Tag: minivan news

Staff threw stones at intruder and left him in the water to drown, alleges Baros staff member

A staff member at Baros Island Resort has claimed to have witnessed three staff members throwing stones at one of the four men who invaded the resort wearing balaclavas last Wednesday, as the intruder was standing on the jetty.

The body of 20 year-old Ali ‘Immortal’ Shafiu was later was later discovered floating dead in the lagoon. Staff restrained another of the intruders, while two others were found and arrested by police.

Friends of the deceased who were present at Indira Gandi Memorial Hospital (IGMH) when his body was brought to the hospital claimed to have seen wounds on left hand and left side of his chest, and a wound on his head one and a half inches deep.

Shafiu’s family members later told local newspaper Haveeru that they had seen wounds on different parts of the body, however police would not confirm the injuries claiming the investigation was ongoing.

“That day early in the morning my colleagues came and shook me awake saying thieves had invaded the resort,’’ the staff member told Minivan News, on condition of anonymity.

‘’I ran to the jetty and saw staff throwing stones at a person waiting at the end of the jetty. I saw him falling into the water, I think he was knocked unconscious and fell,’’ the staff member said.

“His body was in the water – it had no movement at all, I was worried and told them to pick him up.”

Staff did not retrieve the body and the body was left in the water for more than 30 minutes, the source said.

‘’His body was floating on the water like a log. Someone who had not seen the body falling would think that it was a log. There was no movement at all.’’

The staff member said that police arrived on the island and took the body from the water.

“His body was as hard as rock when he was taken out of the water, and suddenly white foam came out from his mouth,’’ the staff member said. “The police then took the body for examinations.’’

The staff member said that later that day, before staff realised that they might be subjected to revenge attacks, many staff were claiming to have attacked Shafiu.

“They were not intending to kill him, but after they knew he was dead they rejoiced,’’ the staff member alleged. “But later the three staff who led the attack on Shafiu started receiving phone calls and threats that they would be sorry.’’

After they received these calls, those who claimed have hit Shafiu suddenly claimed to have not even touched him, the source alleged.

“Later I asked my colleagues who had found the intruders first. They said it was the security officers who saw the four of them, and they went and called the Maldivian staff members,’’ the staff member said.

At a press conference this afternoon, police that they were now investigating the cause of three wounds to Shafiu’s head.

Inspector Abdulla Nawaz also said that police have discovered the boat which was allegedly used by seven men – only four of whom landed on the island.

Weapons were also discovered inside the boat, Nawaz said, including swords and a harpoon gun.

”Police have now arrested the other three men, who include the captain of the boat,” he said.

Police said the four persons found in the resort had allegedly damaged the resort’s accounts department in a bid to to steal the safe inside.

”The safe contained US$50,000 at that time,” said Nawaz. ”We are investigating whether the seven men had any connections with a persons working in the resort.”

He also said that the body of Shafiu was ”apparently dead” when police took him out of the water.

”Police officers who attended the scene observed that there was no movement and the body was very hard,” Nawaz said.

General Manager of Baros Island Resort and Spa, Jonathan Blitz, was on his day off when Minivan News called the resort, however a senior staff member said the resort was unwilling to comment as the police investigation was ongoing.

“It was early in the morning and we are still not clear what happened,” he said, expressing concern that the original Minivan News article on the incident had been posted on the TripAdvisor website “and guests were commenting.”

Baros was the second Maldivian resort this year to suffer an attempted robbery by people from outside the island.

In Janurary, staff at Kihaadhuffaru in Baa Atoll were threatened by a group of masked men brandishing machetes and swords, who escaped in a dingy with the resort’s safe.

A receptionist was reportedly gagged with tape and restrained with a cable tie during the incident.

Sub-Inspector Ahmed Shiyam said at the time that he did not believe resorts would need to review existing security measures in light of the Kihaadhuffaru theft.

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The politicisation of life, death and faith

The Parliament (Majlis) today resumes the debate on amending the Clemency Act to bring back capital punishment. Although the constitution allows the death penalty, the Maldives is abolitionist in practice.

The last time the Maldivian state put a person to death was in 1953. Depending on whether or not a majority of MPs agree to send the proposed amendment to the committee stages, today begins the process of reversing this tacit understanding of the death penalty as a form of cruel, degrading and inhuman punishment.

The amendment was proposed by MDP MP Ahmed Rasheed (Hoarafushi) after an urgent motion he introduced earlier in the Majlis session of March 8 to discuss the recent escalation of violent crime. It came on the foot of a savage altercation between members of rival gangs on March 4 in which three men were injured and a member of the public was forced at knife-point to hand over his motorcycle to one of the perpetrators. Blood was spilt in broad daylight, at the Artificial Beach, a public place frequented by families. Clearly, it is an issue that requires the immediate attention of the Majlis.

