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Comment: A case for more mature defamation laws in the Maldives

“Reputation, reputation, reputation! O! I have lost my reputation. I have lost the immortal part of myself, and what remains is bestial. My reputation, Iago, my reputation!” said Cassio in Act II of Shakespeare’s Othello.

So did Maumoon Abdul Gayoom almost every day whenever before 2008 whenever his government wanted to stymie any criticism from anyone that he didn’t count as a supporter.

So did Maumoon Abdul Gayoom in June 2010, when the New York Times published the now (in)famous “looters” article and when Miadhu decided to reprint it.

So did Mohamed Nasheed in January 2012, when DQP’s Dr Mohamed Jameel alleged Nasheed was working under the influence of “Jews and Christian priests”.

These three moments/phases define the journey of defamation laws in our country and reflect three aspects of the maturity and adequacy of these laws. They reflect “the good, the bad and the ugly” of defamation laws in the Maldives and underlie the case for further refinements in these laws for us to have a stable, progressive and a coherent Islamic society.

Evolution of defamation laws in our country has come a long way from the times where it was a criminal offence punishable with up to six months of jail under Gayoom’s era. However, they seemed to have been too weak and toothless under Nasheed, and this in some sense led to his downfall that ushered in a volatile political environment for the last one and a half years.

The purpose of laws is to not just to punish actions that are undesirable for the peace of society but to also deter actions that can potentially harm such peace and harmony. This is especially true of defamation laws, which must create the fine balance between promoting responsible freedom of expression and providing enough deterrents against slander that can do unreasonable harm to reputation of individuals and to the cohesion of societies.

It is worthwhile to look back at how the defamation laws have evolved over time in the Maldives and reflect on whether we need to revisit these laws going forward, in order to make them more effective in serving the purpose that these laws are supposed to serve.

Before defamation was decriminalised in November 2009, defamation was one of the most abused laws in the Maldives. Section 125 was invoked by Gayoom administration every now and then to put their opponents under arrest and stymie any criticism of the government. Section 125 stated that “Where a person makes a fabricated statement or repeats a statement whose basis cannot be proven, he shall be punished with house detention for a period between one to six months or fined between Rf25 and Rf200”.

This of course reflected “the ugly” of our defamation laws and was dropped by the newly elected democratic government of Mohamed Nasheed. Such decriminalisation was hailed as a key democratic reform of the previous government and was appreciated by global rights watch bodies such as Article 19 and Freedom House as well as the United Nations itself. This was a significant movement for a society that was used to being under the shackles of the government and was enjoying its now-found ‘democratic society’ status.

Then, in June 2010, Gayoom decided to take Miadhu to court for reprinting an article published in New York Times. This article, which spoke of how money from the exchequer was inappropriately used for personal consumption under Gayoom’s regime, was based on the Nasheed government’s audit reports of Gayoom regime’s expenditure. This defamation suit was to be a watershed moment in democratic evolution of the country where a newspaper carried a story, which they believed to be credible, fearlessly. This was also a landmark moment with respect to freedom of expression and media in the Maldives; it was also the first case that Gayoom had lost in 32 years in the country! It showed Maldives to be on the right path of socio-judicial democratic reforms where some of the key tenets of globally accepted defamation regulations were shown to be working in our system.

However, this was soon followed by how ‘the bad’ of our defamation laws were exposed after ex-DQP leader and now-running-mate of Abdulla Yameen, Dr Mohammed Jameel Ahmed decided to slander against the then-President Mohamed Nasheed. In a closely knit Islamic society such as ours, an accusation of working against the nation’s religion, which is what binds us together, is a matter of supreme importance – more so, if such an accusation is made against the nation’s President.

If backed by proof, then it is a matter of strategic importance for the nation’s institutions to investigate but if it is unsubstantiated, it is slander of the most deplorable nature and must be handled with utmost urgency. In this case, it was interesting to note that while Dr Jameel made these allegations, they came from the political leader of a party whose other major leader, Dr Hassan Saeed, had declared during many election rallies in 2008 that as Gayoom’s Attorney General, he was aware that Nasheed was investigated for his association with western churches.

