the spokesperson added.

Senior Maldivian government officials were meanwhile recently invited aboard a United States aircraft carrier (March 27) as it passed by the Maldives.

Tourism Minister Ahmed Adheeb, Defence Minister Mohamed Nazim, Home Minister Mohamed Jameel Ahmed, Police Commissioner Abdulla Riyaz and Vice President Mohamed Waheed Deen were flown to the USS John C Stennis aircraft carrier as part of an arrangement between the US embassy and Maldives Defence Ministry.

The visit was followed by the signing of a Memorandum of Understanding (MOU) between the Maldives and the US government to install a free border control system.

President’s Office Spokesperson Masood Imad said today that he had texted President Dr Mohamed Waheed who had no knowledge of any agreement. The Defence Ministry also had no information on the matter, he said.

Imad would not comment on whether the government would be open to such a proposal.

Spokesperson for the opposition Maldivian Democratic Party (MDP), MP Hamid Abdul Ghafoor, said the party had heard of the proposal – supposedly concerning Laamu Atoll and the site of the former British airbase on Seenu Gan in the south of the country.

“We are wondering what our other international partners – India, Australia, etc – think of this idea,” Ghafoor said.

The party’s parliamentary group leader, MP Ibrahim Mohamed Solih, said he had heard about the proposal “a few days ago”, and believed the matter would eventually be taken to parliament’s national security committee.

Draft proposal

Under the proposed 10 year agreement outlined in the draft, the Maldives would “furnish, without charge” to the United States unspecified “Agreed Facilities and Areas”, and “such other facilities and areas in the territory and territorial seas of the Republic of Maldives as may be provided by the Republic of Maldives in the future.”

“The Republic of the Maldives authorizes United States forces to exercise all rights and authorities with Agreed Facilities and Areas that are necessary for their use, operation, defense or control, including the right to undertake new construction works and make alterations and improvements,” the document states.

The US would be authorised to “control entry” to areas provided for its “exclusive use”, and would be permitted to operate its own telecommunications system and use the radio spectrum “free of cost to the United States”.

The US would also be granted access to and use of “aerial ports, sea ports and agreed facilities for transit, support and related activities; bunkering of ships, refueling of aircraft, maintenance of vessels, aircraft, vehicles and equipment, accommodation of personnel, communications, ship visits, training, exercises, humanitarian activities.”

US personnel would be be authorised to wear uniforms while performing official duties “and to carry arms while on duty if authorised to do so by their orders.”

US personnel (and civilian staff) would furthermore “be accorded the privileges, exemptions and immunities equivalent to those accorded to the administrative and technical staff of a diplomatic mission under the Vienna Convention”, and be subject to the criminal jurisdiction of the United States.

US personnel and contractors would moreover be permitted to import and export personal property, equipment, supplies and technology without license, restriction or inspection, or the payment of any taxes, charges or customs duties.

Vessels and vehicles operated by, and for, US forces would be permitted to enter and move freely within the territorial seas of the Maldives, free from boarding, inspection or the payment of landing, parking, port or harbour fees.

Disputes would be resolved without recourse to “any national or international court, tribunal or similar body, or to a third party for settlement, unless otherwise mutually agreed.”

At the conclusion of the lease, “the parties shall consult regarding the terms of return of any Agreed Facility and Area, including possible compensation for improvements or construction.”

Each party would furthermore waive claims (other than contractual) concerning “damage to, loss of, or destruction of its property or injury or death to personnel of either party’s armed forces or their civilian personnel arising out he performance of their official duties in connection with activities under this agreement.”

The proposed agreement would supersede an earlier agreement between the US and Maldives regarding “Military and Department of Defense Civilian Personnel”, effected on December 31, 2004.

Diego Garcia and the 2016 lease extension

The US Navy currently operates one of its largest bases outside the US at Diego Garcia, approximately 740 kilometres south of Addu Atoll, the lease for which is due to expire in 2016.

The site includes multiple landing strips for heavy bombers, pier and port facilities for the largest vessels in both the US and UK fleets, and accommodation for thousands of navy personnel.

