Tag: minivan

Criminal court grants police warrant to obtain IP address of Minivan News commentator accused of “violating Islamic principles”

The Criminal Court has granted a warrant for police to obtain the email and IP address of a Minivan News commentator accused of “violating Islamic principles”.

In a letter signed by Police Inspector Moosa Ali, Head of Fraud and Financial Crime, states that a case was filed at police regarding the commentator’s use of the identity ‘Maai Allah’, and requests Minivan News provide the email and IP address for the investigation.

The letter also asks Minivan News to remove the comment, located on a story dated November 28 titled: ‘Government “cynically used xenophobia, nationalism and religious extremism” to attack foreign investor: former President’.

“As you know, the Maldives is a 100 percent Muslim nation and as no human being has been empowered to take for himself the almighty status using the name of Allah, and as this is insulting to the noble name of Holy Allah and undermines noble Islamic principles or tenets, we require information of the person who made this comment for our investigation,’’ the letter stated.

‘Maai’ is the Dhivehi word for ‘holy’.

The accompanying court warrant was signed by the Chief Judge of the Criminal Court Abdulla Mohamed, and issued in connection with a case filed by the Cyber Policing Department of the Maldives Police Service.

Minivan News understands that this the first time police have requested the details of an internet commentator in connection with a case filed on religious grounds.

As a Maldives-registered media outlet Minivan News has complied with the warrant and removed the comment as obliged under Maldivian law. The particular IP address requested by police is registered in a foreign country.

Police informed Minivan News that the case was filed by religious NGO Jamiyyathul Salaf.

The serving of the court warrant follows a statement released by religious Adhaalath Party on December 3 stating that “approving and publishing such comments is a failure to properly fulfill the responsibilities of journalism”, and “calling on the person who wrote the comment and who published it to repent and reform [themselves].”

“A person has commented on Minivan News, a newspaper published online in the country, claiming to be Allah. This is something that involves a serious wrong in it. The reason is because the phrase ‘Allah’ refers to the name of Creator Allah, whom Muslims pray to, seek strength from and whom people find peace in their hearts by praising. Therefore, no human can say I am ‘Maai Allah’ [Holy God]. [They should] instead say ‘Abdullah’ or ‘slave of Allah’,” the party explained.

“If the intention of the person who wrote the comment was to characterise himself as a Khaleefa [steward] of God, that too is a serious wrong. The reason is because all things were created by Allah. And all things are possessed by Allah. Nothing escapes the knowing or possession of the deity. Therefore, only Allah would know whom he would appoint a steward on this earth. A person cannot claim on his own that he is the ‘steward of Allah’.”

“As such problems are a recurring one in the aforementioned newspaper, we urge the relevant authorities to investigate this and take action,” the party urged.

A media monitoring report by Transparency Maldives published in December 2011 found that Minian News’ coverage of the Adhaalath Party was 100 percent positive.

Editor of Minivan News JJ Robinson said:

“Whistle-blowers entering a source relationship with a journalist for a story in the public interest are entitled to legal protection from identification under the Maldivian Constitution. However without a prior journalist-source agreement commentators have no such protection, and need to be aware that under Maldivian law news websites registered in the country cannot guarantee the publication of comments, or anonymity.”
“A platform such as Minivan News  is no more accountable for the opinions and statements of its readers than an internet service provider (ISP) is for the content viewed by its subscribers, yet under Maldivian law is obliged to remove comments where advised by relevant authorities,” Robinson said.

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GMR disputes government’s claims to international media that it had agreed to vacate airport

Indian infrastructure giant GMR has said it “categorically refutes” claims made by the government to international media today that it had agreed to vacate Ibrahim Nasir International Airport (INIA).

The government yesterday dismissed an injunction on GMR’s seven day eviction notice granted by the High Court of Singapore, and vowed that the airport would be run by the state-owned Maldives Airport Company Limited (MACL) by December 7.

A Finance Ministry official said on condition of anonymity that GMR had agreed to vacate following “informal communication.”

“It’s unofficial. They are even selling off their items at a cheaper price. They have given 40-60 percent discounts. They are selling off whatever they can sell off from here including iron bars, concrete, and cement. So I think there won’t be any confrontation or any such nature. All the department heads and senior staff will start working for the Maldives Airports Company Limited MACL from December 7,” the official claimed. “Even though they maintain in public they are not going to vacate, they are going to vacate.”