The debate that ensued, however, appeared to focus less on practical measures that can be taken to address the problem and more on finding a scapegoat with the meatiest political flesh for rival MPs to bite into.

Several MPs rushed to point the finger of blame at anyone else except the legislature itself: the security apparatus was acting with impunity in its refusal to be answerable to the Majlis; the criminal court was not doing its job properly; the president had been too lenient with members of the old regime who committed acts of torture and embezzled state funds; and the president had neglected to give due importance to the matter in his inaugural address of the Majlis on March 3, allegedly discouraging members from pursuing the matter with the required urgency.

People in glasshouses

“I was arrested on July 7 last year in allegations of planning to attack a politician with a sharp implement. They kicked in the door of my house. That was how it happened with me. But people who kill others on the street walk free,” Deputy Speaker of the Parliament and MP of the opposition-aligned People’s Alliance (PA) Ahmed Nazim said, joining the debate on March 8.

“And when I was under house arrest, confined within my own four walls, there were people throwing stones at my house, shattering the glass. They, too, are out there somewhere, walking free,” he continued. He was, Nazim said, “one of the few people in the Majlis with personal experience” of gang warfare and violent crime.

The ‘personal experience’ factor was significant in the debate. In addition to Nazim, MP ‘Reeko’ Moosa Manik (MDP) and independent MP Ahmed Amir, relayed similar narratives of up close and personal encounters with violent crime. “I, too, was imprisoned,” Moosa said.

Having made allegations of torture against former President Maumoon Abdul Gayoom, his proposed solution to the problem was to imprison Gayoom himself. “As long as Gayoom walks free, there will never be an end to this problem”. MP Amir relayed his own woes of being “hit in the back while an MP”, and updated the Majlis on the fact that nothing has been done since, leaving him with a feeling of diminished equality.

MP Ahmed Rasheed, had a similar personal narrative underlying his push for implementing the death penalty. Based on “one case in which I was personally involved in”, he generalised for the Majlis the woeful inadequacies of the current criminal justice system.

“The lawyers that the Prosecutor General send to the court to represent the state are usually young children, with no experience”, he said. “With an hour, half an hour or twenty minutes to go before the court sits, these children are handed hefty case files, and told: “Here, young lady, take the file”. They are, of course, trounced by the more experienced lawyers for the defendant”, he said.

MP Rasheed’s blatantly sexist hymn sheet was shared by Deputy Speaker Nazim, who also referred to the “young 18-19 year-old girls” who represent the Prosecutor General in court, and are allegedly posing a threat to national security. Neither MPs mentioned that the more educated members of the judiciary are to be found among the country’s youth and not among the ‘experienced judges’ most of whom have had very little legal training despite having been on the bench for long periods of time.

Putting the death penalty in an Islamic frame

The deeply personal nature of the Majlis’ debate on an issue of such national importance is extremely troubling. So too is the quality of the debate so far that has put the death penalty within the framework of Islam and Shar’ia. Very few MPs have displayed any knowledge of either the long and incessant international debate surrounding the death penalty, nor the rich Islamic jurisprudence on capital punishment. Nor did they demonstrate an understanding that the matter of gangs and rising crime cannot be solved by personal opinions but may need proper study and expert advice across the board on the criminal justice system.

One MP, Ahmed Saleem, for instance, declared all legislation as irrelevant and unnecessary given the completeness of the Qur’an. To clarify his claim, he presented MPs with a hypothetical scenario: “What if”, he said, “someone like Dr Shaheed [former Foreign Minister] were to say that there is nothing in the Qur’an on how to run a foreign ministry.” Such a claim can only be made out of ignorance, for the Qur’an does give guidance on foreign policy, he said.

“God created tribes, countries and states so as each can introduce themselves to the other… Had God made only one country, there would be no need for a Foreign Ministry.” Bang went the Treaty of Westphalia, centuries of diplomacy, and the concept of social constructs, all shot down to nothing with one sweeping statement.

Reducing the death penalty in Shari’a to mere advocacy to “kill the killer” is to reduce the rich and complex debate surrounding the death penalty in Shari’a to mere revenge. Such reductionism is a practice more often associated with those who criticise Islam from the outside than with those who speak in its praise from within.

Although all Muslims accept the permissibility of the death penalty because it is addressed in the Qur’an, its application is varied ranging from those who impose it to a short list of crimes to those who call for a moratorium on it altogether. Capital punishment in Islamic law, as reputed Islamic scholars have highlighted, has its own dhawabit (checks and balances). It is not imposed until due process has been observed, and all extenuating circumstances fully considered. Those who are calling for the death penalty ‘as per Sharia’ would also do well to remember, or to find out, that the state only has the power of execution – imposing it is not a power of the state.