Part of the British Indian Ocean Territory (BIOT), the site was leased to the US by the UK following its forcible eviction of the local inhabitants – the Chagos – after its purchase from Mauritius for UK£3 million at the time in 1965. Then-Mauritian Prime Minister, Seewoosagur Ramgoolam, received a knighthood from the Queen the same year.

In 1966, the UK granted the US a 50-year lease of the archipelago in exchange for favours including a US$14 million discount on submarine-launched Polaris missiles.

The lease is due to expire in 2016 with both parties required to end, modify or extend it by December 2014. However, the feasibility of an extension is uncertain as the UK has been engaged in a series of long-running and politically embarrassing court battles with Chagos islanders seeking to return to the archipelago.

The Chagos won a high court victory in the UK in 2000 enabling them to return, but the decision was extraordinarily overruled by the Queen’s royal prerogative. In 2008, the House of Lords overturned the high court verdict, forcing the Chagos to appeal in the European court of human rights.

In April 2010, the UK declared the Chagos Archipelago a marine reserve – theoretically making it the world’s largest marine protected area (MPA). Funds to manage the MPA for the next five years were provided by Swiss-Italian billionaire Ernesto Bertarelli.

A leaked US embassy cable dated May 5, 2009 and marked ‘NOFORN’, or ‘No foreigners’, subsequently suggested the marine park was a calculated attempt by the UK Foreign Office to scuttle the resettlement claims of the 3,000 Chagos islanders.

In the leaked US cable, Colin Roberts, the then UK Foreign and Commonwealth Office’s (FCO) Director of Overseas Territories, is quoted as saying that the British Indian Ocean Territory (BIOT) has “served its role very well”.

“‘We do not regret the removal of the population,’ since removal was necessary for the BIOT to fulfill its strategic purpose,’ he said. Removal of the population is the reason that the BIOT’s uninhabited islands and the surrounding waters are in ‘pristine’ condition,” the cable read.

“Establishing a marine reserve might, indeed, as the FCO’s Roberts stated, be the most effective long-term way to prevent any of the Chagos Islands’ former inhabitants or their descendants from resettling in the BIOT,” it adds.

In the cable, Roberts emphasised that the establishment of the marine park would ensure it was reserved for military use and “would have no impact on how Diego Garcia is administered as a base.”

“[Roberts] noted that the establishment of a marine reserve would require permitting scientists to visit BIOT, but that creating a park would help restrict access for non-scientific purposes. For example, he continued, the rules governing the park could strictly limit access to BIOT by yachts, which Roberts referred to as ‘sea gypsies’.”

As a result of the British government’s “current thinking” on the reserve, there would be “no human footprints” or “Man Fridays” on the uninhabited islands of the archipelago, Roberts stated in the cable.

In response to concerns from US Political Counsellor Richard Mills that advocates of Chagossian resettlement might continue “to vigorously press their case”, Roberts replied that the UK’s “environmental lobby is far more powerful than the Chagossians’ advocates.”

However, the escalating Chagos case in the UK suffered a setback as recently as last week – April 18, 2013 – after a UK court ruled that the leaked cable was inadmissible as evidence.

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Man charged with “sexual misdemeanour” for alleged rape of Thai woman

A man accused of raping a Thai beauty salon staff member at knife point has been charged with a ‘sexual misdemeanour’, reports local media.

Mohamed Shamaan Ibrahim Khalid was charged with causing bodily harm to an individual, sexual misdemeanour, and mugging.

Khalid allegedly raped a Thai employee from Asparagus Beauty Care after threatening her at knifepoint in June 2012.

A man present at the salon was also allegedly threatened at knifepoint and ordered to surrender his phone and wallet.

Khalid then stabbed the victim in the leg when he refused to obey, according to local media.

Khalid is also accused of taking two cell phones, a laptop, MVR 5000 (US$324.25) and US$200.

Criminal Court Media Official Ahmed Mohamed Manik told local media that Khalid has denied all charges and the court granted his request for a lawyer to be appointed.

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Civil society groups slam government for “failure to ensure conducive environment for elections”

Prominent NGOs have released a joint human rights brief accusing the Maldivian government of failing to create conditions conducive to free and fair elections, ahead of the Commonwealth Ministerial Action Group (CMAG) meeting to be held in London this Friday.