President’s Office Spokesperson Masood Imad meanwhile told reporters that “Whatever the financial implications on their investments, we have already filed a case in Singapore court for arbitration. We will pay the compensation, what we have to pay.”

However CEO of GMR Male International Airport Limited (GMIAL), Andrew Harrison, said that while GMR had met with a delegation from the government at 11:45am this morning, “we did not agree nor state our willingness to hand over Male’ airport.”

Harrison told Minivan News that he had been advised by a Maldives National Defence Force (MNDF) Colonel at 11:03am that Defence Minister and Acting Transport Minister Mohamed Nazim wished to meet him personally.

“The meeting was attended by the Acting Transport Minister, the Chairman of the Maldives Civil Aviation Authority, our lawyer in the Maldives and three members of the MNDF,” Harrison said, in an emailed account of the meeting.

“The meeting was cordial and the Acting Transport Minister outlined the following: that MACL would be operating the airport from Saturday morning in line with the Government of Maldives communication to GMR-MAHB; that the Minister would like a smooth transition as the airport operations should not be affected or suffer in any way; that passengers should not be inconvenienced and therefore all activities including Duty Free would be allowed to continue as is.”

According to Harrison, Nazim informed GMR that “According to their legal advisors the injunction issued by Singapore High Court does not prevent them from taking over the airport and the injunction cannot be applied to a sovereign state.”

Nazim had furthermore proposed offering “100 percent employment in MACL to all staff currently working for GMIAL and an announcement to that effect made tomorrow by the MACL Board .The offer includes both local and foreign staff at their existing terms and conditions including salary,” Harrison stated.

“Our position, which I communicated to them, remains crystal clear. The Singapore High Court has issued an injunction which clearly prevents MACL or the Government of Maldives or any of its agents from taking any action that interferes with GMIAL operating the airport. The injunction clearly prevents them from taking the action outlined in their notice issued to us stating that the airport would be taken over at the end of the seven day period. We remain resolute in our position and there is no question of an offer being made and certainly no question of any alleged offer being accepted as we will simply not agree to our rights nor the injunction being undermined in any way.”

GMR’s lawyer had advised that the injunction was to be was to be honoured “as their representatives and the Attorney General [Azima Shukoor] were party to those proceedings and were present during the proceedings in the Singapore High Court.”

“Further to this we have issued a communication to their lawyers to confirm that their client (MACL/GoM) will not ignore the injunction and outlining the consequences as well as the disturbing media reports that they will ignore the injunction and take over the airport as planned,” Harrison stated.

Nazim had explained that “as he was not a legal person” he would arrange for a legal team to meet GMR’s representatives tomorrow, and pledged to “maintain dialogue”, Harrison said.

“We will always maintain dialogue but our legal position is very clear and we will not compromise on our legal position which is clearly supported by the injunction.”

Moreover, “any version of the meeting being described any differently to my response is categorically untrue and we maintain that we have been granted the right to continue operating the airport in line with the injunction. There is and has never been any change in our position.”

Harrison added that Nazim had also said that “no force used to take over the airport” and that “media reports that the MNDF would take over the airport are untrue.”

Claims that the company was discounting were true – “in the duty free shop”.

“We have a 40 percent sale in duty free because we are trying to minimise our stock holding,” said Harrison. “It is delighting passengers. But I can categorically state we have no intention of going anywhere.”

Indian industry groups back GMR

The 400,000-member Associated Chambers of Commerce and Industry of India (ASSOCHAM) has meanwhile issued a statement today in support of GMR, warning that “the attitude of Male’ Government, despite the rulings of Singapore High Court, will shake the confidence of the investors and will jeopardise the spirit behind the cooperation of the SAARC nations.”

The industry group appealed to the government to respecting the Singapore judgement, and said it “conveys its displeasure against any unilateral termination of economic agreements, that will be determent to the growth of the nations and might even sow seeds of suspicion amongst the potential investors in all times to come.”

A second industry group, the Confederation of Indian Industry (CII), also issued a statement in support of GMR.

“It is extremely important for all the concerned parties to respect the sanctity of the concession agreement and abide by the provisions provided therein to resolve any dispute within the stipulated legal framework”, said the CII’s Director General, Chandrajit Banerjee.