He had declared during these rallies that Nasheed had come totally clean after detailed investigations. Moreover, Nasheed’s government was accused of voting in favour of Israel at the United Nations, whereas Maldives’ voting in any UN resolution is public knowledge and clearly this accusation was untrue as well. However, despite these issues being common knowledge, a political leader could believe that he could make the most serious and slanderous allegations against the President of the nation and could expect to be let off the hook easily for such slander.

It’s another matter that there are a number of structural issues with respect to the judiciary in the Maldives which also played their part in how this case snowballed into significant political turmoil for the country. While I do not intend to comment on or discuss the issue of judicial reforms through this article, the core issue that I want to highlight is that even the laws must have had loopholes for which a political leader such as Dr Jameel had hoped to get away with slander. I say this because, had the laws been specific and if they had enough teeth to be deterrents by themselves, scope of judicial manipulation would have been limited in this case. For instance, while slander and libel were decriminalised in 2009, the maximum penalty for civil action against slander was set at MVR 5000 (US$325). That’s hardly a deterrent for a man who is known for his panache for Hugo Boss suits! He may as well have deposited MVR 5,000 in the President’s office in advance for every time he got a set of these ‘slanderous’ booklets printed!

This saga that set off arguably the biggest political turmoil in Maldivian history was not the end of it, as for the woes against weak defamation laws. Foreign investors like Nexbis and GMR complained of continuous undermining of their business reputation through unsubstantiated and irresponsible corruption allegations by local politicians such as Sheikh Imran and Hassan Saeed. For instance, in the case of GMR, while the likes of Sheikh Imran and various ministers in Dr Waheed’s cabinet made corruption allegations against the GMR deal, the Anti-Corruption Commission later gave a clean chit to the deal.

The impact that these experiences, with respect to the safety of investment climate and investor protection against local political interests, of these two foreign companies will have on future investment flows only remains to be seen in the times to come. What is very clear is that re-looking at defamation laws is not only important from a socio-political perspective but from an economic development and foreign investor protection perspective as well.

In essence, we have come a long way from pre-2009 days when criminal defamation was widely abused but are now at a place where anyone can make any sort of irresponsible allegations without worrying about the consequences. This is not only limited to the domain of politics but to our economy as well as everyday life. It is clear that defamation cannot go back to being a criminal offence but it is also important for us to consider if the current civil defamation laws reflect the desired balance that is important to maintain order in our society.

Clearly, the current laws are unable to make this balance and need to be strengthened – how, though, is a matter of broader socio-politico-legal debate.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Diesel fuel rationed after STO shipment delayed

The State Trading Organisation (STO) has controlled the sale of diesel fuel in the Maldives due to a shipment delay.

The delay of diesel shipments occurs “sometimes during the year” when ships carrying diesel from Dubai are “held up” in port, STO Managing Director Shahid Ali told local media.

While diesel will be made available to the State Electric Company (STELCO), resorts and general customers, new orders for diesel are being controlled by STO, according to Ali.

“This is a common problem. But there is enough oil in stock for STELCO and all the resorts, who buy oil on a regular basis. It is only the sale of oil to other groups that has been controlled,” said Ali.

“We might not be able to meet the demand of a sudden order. But regular customers will have continued supply,” he added.

The diesel shipment will arrive on Wednesday (August 14) and STO expects the control of diesel to be lifted by Thursday, according to Ali. No restrictions on petrol supplies have been enacted.

Meanwhile, Fuel Supply Maldives has also restricted the sale of diesel, following STO’s control of diesel supplies, Managing Director of Fuel Supply Maldives Adam Saleem told local media.

“We have rationed the sale of diesel to resorts. We have faced this problem before as well, but this time the delay has been prolonged,” said Saleem.