The International Federation for Human Rights (FIDH) and the Maldivian Democracy Network (MDN) reported that with less than six months before the presidential elections “there are clear signs indicating that the coalition government in power since February 2012 has so far failed to set the conditions for free and fair elections in which ‘all parties and leaders are able freely to conduct election campaigns’.”

“The most critical matter in this regard is the continued interference of the executive on other branches of power, as manifested by the trial of several opposition members to prevent the opposition from running in the upcoming elections,” the brief reads.

Authorities have both failed to ensure a ‘free and fair’ atmosphere with respect to freedom of information or freedom to assembly, as well as made no efforts to inform and educate voters on electoral rights and responsibilities, the report claims.

FIDH and MDN highlight that promoting and protecting human rights has suffered from a “substantial lack of progress” and that a “culture of impunity for perpetrators of past human rights violations” has been institutionalised.

While “human rights abuses reduced drastically” following former President Mohamed Nasheed’s election in 2008, past and present police brutality, torture and impunity have gone unaddressed, states the brief.

Institutions such as the Police Integrity Commission (PIC), the Human Rights Commission of the Maldives (HRCM), and a Presidential Commission – created in 2009 and disbanded in 2012 – failed to investigate and address human rights abuses, including torture committed by the police services, given their limited mandates.

“The coalition government established in February 2012 has been accused of a wide range of human rights violations, from violent repression of street protests, arbitrary arrests, sexual harassment of female protesters, torture, harassment of pro-opposition media, to legal and physical harassment of members of the opposition,” states the brief.

“Since the HRCM made public its reports on these allegations in August 2012, no action has been taken for investigation or redress,” the brief continues.

Systematic omissions have been identified in the the Commission of National Inquiry (CoNI) “serious enough to raise fundamental questions about the accuracy of the report’s conclusions.” Furthermore, recommendations made by the CoNI on August 30, 2012 regarding human rights abuses, torture, and impunity “were immediately dismissed by senior government officials; this could only encourage the security forces to disregard the rule of law and commit further human rights abuses in impunity,” the brief reads.

“Uncertainties” have caused a “new phase of slowdown” in the country’s legal reform process as well.

“Women have suffered and still suffer from the absence of a strong legal framework… and women’s rights remain at risk of being curbed by religious parties influencing the governing coalition and pushing for the full implementation of Sharia,” the report states.

Rising tensions regarding interpretations of Islam is “particularly an area of concern” given the “fundamental views being introduced by the Adalath party and some religious groups, mainly those that are being linked with Shari’a and harsh punishments,” claims the brief.

“Bearing in mind that there is absolutely no public trust in the judiciary to have the capacity to deliver justice under these circumstances, those critical of these [religious] interpretations have faced violent consequences,” reads the brief. “To date, there are no reports of an investigation or any on-going effort to find the perpetrators of these crimes [of murder and attempted murder].”

Following Nasheed’s claim he was deposed in a coup d’état, the Commonwealth suspended the Maldives from the CMAG, and said it had decided to place the Maldives on its formal agenda in February 2012 because of “questions that remain about the precise circumstances of the change of government, as well as the fragility of the situation in the Maldives.”

In September 2012, CMAG decided the Maldives would remain on the agenda under the item “Matters of Interest to CMAG”, however its suspension from the international body’s democracy and human rights arm has now been revoked.

CMAG recommendations

FIDH and MDN emphasised that the newly reformed CMAG mandate includes “situations that might be regarded as constituting a serious or persistent violation of Commonwealth values”, and the “systematic denial of political space, such as through detention of political leaders or restriction of freedom of association, assembly or expression.”

“These situations have continuously characterised the political environment of the Maldives especially since the change of power of 7 February 2012.”

FIDH and MDN provided CMAG with five key recommendations in regard to the deteriorating human rights situation in the Maldives.

They compelled CMAG to raise concerns regarding human rights violations in the Maldives, especially allegations of police brutality and torture, and request government authorities take all necessary measures to prevent violence, respect the due process of law and prevent arbitrary arrests.