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No official response from PIC over bystander’s death, authorities “elusive and slow”, says widow

Leaked CCTV footage which has thrown into dispute an official police account of 43 year-old Abdulla Gasim Ibrahim’s death in a motorcycle accident on August 17 has been making rapid rounds on social media.

The family of the victim in September raised the matter with the Police Integrity Commission (PIC), stating: “the ‘accident’ occurred due to a policeman standing in front of Hilaaleege using his baton to hit the head of the driver on a motorcycle which had two people fleeing after stealing, which caused the motorcycle to lose control and drive into Abdulla Gasim Ibrahim’s motorcycle.”

Ibrahim’s widow Naseema Khaleel told Minivan News on Monday that she had received no official response from the PIC to her letter.

“I call the PIC now and then and ask about it. They first said they’ve asked the police for the relevant footage, then later said they had received it. The standard answer since then has been that they are looking into the matter,” Khaleel said.

“The police call every now and then. They called a few days back to ask for the motorcycle registration and bills. They too say they are investigating the case. I do want to take the matter to court. Right now I’m waiting to see if we get a response from PIC,” Khaleel explained. “What else can we do?”

Khaleel stays home taking care of the couple’s two children, and said she has faced much hardship following her husband’s death.

“No state bodies or anyone else have extended any sort of support. My brothers and family help as much as they can. The younger child is seven and I, too, wish to provide for my children, for their education and school activities. But it is hard now,” she said.

Khaleel said she had approached the police after the incident, asking for assistance in taking her husband abroad for emergency medical care, but to no avail.

“I did approach the police to ask for help, but did not get any assistance from them. We had bury him in Sri Lanka in the end. I was not even given the police records, which further complicated things there. Had I gotten at least cooperation from the police, things would not have been as difficult as they were,” she said.

Khaleel said that although the Aasandha health insurance scheme helped with the medical costs, the graveness of the situation called for her and other close family members to travel with Ibrahim. She said the family had not received any assistance even in this instance.

“I am not trying to blame the police or any other persons involved. But even the police have said that Gasim had no fault in this, that he was just an innocent bystander. Then someone needs to take responsibility,” Khaleel said.

“I don’t know what else we can do. They are elusive and very slow, which is why we keep calling back. All I want is justice,” Khaleel told Minivan News.

Investigation almost concluded: PIC

PIC Director General Fathimath Sarira confirmed the PIC had received the letter, and that the investigation was now nearing the point of conclusion.

She also confirmed that the PIC had previously received the leaked footage and that it was part of the ongoing investigation.

Article 41(c) of the Police Act states that Maldives Police Service should inform the PIC upon the occurrence of death or infliction of grave bodily injury to a person due to the use of force by a police officer.

Asked if police had in accordance with the above article notified PIC of the incident, Sarira replied, “Police has notified the commission about the accident over a phone call. Although, when we first heard of the case, it was only said that a speeding motorcycle had collided with a parked one and led to a death. But then later, we got the footage too.”

Asked for clarification on what actions the commission would take if police were found to have failed to notify the commission as required, Sarira responded that police usually did keep the PIC informed and that she could not recall any recent incidents to refer back to.

“We will be concluding this investigation very soon and can then provide more details,” she said.

Meanwhile, Vice President of the Human Rights Commission of the Maldives (HRCM) Ahmed Tholal stated that they had only become aware of the incident after the leaked video went viral on social media.

“We have today started discussions on the matter in the commission meeting. Only after the commission members conclude discussions can we provide details on how we will proceed to act on this matter,” he said.

“Police Commissioner Riyaz must take responsibility”

Former President Mohamed Nasheed and the Maldivian Democratic Party (MDP) have meanwhile released statements condemning the cover-up of the incident, and calling for Police Commissioner Abdulla Riyaz to take responsibility for the incident.

“I am shocked and appalled by the leaked video, which appears to show a policeman hitting a motorcyclist in the head with a baton, which led to the death of an innocent bystander,” said Nasheed.

“Under [President Mohamed] Waheed’s administration, we are seeing a return to the thuggish brutality of Maldives’ authoritarian past. I implore the international community to pressure the Waheed government to immediately and impartially investigate this case, to bring human rights abusers in the security forces to book, to cease its harassment of opposition members, and hold early elections so democracy can be restored.”