Fisherman are also facing problems due to the limited diesel sales, while resorts are complaining about running out of diesel supplies, according to local media.

Diesel fuel is the primary source of power generation in the Maldives, with most islands having separate power house facilities. Marine diesel is also used to fuel the country’s fishing and transport fleet, accounting for roughly 80 percent of the country’s consumption.

The near total dependence saw the Maldives ranked dead last in report published by the UNDP in 2007 on the vulnerability of developing countries to fluctuating oil prices, a fair stretch behind Vanuatu, effectively placing the country among the world’s most oil-addicted nations.

“Island countries in general are extremely vulnerable to increased oil prices. They comprise distant and small markets and have to bear the burden of higher shipping costs, while electrical power generation is largely fueled by diesel,” the report noted.

The Maldives dependency on oil was discussed in October 2012 by President Mohamed Waheed at the World Energy Forum in Dubai.

“A development path primarily based on expensive diesel generated electricity is unsustainable in any country, let alone a small country like Maldives,” said Waheed at the forum’s opening ceremony.

“Today, we spend the equivalent of 20 percent of our GDP on diesel for electricity and transportation. We have already reached the point where the current expenditure on oil has become an obstacle to economic growth and development,” he continued.

Waheed explained that the current price of 35-70 US cents per KW hour meant that the government was being forced to provide “heavy subsidies” to consumers, giving little option but to move towards a low carbon alternative.

State Trading Organisation (STO) Managing Director Shahid Ali was not responding to calls at time of press.

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Political bias limiting right to information: panel

The biased editorial practices of media outlets owned by politicians is one of the major impediments preventing the right to information from being upheld in the Maldives, journalists and civil society actors highlighted during discussion panels organised by the US Embassy this week.

Maldivian journalists and NGO leaders met with representatives from the US Embassy, the UN, as well as a US attorney representing the American Society of News Editors, Kevin Goldberg, to discuss the current status and future efforts needed to protect this human right in the Maldives.

The state is the guardian of information and the public have a right to access that information, according to the forum.

This is essential for not only holding the government accountable to the public – so residents of the Maldives can understand what the government is doing for the people – but also for instilling public trust in government institutions.

Any type of information, including documents, electronic records, audio, video, etc., produced, held or maintained by a state institution should be easily accessible. Uninhibited access to events held in the public domain, such as protests, are also protected, the forum was informed.

Journalists and NGO representatives alike noted the lack of cooperation from government institutions as well as the shortcomings of media outlets in disseminating balanced information.

The media discussion panel held Monday (August 12) was nonetheless poorly attended, with three journalists from Sun Online, one Maldives Media Council (MMC) official, and one Minivan News representative participating.

While two Maldives National Broadcasting Corporation (MNBC), also known as Television Maldives (TVM), reporters were present during part of Attorney Kevin Goldberg’s opening remarks, they left prior to the group discussion taking place. No representatives from the Maldives Broadcasting Commission (MBC), Raajje TV, Villa TV (VTV), DhiTV, Haveeru News, Channel News Maldives (CNM), Miadhu News, or Minivan Radio attended the event.

Although the panel was small, discussion was lively, with everyone in attendance concerned about editorial policies that catered to the government or a specific political party, which they said had staunched the flow of information reaching the Maldivian public.

Unbalanced reporting in favor of the state during the February 2012 controversial transfer of power that followed former President Mohamed Nasheed’s resignation, as well as government authorities cutting Maldivian Democratic Party (MDP) aligned-Raajje TV’s feed, were highlighted as concerns.

In addition to the need for a culture of balanced, ethical reporting, journalists highlighted the difficulty in obtaining information from various government representatives and institutions.

Goldberg noted that “information delayed is information denied”, and that procedural mechanisms should be in place to allow the public, including journalists, easy access information. The state should “proactively disclose” information of public interest, individuals “shouldn’t have to ask for it”, he said, explaining that readily available information was as much a means for public officials to protect themselves from the media as it was for the media in conducting investigative journalism.