A review of CMAG’s position on CoNI report should be conducted, especially in reference to “later developments”.

CMAG should also advocate for the preservation and consolidation of democratic achievements and take all necessary steps to guarantee the conditions for free, fair and inclusive elections in September 2013.

Providing technical assistance to the Maldives’ government is recommended. This is necessary to strengthen the rule of law and support the development of public institutions, in particular the judiciary, as well as independent commissions such as the HRCM, the PIC, and the Judicial Service Commission (JSC).

Finally, provide support to civil society organizations to raise public awareness about the role of public institutions and the importance of separation of powers, develop human rights education programs, and play a key role monitoring democratic and independent institution building.

Maldivian government recommendations

FIDH and MDN also provided the Maldivian government with a list of 11 recommendations to improve the country’s human rights failures.

This includes strengthening independent commissions, such as the PIC, JSC, and HRCM, in accordance with CoNI report recommendations. Reforming the judiciary should also be prioritized.

The physical and psychological integrity of human rights defenders, journalists and members of the opposition must be also guaranteed in all circumstances.

Initiating a national campaign to address past human rights violations (1978-2008), including “accountability for perpetrators, acknowledgement, truth-telling mechanisms, reparations, and legal and institutional reforms to prevent occurrence of new violations” is recommended.

“Such mechanisms would also act as a deterrent to prevent any future form of harassment, intimidation, arbitrary arrest or ill-treatment by State security personnel,” the brief states.

Additionally, the Majlis (parliament) should “urgently enact” pending legislation, ensure civil society is consulted, and that the bills “fully conform with international human rights commitments and obligations of the Maldives.” Furthermore, the death penalty should not be enshrined in those texts.

FIDH and MDN also recommend the government fulfill its various international commitments. This includes investigating allegations of torture, adopting implementing legislation for the International Criminal Court statute, as well as guaranteeing the human rights and protections enshrined in the International Covenant on Civil and Political Rights (ICCPR).

Additionally, the scope of the Maldives’ reservation to Article 16 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) – which aims to eliminate discrimination in all matters relating to marriage and family relations, and ensures gender equality – should be significantly reduced.

Adhering to the recommendations of various UN Special Rapporteur’s, which have addressed some of the systemic problems within the judicial system and various human rights issues, is also recommended. As is arranging future Rapporteur’s missions regarding transitional justice and additional human rights challenges.

Government reaction

Minister of State for Foreign Affairs Dhunya Maumoon told local media yesterday (April 23) that Foreign Affairs Minister Dr Abdul Samad Abdullah had left for London April 22 to participate in the CMAG meeting.

Maumoon highlighted that this marks the first occasion the Maldives has been invited to a CMAG meeting since its removal from the agenda.

“The opportunity for the Maldivian Foreign Minister to participate in a CMAG meeting was a great achievement, and one which resulted from the efforts by President Waheed’s government in cooperation with the Commonwealth,” said Maumoon.

“Now Maldives will have the opportunity to partake in discussions at CMAG. But the Maldives delegation will not be present when the group discusses the Maldives,” she added.

Maumoon also reiterated the government’s position that the Maldives should not have been on CMAG’s agenda and that “the move was prompted by a lack of understanding of the true events that transpired in the Maldives.”

“Some countries” had realized this error and accused Nasheed of influencing CMAG members, Maumoon claimed.

While Maumoon admitted “there was always a fear of instability in Maldives due to the rather infant democracy in the country,” she also highlighted that “international partners have acknowledged the positive strides the country has made brought about in a relatively peaceful manner.”

In April 2012, Maldives’ permanent representative to the EU Ali Hussein Didi criticised the Commonwealth’s involvement in the Maldives, telling the European Parliament that the Commonwealth’s Ministerial Action Group (CMAG) lacked a clear mandate to place the Maldives on its agenda.

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Teen seriously injured in boat propeller accident

An 18 year-old was serious injured trying to disentangle a fishing line from a dhoni propeller and is being transferred to Sri Lanka for further medical treatment, reports local media.