Warning: some viewers may find the following footage disturbing.

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Government continues bid to seize airport despite injunction from High Court of Singapore

Additional reporting by Mohamed Naahee

The Maldivian government has dismissed an injunction granted to GMR by the High Court of Singapore, and vowed that the airport will be run by the state-owned Maldives Airport Company Limited (MACL) by the coming Saturday (December 7).

The Singaporean High Court on Monday morning issued an injunction against cabinet’s decision the previous Tuesday to void the concession agreement for the US$511 million project, and issue the developer a seven day eviction notice.

Under the injunction, “Both MACL and the Ministry of Finance and Treasury, pursuant to the notice issued on 27th Nov 2012 either directly or indirectly, are not allowed to interfere with the rights of the Investor (GMR-MAHB consortium) under the concession agreement,” GMR said in a statement today.

The injunction prompted President Mohamed Waheed’s Special Advisor Dr Hassan Saeed, Defense and acting Transport Minister Mohamed Nazim and Home Minister Dr Mohamed Jameel to call a press conference on Monday shortly after midday.

“The government believes that the injunction issued by the Singapore court can be legally contested in a higher court. The government has decided to appeal the injunction as we believe the injunction lacks any grounds to stop the takeover,” said Hassan Saeed.

“I believe that the Singapore court interpreted the law wrong. We cannot wait for a hearing of the appeal. What I am saying is there is no damage to GMR but we face damages by not terminating the agreement,” Saeed said.

“The injunction did not overrule the government’s grounds that the contract was void from the beginning. Neither did it rule against the government’s grounds that the contract was frustrated. As you would know the Civil Court ruling over the ADC made the contract impossible to act upon,” said Saeed, referring to the airport development charge which his own Dhivehi Qaumee Party (DQP) successfully disputed in court while in opposition.

“This is a sovereign country. We have given them a sovereign guarantee. That means the government will compensate for their damages. An injunction cannot be issued like this to a sovereign state,” he continued.

Defense Minister Nazim meanwhile pledged the government would “continue the airport takeover and Insha Allah from next Saturday onwards MACL will be running the airport.”

“The government remains firm and committed towards implementing its decision to terminate the agreement. We will not reconsider it,” he said.

Following the government’s decision to declare the contract void last week, the Immigration Department announced it was halting the renewal of work permits for foreign nationals associated with the project, immediately affecting 17 of the airport’s 140 foreign staff.

The Civil Aviation Authority (CAA) meanwhile informed GMR that it would withdraw the operator’s aerodrome certificate at 23:59 on December 7.

GMR’s Head of Corporate Communications Arun Bhaghat reiterated to Minivan News that the company had no intention of leaving.

“It is not our intention to leave. We hope the government will act according to the law and respect the legal formalities,” he said.

Spokesperson for the International Air Transport Authority (IATA), Albert Tjoeng,  told Minivan News that it was the organisation’s understanding that the airport owner “remains unchanged – it is still the Maldives government.  What is changing is the operator of the airport.”

“The priority is to ensure uninterrupted operations at the airport, with no degradation in safety, efficiency and quality of service,” Tjoeng said.

“It is the responsibility of the civil aviation authority to regulate safety at the airport.  While this is a commercial matter between the government and the airport operator, it should not lead to cost increases for airlines operating to the airport.”

Lawyer acting for GMR, Fayyaz Ismail of Aequitas Legal Consultants (ALC), told Minivan News that if the government failed to comply with the injunction, “the Maldives will no longer be respected as upholding its obligations under international law, which will be very detrimental to future foreign investment. Hopefully they will be reasonable.”

Former President Mohamed Nasheed, under whose administration the contract was signed, declared that “President Waheed cannot ignore international law at his whim and fancy. Rules are rules and they must be respected.”

Lenders write to MACL

Axis Bank, one of the main lenders to the airport development project, has meanwhile sent a letter to MACL dated November 28 in which it reminded the government that the Finance Ministry was the guarantor of the direct agreement “in which the guarantor has undertaken and irrevocably guaranteed to pay any sums due… as a separate and independent obligation notwithstanding any termination of the concession agreement by the grantor or the project company for any reason whatsoever.”