Arguing against the death penalty in the United States from an Islamic perspective, Dr Azizah Y al-Hibri, professor at the T. C. Williams School of Law at Richmond University for example, has pointed out that in Shari’a it is the victim’s family alone that has the right to seek qisas (a form of retributive punishment) against the murderer. It is the majority view of Islamic scholars that if the victim’s family does not seek qisas in court, the state cannot do so on its initiative – unlike the common law system.

The state does have the power, however, to protect the public through other less retributive punishments such as confinement or exile: what the Maldivian state has opted to do for almost six decades. This restriction on the state is one of the most important – and relevant – aspects of the Shari’a to the current debate. It, or any other jurisprudence, has yet to be included in the discussions.

The importance of Shari’a’s restrictions on the state lies in the status of the judiciary as a branch of the state. Even in countries where the independence of the judiciary has been proven beyond reasonable doubt, restricting the power of the state to take away the life of its citizens is a crucial element of justice. When the state is authoritarian, when the judiciary is biased, or when other branches of the state exercise undue influence over the judiciary, it becomes essential for ensuring that life is not taken away arbitrarily.

Punishment without justice

Herein lies the crux of the matter. Questions over the independence of the Maldivian judiciary have now been at the forefront of public discourse for the better part of a year.

The International Commission of Jurists (ICJ) recently published the results of its fact-finding mission to the Maldives in September last year. The report found the Maldivian courts to be failing in their duty to serve the public impartially and laid a lion’s share of the responsibility on the Judicial Service Commission (JSC), charged with imposing and maintaining ethical and professional standards of the Maldivian judiciary.

The JSC has dismissed the ICJ report as “irresponsible” and the Constitutional stipulation to remove all unqualified and ethically questionable judges from the bench as “symbolic” with the result that a large number of the judiciary comprise of convicted felons and the morally dubious.

In 2010, the JSC received over 140 complaints against the judiciary, none of which have been investigated. Currently there a total of 115 complaints pending investigation at the JSC, accumulated from 2008 onwards till the present. Questions have been raised over the JSC’s fairness in its recent appointments to the High Court, and it is due to appear before the Supreme Court on the same issue.

Several other failures of the JSC have been equally blatant, but there appears no authority capable, or willing, to hold the JSC accountable. There is no agitation for reform or independence coming from within the law community itself. The Majlis, and its oversight committee supervising the conduct of independent commissions, is the only authority that can bring the JSC to account. So far, it has not done so in any meaningful way.

It should be noted, however, that at the end of last year, the Majlis committee did instigate an enquiry of sorts – one that raises more questions than answers them. The committee, whittled down from 11 to three members for unexplained reasons – all three of whom are lawyers – have been summoning individual JSC members for questioning. The matter raised in these enquiries, unusual both in the fact that it is summoning individual members to answer questions over the conduct of the Commission as a whole and in its closed nature, are secret and banned from media coverage. So far as is known, the enquiries have been of an administrative nature – who attended meetings when and such – rather than of an investigative nature probing the JSC’s refusal to carry out its constitutional duties.

The investigated and the investigators – where is the dividing line?

One of the characteristics of the debate on March 8, which brought the death penalty to the fore, was the determination of some MPs to blame the security forces of the country.

If only they were to be made answerable to the Majlis Oversight Committee on National Security, things would change, went the argument. Problem is, at the helm of the National Security Committee is Abdulla Yameen taken into ‘protective custody’ by the Maldives National Defence Forces (MNDF) in July 2010 and held on the island of Aarah, the Presidential Retreat, for nine days.

The police arrested Yameen on corruption charges earlier that month, but after about six hours in custody, the Criminal Court, in an extraordinary sitting held at midnight, ruled that Yameen should be released into ‘house arrest’. When supporters of the ruling Maldives Democratic Party (MDP) gathered outside his house, MNDF took him into what they called ‘protective custody’.

Yameen, claimed, however, that MNDF had detained him against his will. The Supreme Court found MNDF’s actions to have been in breach of the Constitution; the ICJ report was highly critical of the executive’s involvement in the actions. Currently Yameen is back at Court claiming millions of Rufiyaa in damages for his detention.

In the immediate aftermath of the debacle, the National Security Committee began to summon senior members of the MNDF and other members of the security apparatus before it. MDP MP Reeko Moosa Manik claimed the Committee’s actions were instigated as a form of revenge by Yameen against MNDF and called for his resignation from the Committee. It did not materialise.

In addition to the history of personal involvement between the security forces and Yameen, there is also the more recent spectre of allegations of corruption worth over US$800 million against Yameen published in various South Asian media outlets from India to Burma and the Maldives.

Yameen has denied the accusations, first published in Indian current affairs magazine, The Week on February 11, alleging that the scheme involved blackmarket oil deals between the State Trading Organisation (STO), when it was headed by Yameen, and the Burmese military junta.