Nauf Ibrahim suffered serious injuries from the ‘Mashhooru’ boat propeller while trying to remove an ensnared fishing line. His family members told local media that he dove into the sea to disentangle the line and was hit in the head by the propeller, which resulted in a skull fracture and internal bleeding.

The accident occurred yesterday (April 23) while the dhoni was fishing near Laamu Atoll.

Ibrahim first received medical treatment Laamu Atoll regional hospital, however he was transferred to the intensive care unit of Indira Gandhi Memorial Hospital (IGMH) in Male’ via the Maldives National Defence Force (MNDF) ‘Kurangi’ helicopter.

Ibrahim’s family claims he is not receiving sufficient medical treatment at IGMH and will be transferred to Sri Lanka today, courtesy of Meedhoo MP Ahmed Siyam Mohamed.

Ibrahim is from Meedhoo Island in Dhaalu Atoll.

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Fictitious labour demand fuelling “systematic” migrant abuse in Maldives

Registered companies across the Maldives are freely abusing visa regulations by wildly exaggerating or even fabricating construction or business projects to traffic foreign workers into the country, an immigration source has alleged this week.

The source told Minivan News that almost no human verification was being undertaken by authorities to ensure workers were genuinely employed once a business or construction project was approved.

This lack of verification was allowing paper companies in the Maldives to submit fictitious contracts or structural designs to the immigration department to obtain a disproportionately high quota of foreign workers.

In theory, a Maldivian company could submit design plans for an existing structure such as Manchester United’s 75,811 seat Old Trafford Stadium – and then be assigned a computer-generated quota of foreign workers, the source claimed.

“Companies are recruiting people [abroad] for their own financial benefit,” the immigration source said. “They are producing the image that they are in need of labour.”

Fictitious applications could be made with little fear of a company or individual facing legal action,  due to the lack of any formal verification process for new building or work sites once authorised by a staff member at the immigration department, the source alleged.

“A company can simply produce a document or structural drawing from the internet, which they can submit online to obtain a work quota,” the source claimed. “If you tried using a design for a building like Velenagee, that is obviously known, but out on the islands [in the country’s outer atolls], verification is much harder,” he said.

The Maldives has appeared on the US State Department’s Tier Two Watch List for Human Trafficking for three consecutive years. Should the Maldives drop to tier three – the worst category – then the country is expected to face significant reductions in aid and potential travel restrictions on its citizens.

Minivan News was told that even with the implementation of an online visa registration system, the immigration department was failing to cross reference companies registered with the Maldives’ trade ministry to ensure that their stated businesses and labour requirements were genuine.

In one case detected this year, the source said that immigration officials had discovered that one ten-storey construction project in the capital had been given a quota of 120 foreign workers despite already being fully built and furnished.

“If someone is not going to check projects in person, this system is completely open to abuse,” the immigration source added.

Foreign workers were paying as much as US$4,000 to labour brokers to come and work in the Maldives, explained the immigration source, creating an incentive for the creation of false jobs on the Maldivian side. This fee is then divided between traffickers operating in the source country and the Maldives.

The Maldives does not presently have legislation allowing authorities to press charges against individuals directly for the offence of human trafficking – with legislation presently under review in parliament.

However, the immigration source said that it was still possible to penalise any Maldivian suspected of trafficking foreigners into the country on the grounds of contravening the Maldives Immigration Act, ratified in 2007.

“If a Maldivian tries to go against this law they should be penalised with very heavy fines. The law has been in place since 2007,” the source claimed. “Yet has anyone been fined for illegal immigration activity? The answer is no. The legal authority to do this is there.”

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

Legislative challenges

Another source who has held senior positions in the Maldives criminal justice system, under both the current administration of President Dr Mohamed Waheed and the government of former President Mohamed Nasheed, said the country faces several challenges in prosecuting human traffickers.

Speaking to Minivan News on condition of anonymity, the source claimed that prosecutors were using outdated legislation set out in the country’s 1967 penal code that had not anticipated a crime such as human trafficking when it was first ratified.

In recent years, the Prosecutor General’s Office (PGO) worked with foreign organisations such as the Australian government to help draft legislation against human trafficking and people smuggling, according to the source. The bill has also been viewed by their US government to ensure “conformity” with its own requirements.