“As a sovereign undertaking by the Republic of Maldives, we are sure that the Ministry of Finance and Treasury shall honour the aforesaid guarantee to repay the Finance Parties, notwithstanding the grounds on which the Ministry has declared he Concession Agreement as void, which has the consequences of terminating the Concession Agreement,” the bank wrote.

“We fear that the taking over of the airport without setting the dues of the Finance Parties shall be detrimental to the interests of the Finance Parties and shall go against the spirit of foreign investment in developmental projects of the Republic of Maldives.”

India considers withdrawing aid, withdraws representative

Indian media has meanwhile reported that the Indian government is considering freezing aid to the economically-crippled archipelago, notably a US$25 million loan necessary for the payment of civil servant salaries and the construction of a police academy.

“We are not happy with the way Maldives cancelled the GMR airport deal. This has surely left an impact on our bilateral ties,” a foreign ministry official told AFP. “A decision whether the money should be given or not will be taken soon.”

However the Indian High Commission told newspaper Haveeru that the suggestion was “unofficial” and that such a decision would not be “unilateral”.

Indian media also reported that High Commissioner D M Mulay had been appointed Indian Consul General in New York, and is to be replaced by Rajiv Shahare.

President’s Office Spokesperson Abbas Adil Riza had described Mulay as a “traitor and enemy of the Maldives and the Maldivian people” during a rally on November 9 calling for the government to “reclaim” Ibrahim Nasir International Airport (INIA) from GMR.

The remarks were widely reported by Indian media, sparking a diplomatic row and forcing the President’s Office to issue a statement distancing itself from the comments.

However Riza subsequently stood by his comments spoke at a second rally, characterising the Indian media coverage of his remarks as a “success” and urging participants to persevere “until GMR leaves this country.”

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Police covered-up involvement in death of bystander, suggests leaked CCTV footage

Leaked CCTV footage has thrown into dispute an official police account of 43 year-old Abdulla Gasim Ibrahim’s death in a motorcycle accident on August 17.

Reporting the accident at the time, newspaper Haveeru stated that that according to police, two individuals on a motorbike had stolen a mobile phone from a foreigner on Majeedhee Magu and sped away on a motorcycle. Police had then ordered them to stop, but the two men had ignored the orders and fled from the scene at high speed.

Police said the speeding motorcycle hit the 43 year-old who was sitting on a parked motorcycle in front of the Justice Building, who was subsequently transferred to hospital with head injuries. The other two men were taken into police custody and charged with theft and speeding to avoid arrest, and the stolen phone was retrieved and returned to its rightful owner.

At the time of the accident, police told local media the accident had occurred due to the speeding motorcycle’s collision with Ibrahim’s motorcycle. They had made no mention of any police involvement in the collision aside from ordering the motorcycle to stop.

However, footage leaked on social media – which appears to be from a camera on the wall of the Presidential residence of Hileaage – shows a police officer stepping in front of the speeding motorcycle and appearing to hit the driver on the head with a baton as he rides past.

The driver loses control and collides with Ibrahim sitting on his motorcycle just in front of the Justice Building entry, causing both to fly off their vehicles. The police officer retrieves an object from the ground and wanders away, as other police and a military officer rush to the scene.

Ibrahim’s widow Naseema Khaleel at the time of the collision shared details of his condition with the media: “Doctor says he is 99 percent braindead. He has been kept on the ventilator from day one. The doctor said they’ll turn off the machine at 7:00pm tonight.”

Ibrahim was taken off the ventilator and died on August 20.

Letter to PIC

In a letter to the Police Integrity Commission (PIC) dated September 24 and obtained by Minivan News, Ibrahim’s wife expresses regret that police failed to reveal details of the incident.

“The ‘accident’ occurred due to a policeman standing in front of Hilaaleege using his baton to hit the head of the driver on a motorcycle which had two people fleeing after stealing, which caused the motorcycle to lose control and drive into Abdulla Gasim Ibrahim’s motorcycle,” Naseema writes.

She calls on the PIC to investigate the incident in depth and look into whether the police, either as an institution or as individuals, acted in breach of the law.

Article 41(c) of the Police Act states that Maldives Police Service should inform the PIC upon the occurrence of death or infliction of grave bodily injury to a person due to the use of force by a police officer.