More recently, the Democratic Voice of Burma, an independent Burmese news outlet, has connected the same oil-scam to the explosion of heroin in the Maldives in the early 2000s. The heroin addiction of a whole generation of Maldivian youth and its current problems with violence and drugs has been well documented, and its effects clear to see.

Even if the allegations are untrue, it is clearly in the public and national interest that any state figure of authority implicated in such serious offences, to declare a conflict of interest and distance themselves from holding sway over investigations with even the remotest of links to them personally.

There was no reference made to the personal history between Yameen, the president of the National Security Committee, when his fellow People’s Alliance (PA) party member, Deputy Speaker Nazim, so fervently proposed cooperation between the security forces as the solution to the country’s escalating problem of gang violence.

Own backyard

There are currently five bills crucial to the maintenance to law and order, security and crime reduction pending members’ attention at the Majlis. Chief among these, and pending the longest, is the Penal Code.

Submitted in October 2009, it has now been in the ‘committee stages’ for exactly 17 months to the day. Awaiting attention is also the Evidence Bill, submitted in just a month after the Penal Code, in November 2009.

The Narcotics Bill was submitted in March 2010, almost a year ago; and the Bill on Special Measures to Combat Crime was proposed a month later. Neither has passed the ‘committee stages’.

More recently submitted is the Jails and Parole Bill, pending since October last. Also awaiting Members’ deliberation is an amendment to the Police Act submitted in June 2010, and the Private Security Bill submitted the same month.

As a majority of the Majlis remains preoccupied with long recesses, extending their own privileges, boycotts and deadlocks, these vital pieces of legislation – without which even an unbiased judiciary would find it difficult to perform its duties – gathers to itself the dust of neglect.

MP Mohamed Musthafa, who proposed the Bill on Special Measures to Combat Crime in April 2010, accused members of the opposition of deliberately stalling its passage through the parliament. “If you push that Bill through, the credit will go to the government, there will be no advantage in that for us,” Musthafa said he was told by some opposition MPs. “Intoxication with politics is leading this country to its ruin,” he said.

As the issue opens up for debate at the Majlis again today, it remains to be seen whether any MP who calls for the imposition of the death penalty in order to fulfil its ‘Islamic duties’ refer to the manner in which the Qur’an urges the victim’s family to move forward and to forgive (Qur’an 2:178, 42:40) even as it provides for the right to demand qisas.

It also remains to be seen whether the same MPs would remind fellow members of the instances in which the Qur’an favours forgiveness over revenge or punishment and extols its virtues in many other contexts (Qur’an 42:40; 5:45; 2:237; 24:22; 2:109).

It will also be interesting to see, whether any of the debate calls on existing empirical evidence that reveals no direct link between capital punishment and deterrence of crime. Amnesty International has found, for example, that in the United States crime is lower in states where capital punishment is not practised compared to the states where it is.

Its conclusion was that: “The threat of execution at some future date is unlikely to enter the minds of those acting under the influence of drugs and/or alcohol, those who are in the grip of fear or rage, those who are panicking while committing another crime (such as a robbery), or those who suffer from mental illness or mental retardation and do not fully understand the gravity of their crime.”

Whatever the quality or outcome of the debate, the result will be a strong indicator as to how far the politicisation of life has travelled in the two years since the Maldives became a democracy. If it has come so far as to be able to impose its will beyond life to death, there is little hope that this government is capable, or willing, to resuscitate the increasingly moribund Maldivian democracy.

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Economic stability threatened by “significant policy slippages”, warns IMF

The Maldives has suffered “significant policy slippages” that have undermined the country’s capacity to address its crippling budget deficit in 2011 and beyond, the International Monetary Fund (IMF) has warned, in a statement concluding its Article IV consultation with the Maldives.

“On the expenditure side, there have been no net fiscal savings from public employment restructuring, public sector wages will be restored to their September 2009 levels earlier than expected, and the new Decentralisation and Disability Bills will lead to considerable spending increases,” the IMF stated. “Also, the Business Profit Tax will come on stream eighteen months later than planned.”

The IMF warned that the Maldives economy was presently unsustainable, on the back of “expansionary fiscal policies” from 2004 which left the country especially vulnerable to the decline in tourism during the 2008-2009 recession.

The country’s financial deficit exploded on the back of a 400 percent increase in the government’s wage bill between 2004 and 2009, with tremendous growth between 2007 and 2009. On paper, the government increased average salaries from Rf3000 to Rf11,000 and boosted the size of the civil service from 24,000 to 32,000 people – 11 percent of the total population of the country – doubling government spending from 35 percent of GDP to 60 percent from 2004 to 2006.