As a result, the source said that in recent years the PG’s Office had dealt with several cases of alleged human trafficking, which notably included a group of foreigners  found with a large number of forged passports.

However rather than prosecuting the suspects of charges of human trafficking as alleged by the police, they were instead prosecuted on charges of forgery.

“In that case, forgery carried a heavier punishment than any other possible provisions that could be used to prosecute on ‘human trafficking’ charge (i.e Section 88(a) of the penal code). In the Maldives, we don’t have to charge someone for multiple offences if it was committed at the same time,” the source claimed. “Prosecutors have to choose the most dangerous crime and proceed.”

The legal source suggested that in other suspected human trafficking cases raised by police, alleged victims were still provided the opportunity to contact authorities or transfer money abroad, requiring much more scrutiny to identify if those involved may have been smuggled illegally into the country.

“Additionally, because there are no laws defining what human trafficking is, the risk was that if we prosecuted someone for human trafficking and tried to set a precedent, the judges were not exposed (or forward thinking) enough to convict someone of the crime,” the source claimed.

“It was too risky to try something new and risk putting someone so dangerous on the loose. So the general idea was to be cautious.”

With human trafficking legislation remaining under review in parliament, the legal source claimed that “smooth implementation” of any new laws was required to make sure all Maldivian authorities, as well as criminal justice systems across the region, understood their obligations towards prosecuting human trafficking.

Corruption was identified as another major concern by the source concerning the value of illegal labour to the Maldives economy. One former Bangladesh High Commissioner in the Maldives alleged back in 2010 that the exploitation of foreign workers in the country rivaled fishing as the most profitable sector in the national economy after tourism.

The government has in recent months launched a special campaign intended to raising awareness of the rights of foreign workers.

Addressing the current scope of unregistered foreign labour, Maldives Association of Construction Industry (MACI) former President Mohamed Ali Janah said earlier this year that an estimated 40 percent of the foreign employees in the sector were thought not to be legally registered.

Considering these numbers, Janah said 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.

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Islamic Ministry calls for lowering age of prosecution for minors to 10 years-old

The Islamic Ministry’s Fiqh Academy has requested parliament lower the age of prosecution for minors stipulated in the the Penal Code bill from 14 to 10 years-old, reports local media.

MP Ahmed Hamza, chairperson of the parliamentary committee reviewing the Penal Code Bill,
has said that international conventions state the age of prosecution for minors is 15 years-old.

“The age for a minor to be advised to mend his ways for forgoing compulsory deeds is 10 years-old,” according to the Fiqh Academy. Their commentary submitted to the parliamentary committee also claims that minors who commit offenses in the Maldives are 11 years-old or above.

Hamza claims that the Prosecutor General (PG) supports keeping the age of prosecution at 14 years-old, as stipulated in the current penal code bill draft.

“We will decide on setting an age after reflecting on the [international] conventions Maldives is party to, amongst other things. They are saying that the age given in the current penal code already poses some constraints,” said Hamza.

“The PG in favour of it being kept as it is, as in the current penal code, at 14 years. The Foreign Ministry has no objection to this either. But the Islamic Ministry is asking that it be lowered to 10,” he added.

The age for prosecuting minors is one of two penal code issues currently under debate. The second issue surrounds a recently added clause regarding someone convicted of a crime being sentenced according to the penal code stipulations, according to Hamza.

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Addu International Airport Company outsources dredging and reclamation of Gan International Airport

Addu International Airport Company (AIA) has contracted a Dubai-based group to undertake the dredging and reclamation component of developing Gan International Airport, Addu City Mayor Abdulla Sodig said today.

He confirmed a company called Gulf Cobla had been awarded the $11.7 million (MVR 180 million) project, which will include land reclamation to build seaplane terminals.  The contract will also include work on constructing revetments on the reclaimed land.  Revetments are barricades used to prevent aircraft from overshooting a runway.

“I had a word with [AIA and the State Trading Organisation (STO)] Managing Director Shahid Ali this morning and he said the project is going well. However, some people have misinterpreted the situation because a contract was given to Lagan and another was awarded to Gulf Cobla,” Mayor Sodig told Minivan News.