Goldberg, as well as the Human Rights Advisor to the UN Resident Coordinator’s Office, Safir Syed, stated that MBC’s requirement that journalists be licensed to enter a protest was a human rights violation.

Goldberg emphasised that it takes time to build enough collective momentum to effectively pressure a government to uphold the right to information, and that collaboration between media outlets and civil society was essential to do so.

NGO representatives echoed the concerns noted by journalists during the discussion panel held Tuesday (August 13) and emphasised that unethical reporting and the media’s lack of cooperation with NGOs had limited civil society’s trust of local media outlets.

The inability to appeal to the judiciary to obtaining access to public information was also highlighted as a problem.

Transparency Maldives Project Director Aiman Rasheed explained to Minivan News that while Article 19 of the Maldivian Constitution guarantees the right to information, current practice was limited to the executive. He added that the right to information regime needs to be spread across all state institutions, including the judiciary, parliament, independent commissions and state companies.

Furthermore, the Maldives is a signatory to the International Convention on Civil and Political Rights (ICCPR), which also protects this human right.

“The right to information is important for citizens to make informed choices, participate in the democratic process, and hold the government accountable,” said Rasheed. “Freedom of information is a key prerequisite for democracy.”

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Islamic Minister concerned over “extreme ideologies” being preached in Dharumavantha Mosque

Minister of Islamic Affairs Sheikh Mohamed Shaheem Ali Saeed has voiced concerns that Friday prayers conducted in the Dharumavantha Mosque in the capital city Male’ are conducted by Imams who do not hold state-issued authorisation to preach.

Shaheem emphasised the importance of putting an end to the practice of Dharumavantha Mosque conducting Friday prayers in a manner different from all other mosques in the country. He furthermore said that he had personally received reports that the sermons given in the mosque preached a “stricter, more extreme ideology [of Islam]”.

“In the Maldives, we follow the practices of Sunni communities, especially when it comes to matters concerning religion. And then [they] refuse to pray in other mosques behind authorised Imams and form their own prayer congregations elsewhere. The ‘Imams’ conducting Friday prayers at Dharumavantha Mosque do not have permits to lead Friday prayers, nor are they even well-educated. I’ve also been informed that sometimes very extreme preachings are made by them,” Shaheem said on Sunday, speaking to local media.

The minister added that mosques in the capital are now under the jurisdiction of the Male’ City Council, and that the Islamic Ministry no longer has the mandate to act against any “undesirable activities” being carried out in mosques.

Mosques were transferred from being under the watch of the Islamic Ministry to the councils in late 2011 after the ratification of the Decentralisation Act.

Shaheem stated that he had nevertheless worked to ‘reform’ people who attended these prayers with the help of various religious scholars who provided advice to these individuals.

A Male’ City Council official noted that Councillor Hassan Afeef is in charge of overeeing mosques. Afeef was not responding to calls at the time of press.

Dharumavantha Miskiiy

Dharumavantha Mosque (Miskiiy) is recorded to be the oldest mosque in the country, according to the former National Center for Linguistic and Historical Research.

The mosque, which is exclusively for men, is a one-room structure with an attached veranda, located near Sultan Park.

Dharumavantha Mosque is attributed to Mohamed-Ul-Adil, the first Sultan of the Maldives, who was the first to enforce Islamic law in the country.

On March 6, 2013, the mosque was robbed and vandalised. The matter was reported to police by those attending early morning prayers.

Police have so far not publicised details of the investigation, and the case is believed to remain unsolved.

Dharumavantha Mosque is the only known mosque in the capital which refuses to read out pre-written sermons issued by the Islamic Ministry during Friday prayers, as is the current practice.

Islamic Minister Sheikh Shaheem Ali Saeed was not responding to calls at the time of press.