While preliminary figures had pegged the 2010 fiscal deficit at 17.75 percent, “financing information points to a deficit of around 20-21 percent of GDP”, down from 29 percent in 2009, the IMF reported.

The IMF said that while it recognised “the difficult political situation facing the authorities”, “decisive and comprehensive adjustment measures” were required to stabilise the economy, allow sustainable growth and reduce poverty. In particular, it raised concern about the “lack of significant progress in public employment restructuring.”

“Efforts to strengthen the financial sector and improve the business climate will also be critical,” the IMF said, noting that private sector credit had all but stalled. However it generously conceded that the pace of adjustment “should take into account political constraints.”

The IMF’s Mission Chief to the Maldives, Rodrigo Cubero, told Minivan News that while the government had introduced the core components of a modern tax regime that would begin generating revenue from this year, these achievements were offset by new spending on legislative reforms such as the decentralisation act.

“We see bringing the fiscal deficit down as the key macroeconomic priority for the Maldives,” Cubero said. “A large fiscal deficit pushes up interest rates, thereby undermining private investment and growth, and also drives up imports, putting pressure on the exchange rate and inflation, all of which hurts the Maldivian people, particularly the poor.”

“Further efforts are still needed to reduce the fiscal deficit. Those efforts should comprise further tax reforms as well as measures to reduce expenditure and to improve the channelling of social expenditures to the needy.”

He would not be drawn into the politics of the Maldives’ economic situation, “but what we can say with confidence is that broad political support will clearly be needed both to design an economic programme and to carry it out as planned. That is why we also support as broad a spectrum of consultations with different stakeholders as possible.”

Graduation impact

The Maldives graduated in January 2011 from the UN’s ‘Less Developed Country’ designation to ‘Middle Income’, a move which reduces its access to certain concessional credit and donor aid.

Cubero said that as far as the IMF was concerned, “the Maldives remains eligible to the IMF’s concessional financing under the Poverty Reduction and Growth Trust (PRGT). The IMF follows its own rules and procedures to determine PRGT eligibility; the criteria include income per capita, market access, and short-term vulnerabilities.”

The Maldives had, he said, “made significant economic progress in recent decades, allowing it to reach middle-income status. However, given the large public debt and still very large fiscal deficit, it is very important that the financing terms for the Maldives’ public borrowing remain as favourable as possible. While reducing the fiscal deficit is imperative to maintain debt sustainability, favourable financing conditions would also help keep debt manageable.”

Confidence

In its report, the IMF was broadly confident that the Maldives could stabilise its economy in the medium term, due to the tight monetary policy of the Maldives Monetary Authority (MMA) in mopping up excess liquidity, as well as the passing of the Business Profit Tax and a Tourism Goods and Service Tax.

The economy had rebounded strongly after shrinking 2.25 percent in 2009, and GDP growth for 2010 was an estimated 4.75 percent, the IMF said, with an expected inflation rate of five percent in 2010.

As for the ongoing dollar shortage, while the IMF did not actively advocate a revision of the pegged exchange rate, it did call for “continued discussions between the authorities and the staff on this issue while being mindful of the risks involved and the impact on the poor.”

“The MMA continues to ration the supply of foreign exchange to banks, while fully meeting the demand from the central government and some state-owned enterprises,” the IMF stated. “Dollar shortages persist, and the parallel market premium has increased somewhat.”

In November 2010 the IMF delayed a disbursement under the second review of its program with the Maldives, ahead of the 2011 budget.

The delay, Cubero explained at the time, was due to the “fiscal slippages” caused by insufficient progress towards reducing the wage bill and passing tax legislation – most significantly, the Business Profit Tax.

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Deploy UN peacekeepers to Libya, urges Maldives President

President Mohamed Nasheed has called for the United Nations to deploy peacekeepers in the troubled gulf state of Libya, in an effort “to contain” its leader Muammar Gaddafi.

Nasheed made the suggestion during an interview on ‘Walk the Talk’, a current affairs program on Indian television station NDTV.

The Libyan government, a 42 year autocracy under Gaddafi, is facing rising international censure after using African mercenaries and military hardware – including anti-aircraft missiles – against civilian protesters.

At least 300 people are believed dead in the uprising while armed opposition groups now control much of the east of the country including Zawiyah, a town just 30 miles from the west of the capital of Tripoli. The British SAS meanwhile evacuated more than 500 British oil workers from a staging point in the Libyan desert, using C-130 Hercules transports.

“I feel that the UN should now be thinking about peacekeeping in Libya – on the ground intervention. This is very important,” Nasheed said on ‘Walk the Talk’.

“It is very disturbing to see the whole thing being played out, and everyone talking about their nationals – we all humans and sovereignty cannot be played over humanity,” Nasheed said.