AIA is itself a joint venture formed by the Gan Airport Company Ltd (GACL), Maldives Airports Company Ltd (MACL) and the STO.

Sodig explained that a UK company called Lagan had won the main contract to develop the airport, but added that it was AIA who had outsourced additional dredging work that was required to be completed before the main runway expansion could begin.

AIA and STO Managing Director Shahid Ali confirmed to Minivan News today that: “AIA contracted directly with Gulf Cobla to conduct the dredging and land reclamation components.”

Shahid previously told local media that Gulf Cobla’s segment of the project would be completed within eight months and that it will facilitate seaplane services being provided from Gan International Airport.

“Dredging will take about eight months. We predict that the physical work can begin within one month of signing this contract,” he said.

Shahid said he expected the overall airport development project to be complete by September 2014.

AIA is also conducting negotiations with Sri Lankan Airlines, Bangkok Airways, and Air Asia to increase the number of international flights from the airport,” he added.

Gulf Cobla’s Managing Director Joost Post has also made assurances to media that the project would be completed within eight months, noting that the company had previously conducted four projects in the Maldives.

“Southern gateway to the world”

Mayor Sodig today said that the airport development would provide a huge boost to  transport links in the country.

“The airport will start seaplane operations to resorts in the Southern Atolls. Once the Gan Airport is developed, it will be the southern gateway to other parts of the world,” Sodig declared.

Gan Airport’s main runway needs a one kilometre extension toward the northwest and it will also be resurfaced with asphalt, Sodig explained.

“The seaplane base will be developed on the western side of the island,” he added.

“The shallow lagoon across from the western beach will be dredged and the sand will then be used to develop the seaplane strip and reclaim land for the main runway.  The area of the former Maldives National Defence Force (MNDF) Commander’s residence will be used to develop the seaplane terminal.”

Airport development controversy

Thirty percent of the AIA was sold in November 2012 to tourism pioneer ‘Champa’ Hussain Afeef’s Kasa Holdings to raise finances to develop the Gan airport in Addu City.

Goverment-aligned Jumhoree Party (JP) Leader MP Gasim Ibrahim previously denied in parliament that he had spoken against the sale of shares of AIA with the intention of buying shares himself. He claimed he had done so “in the best interests of Addu and the country.”

JP MP Alhan Fahmy added that he also wished to see the Addu airport developed, but was concerned with how the sale of shares had been carried out. Fahmy said that 30 percent of shares being sold off for MVR 60 million (US$3.89 million) was “nothing but daylight robbery”.

Meanwhile, a number of MPs from the opposition Maldivian Democratic Party (MDP) stated at the time that the party supported the concept of privatisation, adding that the development of the Addu airport was originally an MDP initiated plan.  However, the opposition MPs also expressed concern over how the bidding process had been carried out.

During a November 2012 press briefing, STO Shahid Ali stated that contrary to general speculation, the airport had not been “sold”, but rather shares from the company AIA that had been sold to KASA Holdings.

He also refuted allegations of corruption, saying that KASA Holdings had been given higher priority since it was a local company and that all proceedings had gone through the bidding process in a matter which was completely free of any corruption.

Addu City Council previously released a statement welcoming the signing of the contract which they said would lead to the development of the Addu airport.

The statement further noted “the importance of leaving politics aside and for the good of citizens in letting the venture bring positive changes to Addu’s economy.”

The MDP also released a statement in November urging “not to let political feuds, political needs and power play interfere in important work directly related to the development of Addu City citizens, and generally all Maldivian citizens.”

The statement also condemned Gasim’s threats to sack Shahid Ali, stating “This party calls on political leaders to refrain from making unlawful threats through the greed for power and political wants.”

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State seeks High Court ruling on President’s discretion to grant clemency in death sentences

The Maldivian state has sought a High Court ruling on the President’s discretion to commute death sentences to life imprisonment.

During a hearing on Monday in a case filed by five citizens seeking to annul laws granting the President discretionary powers of clemency,  the state attorney said the government would prefer the court itself provided a decision on the matter in accordance with Islamic Sharia.