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Police charge three people for drinking alcohol in 2010

Police have submitted for prosecution a case involving three people alleged to have possessed and consumed alcohol almost three years ago, on October 28, 2010, reports local media.

Police arrested Ahmed Minthaz, 45, Ahmed Ahlam, 42 and Risma Umar, 23 in a rented apartment in Male’, after discovering three glasses and one bottle of alcohol on a table in the room. A further four bottles of alcohol were discovered in the apartment, police stated.

The three suspects tested positive for alcohol during a breathalyzer test, police said, and the case was finally sent for prosecution on July 30, 2013.

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Elections Commission confirms ballot boxes in New Delhi and Singapore

The Elections Commission (EC) has confirmed that ballot boxes will be present in New Delhi and Singapore, after both venues received the minimum number of registrations, reports local media.

Expatriate Maldivians who have re-registered to vote in locations outside their home islands will be able to vote in New Delhi, Trivandrum, Colombo, Kuala Lumpur, London and Singapore.

The EC will deploy 480 ballot boxes in the election, including 122 in Male and 55 on resorts and prison islands.

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DRP denies holding coalition talks with President Waheed’s election rivals

The government-aligned Dhivehi Rayyithunge Party (DRP) has rejected allegations it ever considered forming a coalition to back a candidate other than President Dr Mohamed Waheed.

Local media quoted senior figures in the Jumhoree Party (JP) of accusing DRP Leader Ahmed Thasmeen Ali of unsuccessfully trying to become the running mate of its presidential candidate MP Gasim Ibrahim, before opting to side with the incumbent in May this year.

JP candidate Gasim, one of the country’s highest-profile business figures, has since formed his own coalition with the religious conservative Adhaalath Party (AP) and Dhivehi Qaumee Party (DQP) after they both defected from President Waheed’s ‘Forward with the nation’ coalition in July.

“Last minute” decision

DRP Spokesperson Ibrahim Shareef today categorically denied that discussions had ever been held over backing any other candidate for this year’s election, claiming the decision to stand in a coalition with President Waheed has been made by the party’s council at the “last minute”.

“We were originally trying to run on our own [as a party] right up to the last minute,” he said. “However, it was decided to sacrifice [the party’s] ambitions for the sake of the nation.”

Shareef claimed that in comparison to the three other candidates preparing to contest this year’s election, President Waheed was not promising policies that could not be delivered under the current economy.

He accused Gasim, Progressive Party of Maldives (PPM) candidate Abdulla Yameen and opposition Maldivian Democratic Party (MDP) candidate former President Mohamed Nasheed of being “very unrealistic” with their campaign promises.

“We are careful to make promises within the resources we have available and within the budget,” Shareef added.

Both the PPM and MDP have previously accused President Waheed of making development pledges outside the approved budget, while also alleging he had been using state resources to campaign for his own Gaumee Ihthihad Party (GIP).

According to Shareef, the ‘Forward with the nation’ also faced notable challenges in terms of limited party financing compared to other parties, accusing both the AP and DQP of defecting to Gasim’s coalition simply to secure an increased campaign budget.

“They went to the person who has money, while we are concerned with running an effective campaign,” he added.

Shareef said this year’s election was very much a “money game” that had affected the wider campaign atmosphere in the country, notably in how individual candidates were being portrayed in the media.

He expressed particular concern at the role the country’s media – often owned and controlled by political parties and business men – played in the electoral process.

Shareef argued that with media in the Maldives controlled by just a few powerful figures, it was difficult in the country’s fledgling democracy to effectively explain a candidate’s individual stand to the “ordinary public” and therefore allow them to make an informed decision and hold public figures to account.

On the campaign trail

A source in President Waheed’s campaign team told Minivan News that the defection of the AP and DQP from the ‘Forward with the nation’ coalition had required little change to the coalition’s campaign strategy, and that the party’s internal polling data suggested this had had a negligible impact on the coalition’s election chances.