“It is very disturbing to hear everyone talking only about their own nationals. People should be talking about Libya and the people. You kill an Indian, you kill a Libyan, what difference does that make? You’ve killed someone.”

Direct action was needed, Nasheed said, rather than the further economic sanctions that had been imposed.

“[The international community] are talking about sanctions – but Libyans already can’t import anything,” he said.

Nasheed noted that Gaddafi had survived the extreme political turbulence of the last 3-4 days, and said he was “very jittery” about the prospects of the leader stepping down voluntarily.

“Certainly he should go – I’ve no doubt about that,” he said. “It is our responsibility to make sure that at the end of the day we don’t have headlines saying 500,000 people are dead from aerial bombing in Libya.”

The Maldives, Nasheed said, was a “laboratory case” for the current call for democracy in the Middle East and the ousting of autocratic leaders.

“For the last 100 years Maldivian leaders have tried to emulate Egypt. There was Gayoom, but other leaders before him also studied in Egypt.

“What they need now are political parties. We will always support movement in any country when people want to be free – it is very important for development that countries haves strong political parties and free and fair elections.”

The uprisings had showcased that there was “no contradiction between Islam and democracy”, Nasheed said. “We are a 100 percent Muslim country and we have been able to galvanise the public for political activism, we’ve been able to amend our constitution, we able to build political parties, we have had free and fair presidential elections, parliamentary elections, local elections, we have separation of powers, we have a very vibrant independent media, we have all the fundamental rights – but all that requires space for organised political activism.”

A theocracy based around an extreme religious idea, Nasheed said, was simply “The camoflage of a standard dictatorship – except in the name of God.”

Issues such as Israel and Middle East peace issues could be more easily dealt with in a free and democratic country, Nasheed said.

“We have been able to have a number contacts with Israel now – the people have no issue with that.”

Queried by the interviewer about the widespread public anger Nasheed faced when reaching out to Israel, Nasheed claimed that “there is always organised opposition, and there should be and we can always talk about it and give our point of view.”

The uprisings had broken many Middle Eastern stereotypes, Nasheed agreed.

“Finally we will be able to show Islam for what it is – a high sophisticated intellectual life, that is highly attractive to people.”

Asked by the interviewer if he himself was “a devout Muslim”, Nasheed described himself as “practicing”, “but I don’t think that necessarily narrows my thinking or my attitude or my interactions with anyone.”

The interviewer also challenged Nasheed on how the Maldives could balance a broadly Islamic population with the influences of Western-style beach tourism.

“Traditionally we were Sufi Muslim, so therefore we were very liberal,” Nasheed said. “But in 70s we had wahabism starting to come in. Then in the late 70s Gayoom came to power, after living in Egypt.

“There was always a tendency to use religion or verses from the Quran or hadiths to justify yourself or justify your actions. Some other leader might have said “for development’. But Gayoom would say, ‘for God, so that we may attain paradise.’ What you are really saying is that you are building a school.”

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Runaway judiciary leaves the Maldives “at a dangerous junction”, says Velezinee

The Maldives is at “a dangerous junction” following the publication of an in-depth report into the state of the country’s judiciary by the International Commission of Jurists (ICJ), says President’s Member of the Judicial Services Commission (JSC) Aishath Velezinee.

The report was released this week following a visit by an ICJ delegation that included former UN Special Rapporteur on the Independence of Judges and Lawyers, Dr Leandro Despouy. It urged the provision of institutional and individual support for judges and magistrates in the Maldives, foreign oversight and assistance, and highlighted judicial accountability as “the key to cultivating public confidence [in the judiciary]”.

The report was especially critical of the JSC, “constitutionally established as an independent and impartial body tasked with vetting non-Supreme Court judges and magistrates.”

The JSC, the report said, “was unable to carry out its functions in a sufficiently transparent, timely, and impartial manner. To date, JSC decision-making has been perceived as being inappropriately influenced by a polarised political environment. Also troubling is that members of the judiciary have been subject to threats and intimidation as well as improper inducements by both governing and opposition party members.”

The JSC has refused to even table the report, Velezinee said on Thursday.

“We have not been given the opportunity to discuss the report in the JSC,” she said.

“The first thing is for those members exposed as not up to the conduct required by JSC to seriously think about resigning. Number two – we need to table the ICJ report and discuss it. But they have shown no interest in doing so.”

The ramifications of not doing this meant that the Maldives  had “a runaway judiciary”, Velezinee said.

“There has been very public resistance from JSC to any sort of democratisation of the JSC. I’m afraid the people are fooled – the constitution promises an independent judiciary and JSC, which would ensure judges are impartial and independent. But the JSC never institutionalised itself as an independent institution.”

The ICJ had managed, Velezinee said, “to put together a clear picture drawing from the little documentation that was available to them.”