Naseema refers to the Act in her letter and suggests that if the PIC had not been informed of the incident by police, it proved they were violating the law. She states that she intends to file the matter in court.

A police source told Minivan News that law enforcement officials were required to assess whether the application of force was justifiable, adding that the officer’s use of his baton on the fleeing suspect was “total negligence on his part”.

“They could have let them go and found them afterwards. They had the number plate, they could easily make out who it was, and there looks to have been plenty of eyewitnesses. What he did was totally stupid,” the source said. “There was also danger for the officer involved.”

The source said it was “very concerning” that police had not released to the public the true account of the circumstances which had led to the death of the bystander.

“There should be a thorough inquiry into police procedure and training in the proper application of force,” the source suggested.

After the footage began to circulate on social media, Police Sub-Inspector Hassan Haneef told Minivan News that police could not respond to allegations that officers were involved in Ibrahim’s death.  Haneef said it was unable to respond as the letter of complaint was addressed to the Police Integrity Commission (PIC) and not the Maldives Police Service.

“The PIC will investigate and take necessary steps if any police or the institution is found to have committed such an act. The investigation is still ongoing,” he claimed.

Warning – some viewers may find the following footage disturbing

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UN delegation to assess environment for 2013 elections

The United Nations is sending a delegation to the Maldives to conduct an electoral needs assessment ahead of the 2013 elections, and determine what UN assistance should be provided.

During the mission to the Maldives from December 3-5, UN Assistant Secretary-General for Political Affairs Oscar Fernández-Taranco “will meet with senior officials of the government and
political parties, as well as representatives of civil society, to discuss the current situation
and identify opportunities to support the country’s process of democratic consolidation,” the organisation said in a statement.

“A group of electoral experts from the Department of Political Affairs and UNDP will conduct an electoral needs assessment mission (NAM) for possible UN assistance to the country’s next elections expected for 2013,” the UN statement added.

The visit from the UN delegation follows accusations from the Maldivian Democratic Party (MDP) that the UN Resident Coordinator and Office of the High Commissioner for Human Rights had remained “shamefully silent regarding the widespread human rights violations taking place.”

While “the IPU, CMAG, Canada, the Human Rights Committee, the EU and certain international NGOs such as Amnesty International and the International Federation for Human Rights have expressed varying degrees of alarm at the Maldives’ backsliding on democracy and human rights, others including the UN Resident Coordinator and the Office of the High Commissioner for Human Rights have remained shamefully silent,” said the party’s spokesperson, MP Hamid Abdul Ghafoor, said in a recent statement.

“Since February’s overthrow of the Maldives’ democratically-elected government, key parts of the international community have remained silent regarding the widespread human rights violations taking place. To remain silent in the face of injustice is to be an accomplice to that injustice,” he added.

The UN released a subsequent statement defending its activity in the Maldives and reiterating its “strict impartiality toward political parties”.

In the statement, the UN said it “continues to be concerned that the current situation in the country may have an impact on the country’s development”, and noted examples of the international organisation’s activities in the Maldives.

“As a trusted partner, the UN has spoken repeatedly in public and in private over the course of several years and three governments on democracy, development, and human rights. Most recently, the Secretary-General spoke of the need for political dialogue, national reconciliation, and respect for the constitution. He called on all parties to exercise maximum cooperation and restraint,” the UN stated.

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Indian hackers take down MACL website as lenders, Malaysian government seek to resolve GMR crisis

Indian hackers have taken over the website of the Maldives Airports Company Limited (MACL), the government company that has ordered the GMR-Malaysia Airports Holdings Berhad (MAHB) consortium to hand over the airport by the end of next week.

The hackers, calling themselves the “Indishell Defacers Team”, replaced the MACL homepage with a black background and a pair of eyes Thursday (November 29) evening, demanding that the Maldives “stop defaming Indian Reputed Companies & learn how to run a website and secure it first.”

“If you don’t know how to secure a website, can you run an Airport securely, MACL?” the hackers added, along with a promise to “do anything for India”.

As of Saturday afternoon, the MACL website remained suspended. MACL CEO Mohamed Ibrahim declined to comment, stating only that he was in a meeting and that the company would “issue media statements from time to time”.