The state attorney insisted that the decision be made by the court, despite the High Court Judges Bench emphasising that the state must provide an answer since the case concerned a constitutional matter.

The plaintiffs’ lawyer alleged that the state had previously been given a number of opportunities to be answerable to the case against them, and that it had used the excuse of conducting research as a bid to buy time, and waste the time of the court. He asked that the bench accept the state’s request and provide a verdict on the case at the earliest.

In the case’s last hearing held in November 2012, the High Court gave the state the last opportunity to be answerable to the charges against them.

Concluding today’s hearing, the bench announced that it will come to a verdict during the next hearing of the case.

The case, submitted in August 2012, seeks the annulment of Article 5(a.i) and Article 21 of the Clemency Act (2/2010).

Article 5(a.i) states that the punishment for the crime of murder cannot be pardoned, although clemency is allowed under restrictions stated in the Act.

Article 21 states that although it may have been stated otherwise in the Act, if the Supreme Court issues a death sentence, or if it backs a death sentence issued by the lower courts or the High Court, it is at the President’s discretion to grant clemency and transfer it to a life sentence with reference to the condition of the sentenced person, related legal norms, the interests of the state and the principles of humanity.

The case against the state asks for this annulment while referring to Article 10 of the Constitution of the Maldives, which states that no law can be enacted in the country which contradicts Islamic principles.

It then adds that according to Article 268, all legislation ratified in the country should be drafted within the principles detailed in the constitution, and that all laws and articles which do not align with this will be considered invalid.

The case, as reported previously by local media, further states that in Islamic Sharia, only the heir of the victim has the right to grant clemency or mercy to a murderer. It then states that a murderer can only be sentenced to death (ie gisas/retribution) if all heirs of the victim agree to it. It then goes on to say that neither the President nor any state institutions have the right to change a death sentence issued by a court of law.

It further states that should the President have it in his discretion to grant clemency in murder cases, this infringes upon the rights of the living heirs of murder victims.

It cited that the last time a death sentence was implemented in the country was in the year 1953, opining that although courts continued to sentence persons to death, “since then, the country has not had even one leader who has had the courage to implement this sentence.”

They case claims that the failure to implement the death penalty has “ruined this nation”, and that it infringes upon the citizens’ right to live, right to equitable treatment and right to travel among a number of other civil rights.

The case was submitted to court by five individuals; Abdul Maniu Hussain of Anbareege in Haa Alif Atoll Ihavandhoo, Hussain Shaheed of Baazeege in Seenu Atoll Hithadhoo, Abdulla Shiyaz of Naseema Manzil in Lhaviyani Atoll Naifaru, Abdulla Naseer of Boalhadhan’duge in Gaafu Dhaalu Atoll Gahdhoo and Hassan Waheed of Rankokaa in Haa Dhaalu Atoll Kurin’bi.

Government in support of death penalty implementation

In October 2012, the government announced its intention to introduce a bill to the People’s Majlis in order to guide and govern the implementation of the death penalty in the country.

President’s Office Spokesperson Masood Imad at the time referred to the October 2012 murder of religious scholar and MP Afrasheem Ali and stated, “We are having enormous pressure since these high profile murders. We have indications – the talk around the town – that there will be more murders.”

He added that the government had received a large number of calls for implementing the death penalty.

Similar to the ongoing case, in April 2012, MP Ahmed Mahloof from the government-aligned Progressive Party of the Maldives (PPM), proposed an amendment to the Clemency Act to ensure that the enforcement of the death penalty be mandatory in the event it was upheld by the Supreme Court.

In December 2012, the Attorney General’s Office completed drafting a bill outlining how the death sentence should be executed in the Maldives, with lethal injection being identified as the state’s preferred method of capital punishment.

However, earlier this year religious NGO Jamiyyathul Salaf has called on Attorney General (AG) Azima Shukoor to amend the government’s draft bill on the implementation of death penalty, urging that convicts be beheaded or shot instead of given lethal injection.

The bill is currently pending approval by parliament, and has given rise to dissenting opinions on the matter.

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