“A lot of very political opinions were shared with them by stakeholders, and they would have had to be really vigilant to not be taken in by the politics of it,” Velezinee said.

“I think the challenge for them was that almost all the documentation is in Dhivehi and not available publicly. Considering the difficulties they had getting information and the very political situation we are currently in, I think they have done an excellent job.”

Situation at hand

Under the constitution the next step forward would be for the Majlis (parliament) to act as the independent oversight body and “put the JSC on trial”, Velezinee said.

“But every time controversy in the JSC becomes public the Majlis intervenes – not in a way that holds JSC accountable, but with the sole objective of covering JSC’s misdeeds. Right now the parliament has a three-member subcommittee conducting a secret investigation of JSC – these are meetings that are closed door [and not public knowledge].”

Parliament, Velezinee contended, had failed to hold the JSC to account and had resisted reforming the watchdog body.

“The parliament is together with the judiciary on this – certain influential members of parliament would like to maintain the status quo so they can control the judiciary,” Velezinee said.

“This is not such a far-fetched radical thought coming from me any more because of the things we have seen over the last year to do with politicians and judicial action. The courts are a playground for politicians and are not trusted by the general public.

“Parliament has failed, and there is no other institutional mechanism in this constitution for the JSC to be held to account.”

It was, Velezinee said, in the interests of everyone, including the international community and the state, “to ensure that the constitutional provisions to establish independent judiciary are followed to the letter and in spirit. We have failed to do that.”

The reason for that failure, she suggested, was a fear among leaders of the former administration “who are continuing with criminal activities they have allegedly been carrying out for a long, long time. These are allegations only because they have never come up before a court of law in all this time.

“There is widespread public perception that certain members of parliament are behind all the serious organised crime going on in this country. This includes serious drug issues, gang violence, stabbings. It is a much discussed issue, but it has never come up in the courts. I can see now that perhaps it may be true – otherwise why prevent the formation of an independent judiciary? I don’t think they would have confidence that they would get away free.”

Velezinee observed that former political figures such as attorney generals were now representing these MPs in court as their lawyers, and by and large, “they win every case.”

“I would find it an insult if had to go and argue my case before someone who does not understand the law. Why are these people doing it? On some islands the parents are locking up the primary schools if the teacher is not qualified. Why are we content with people who have not completed primary school sitting on the bench and judging us?”

Deep-rooted cultural issue

Many of the problems now embedded in the Maldives and its institutions can be traced to the fact that the country never had the opportunity to acclimatise to the concept of democracy before it was introduced, Velezinee suggested.

“For the last two years I have done nothing but think about this and try to change the JSC. I have spent hours and hours by myself thinking this through.

“What I think is this: when a student from a developing country goes to a university in a developed country, you go through an orientation process. If you live in the developing world and you go to work in the third world as a volunteer you also go through orientation – it’s to prevent culture shock.

“We just woke up one day to a new culture. We have always had this culture of subservience, of submissiveness where you are taught to respect your elders – certain people who have been shown to you as the leaders. Then suddenly we adopted this constitution that says everyone is equal.

“I think what people have found as my brazenness is that I have dared to publicly criticise the Speaker of Parliament and senior judges. They do not understand that I am equal to them as a member of JSC – the concept is completely lost on them.”

For the past 30 years judges effectively worked as the employees of those “hand-picked” by the former government, Velezinee explained – to the extent that failures to extend a particular ruling as required by the then Ministry of Justice resulted in a black mark on the judge’s file.

“The only qualification it appears was a willingness to submit to the will of the government at the time – to follow orders,” Velezinee said.

“Not everyone has the mindset to follow orders and serve in that kind of capacity. I believe it has excluded people with independent thinking, or the necessary legal knowledge – such people would take it as an insult for someone to order them how to decide a case.

“Now the JSC has decided – I believe with the support of parliament – that the same bench will remain for the next 40 years, retitled as an ‘independent judiciary’.”

Download the ICJ’s report, ‘Maldives: Securing an Independent Judiciary in a Time of Transition’ (English)

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Immigration Controller to exchange roles with National Disaster Management chief

Immigration Controller Ilyas Hussein Ibrahim is to trade roles with head of the National Disaster Management Centre Abdulla Shahid, also Minister of State for Housing and Environment.
Minivan News understands that the official letters of appointment have not yet been delivered but are awaiting the President’s signature, after news of the decision was leaked.

Ilyas told Minivan News that the Haveeru report was the first he had heard of the proposal: “No one’s shared it with me yet,” he said.

The move may have a political dimension, as Ilyas is one of the few remaining members of the Vice President’s Gaumee Itthihaad Party (GIP) in government, which was dropped as a coalition partner by the ruling Maldivian Democractic Party (MDP) last year after Vice President Dr Mohamed Waheed Hassan publicly criticised the government for sidelining him.
The supposed reshuffle also comes a month after President Mohamed Nasheed called on the Immigration Department to postpone the roll-out of the Nexbis electronic border control system for the Maldives in accordance with concerns by the Anti-Corruption Commission (ACC) over the project’s selection process.