The source said the departure of the AP in particular had actually increased the party’s support among the under 35 demographic.

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Yameen pledges to halve president’s salary, slash wages for political appointees

Progressive Party of the Maldives (PPM) presidential candidate Abdulla Yameen has pledged to halve the presidential salary and slash the wages of political appointees by 30-50 percent, should he be elected in September.

Yameen also pledged to cut the salaries of independent institutions – which include the Human Rights Commission of the Maldives (HRCM) and the Political Integrity Commission (PIC) – a step he described as pivotal for the country to avoid a sovereign default.

The MP also vowed to work towards reducing the salary and allowances of parliament members. At the same time, he pledged to increase the wages of civil servants.

The PPM presidential candidate also emphasised the need for youth employment, promising 90,000 new jobs for young people across the Maldives by the end of his five year term.

The numbers

The Maldives has one of the highest percentages of government employees to population of any country in the world, at around 11 percent.

Salaries and allowances have also rocketed up, unmatched by government revenue. Much of this growth occurred in the two years leading up to the 2008 election and the introduction of multi-party democracy.

An internal World Bank report leaked in 2010 showed that Increases to the salaries and allowances of government employees between 2006 and 2008 reached 66 percent, “by far the highest increase in compensation over a three year period to government employees of any country in the world.”

With the introduction of the new Constitution and its requirement for an assortment of independent institutions to oversee various aspects of government, the share of the wage bill to revenue soared to “an astronomical 89 percent.”

The President of the Maldives receives a base salary of MVR100,000 (US$6500) per month. During his government’s attempts to reduce civil servant spending on the urging of the International Monetary Fund (IMF), former President Mohamed Nasheed took a voluntary pay cut of 20 percent.

Despite this, the government’s attempt to impose austerity measures was blocked by the Civil Services Commission, leading to a series of scuffles between the Finance Ministry and the CSC.

The opposition at the time, now in power following Nasheed’s controversial resignation in 2012, contested Nasheed’s expenditure on 244 political appointees – a figure partly the result of the government’s early efforts to consolidate state employees under government-owned companies outside the purview of the CSC.

Figures released by the Ministry of Finance and Treasury showed that these 244 appointees were being paid MVR 99 million (US$6.4 million) a year, however Nasheed’s administration contested that this constituted just two percent of the state’s 2011 wage bill, comparing it to the 39 percent that went to the civil service, 24 percent to uniformed bodies, 17 percent to local councils, 10 percent to independent institutions, 5 percent to the judiciary, and 2 percent to parliament.

In comparison, President Waheed’s government during 2012 spent MVR 60 million (US$3.9 million) on 136 appointees, according to figures procured by Sun Online.

At the time, the monthly spend included 19 Minister-level posts at MVR 57,500 (US$3730), 42 State Ministers (MVR 40,000-45,000, US$2600-2900), 58 Deputy Ministers (MVR 35,000, US$2250), five Deputy Under-Secretaries (MVR 30,000, US$1950) and 10 advisors to ministers (MVR 25,000, US$1620).

Overall public expenditure in 2012 increased 12 percent on the previous year.  This was in large part due to measures such as the intensified recruitment and promotion of a third of the police force, and repayment of civil servant salaries cut during the Nasheed era.

The Maldives Monetary Authority (MMA) noted that while total expenditure for the year was three percent lower than 2011, this was only due to the government’s failure to pay a large number of bills. Total public debt at the end of 2012 was 72 percent on GDP, the MMA stated.

Meanwhile, the government’s wage bill was in May projected to increase by 37 percent in 2013 as a result of hiring more employees, notably 864 new staff for the police and military – an increase of almost 20 percent.

In its professional opinion on the budget submitted to parliament, the Auditor General’s Office also observed that compared to 2012, the number of state employees was set to rise from 32,868 to 40,333 – resulting in MVR 1.3 billion (US$84.3 million) of additional expenditure in 2013.

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