The President’s Office previously confirmed to Minivan News that Nasheed has requested that the Department of Immigration and Emigration adhere to the ACC’s guidance until it rules over the next step for the project, with no appeal expected to be heard on the current decision.

Nexbis has meanwhile said it will be taking legal action against parties in the Maldives, claiming that speculation over corruption was “politically motivated” in nature and had “wrought irreparable damage to Nexbis’ reputation and brand name.”

The project is intended to curb illegal immigration by tying biometric data to an individual at point of entry, thus reducing the reliance on potentially forged paper documentation. Labour trafficking in the Maldives is thought to be worth at least US$42 million a year and up to US$200 million, according to the former Bangladeshi High Commissioner.

Both positions – Immigration Controller and head of the National Disaster Management Centre – share the same rank.

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Former Salisbury MP Robert Key lecturing in Maldives

Former UK Conservative Party MP for Salisbury Robert Key is visiting the Maldives this week to present a series of lectures on subjects including democracy, civil service and the importance of an independent judiciary.

Key will be presenting a public lecture at Mandhu College on Tuesday night at 8:00pm, on the Magna Carta.

During his tenure as an MP, Key was instrumental in bringing the Maldives to the attention of British Parliament in March 2005, following representations made to him by the now-ruling Maldivian Democratic Party (MDP).

Current President Mohamed Nasheed attended school near Salisbury. The area is also home to the Friends of Maldives NGO, and the Maldives Consulate.

Key entered parliament in 1983 and retired in April 2010, during which time he variously served as Minister for Local Government and Inner Cities in the Department of the Environment, Minister for Roads and Traffic, junior minister at the Department of National Heritage, and in opposition, shadow minister for Science and Energy, and shadow minister for International Development. He was succeeded as Salisbury MP by John Glen, also a Conservative Party MP.

Key’s entry on UK government’s ‘They Work for You’ website

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Libyan army guns down demonstrators, UK backs away from Bahrain

Soldiers in Libya and Bahrain have fired on demonstrators as authorities try to quell growing unrest, triggered after protesters toppled 30 year autocrats in Tunisia and Egypt.

Troops in Libya reportedly shot and killed at least 12 mourners in the city of Benghazi, after a group tried to storm a military barracks and throw firebombs into the compound on the way to the funeral. Opposition groups claimed up to 60 were killed, while one activist told the BBC that the regime was releasing prisoners from jail to attack the demonstrators.

The BBC reported that troops used mortars and 14.5mm heavy machine guns to repress the civilians, while Al-Jazeera reported that hospitals were running out of blood needed for emergency transfusions.

Al-Jazeera also reported an account from a cleric in Benghazi, who witnessed a tank crushing two people in a car. Libyan President Muammar Abu Minyar al-Gaddafi has also imposed a news blackout on the country and banned journalists from entering.

Analysts have further suggested that the human cost of an Egyptian-style uprising in Libya could be far higher, given the military apparent enthusiasm for firing on its own population.

Bahrain’s military meanwhile shot and killed at least one demonstrator and wounded 50 more, during a funeral procession for four people killed in earlier unrest.

Rising tensions and ongoing demonstrations suggest that King Hamad bin Issa al-Khalifa’s gift of US$3000 on February 12 to every family in the poverty-stricken Gulf nation has failed to satisfy protesters.

The UK, which has previously supported regimes in Bahrain and Libya, announced it was withdrawing licenses authorising the sale on arms to both countries.

The UK’s Ministry of Defence has trained more than 100 Bahraini army officers in the past five years at its military college in Sandhurst, reports the UK’s Guardian newspaper, while the country is also a base for the US fifth fleet.

UN High Commissioner for Human Rights Navi Pillay has meanwhile condemned the shooting of protesters in Algeria, Bahrain, Iran, Iraq, Libya and Yemen, and described the entire region as “boiling with anger.”

“At the root of this anger is decades of neglect of people’s aspirations to realise not only civil and political rights, but also economic, social and cultural rights,” Navi said.

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Employ recovering addicts, President urges big business

State-owned corporations and large businesses should help rehabilitate drug addicts back into society through active recruitment, President Mohamed Nasheed has said during his weekly radio address.

The President noted the state-owned construction firm Works Corporation Limited had employed 15 recovering addicts in its Thilafushi precast yard, and that 11 of the 15 had successfully completed the program. The company had now taken on an additional 25 young people to boost the government’s drug rehabilitation efforts, he said.

Addicts, he said, were isolated from their families and society as a result of their addiction, and such programs could return them to the community.

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