Following the government’s announcement last week that its contract with GMR was void and it would therefore be issuing a seven day ultimatum for the investor to leave the country, MACL claimed that local employees who applied for jobs with the state operator would “have their present basic salary, allowances and other benefits, and training and development opportunities maintained under MACL management.”

The same day, the Immigration Department announced that it would cease renewing the work permits of GMR’s 140 foreign employees, while the Civil Aviation Authority (CAA) sent GMR a letter stating that the operator’s aerodrome certificate – the regulatory authority to operate an airport – would be withdrawn at 11:59pm on December 7.

MACL has also filed a complaint with the Maldives Police Service, alleging that the contract was given to GMR in 2010 “unlawfully”.

GMR has meanwhile stated that it has no intention of leaving without exhausting the legal process and seeking due compensation – the company has stated that it has already invested between US$220-240 million of funds set out for the US$511 million airport development project.

Arbitration proceedings over the contentious airport development charge were already ongoing in Singaporean courts prior to the government’s declaration that the contract was void.

GMR is currently seeking an injunction against its eviction in the Singapore courts, with the next hearing reportedly set for Monday.

Malaysian visit

Meanwhile, Malaysian Foreign Minister Anifah Aman and MAHB Managing Director Basir Ahmed visited the Maldives on Friday to try and resolve the situation.

Aman told local media at the airport that his discussion with Maldivian Foreign Minister Dr Abdul Samad Abdulla was “fruitful”.

“As we are two friendly nations, there is no reason why this matter cannot be resolved,” Aman was reported as stating by Haveeru.

The reaction from the Indian government and industry groups has been substantially less prosaic.

The Associated Chambers of Commerce and Industry of India (ASSOCHAM), expressed “serious concern over the unilateral decision of the Maldives government” and the “violation” of the country’s concession agreement with GMR.

The chamber of commerce group urged the Indian government “to take immediate steps as may be necessary to protect the interests of GMR, its people working in Male’ as well as the Indian banks against such irrational moves.”

Lenders to GMR, including the lead underwriter Axis Bank, Indian Overseas Bank and the Indian Bank have meanwhile written to the Maldives government demanding that their interests be protected. US$368 of the US$511 million project is a loan component, most of it financed by Indian companies.

The Indian government is meanwhile reported to be reconsidering its bilateral aid assistance to the Maldives.

A succession of Indian loans have been crucial to the Maldives’ ability to pay its operating costs, including civil servant salaries.

Days prior to the government’s decision to void the GMR agreement, India had requested repayment of US$100 million in treasury bonds by February 2013.

A further US$25 million state loan from India was found to have been delayed after the Maldivian government failed to submit the requested paperwork, according to an Indian diplomatic source.

Overall Indian aid to the Maldives has totalled MVR 5 billion (US$324 million) over the last three years, according to official statistics from the Indian High Commission released in May.

In additional to credit facilities, purchase of bonds and provision of equipment and financial assistance, India provided the government substantial aid to hold the SAARC Summit in Addu Atoll last year.

In the last three years, India funded the construction of the Faculty of Tourism and Hospitality, provided US$4.5 million for the development of Indira Gandhi Memorial Hospital (IGMH), US$25 million for a police academy, US$9 million for police vehicles, US$1.5 million for a coastal management centre, US$1 million for the purchase of pharmaceuticals and sports equipment, US$5.3 million for the Institute of Information Technology, and most recently, the construction of a military hospital for the Maldives National Defence Force (MNDF).

Credit facilities of US$40 million were provided for the construction of 500 housing units, while the State Bank of India (SBI) had spent US$100 million of treasury bonds (with a further US$100 as standby credit). India also provided US$28 million for the development of human resources in the Maldives.

Moreover, a substantial amount of private lending to the resort industry development takes place through Indian banking institutions active in the country, most notably SBI, and a significant quantity of food to the import-dependent Maldives (including basics provisions such as eggs) is supplied through trade concessions with India.

India has also provided extensive military support to the Maldives, including supplying vehicles and a helicopter.

“An impact on ties is inevitable,” Indian newspaper The Hindu reported a senior Indian government source as stating, after last week’s decision by the Maldivian cabinet to evict GMR.

“For the time being, we have to consider how things stand and how to proceed,” an official source told the paper, “when asked whether India would continue assisting the Maldives in combating its financial difficulties, including paying salaries to civil servants and shoring up the surveillance and reconnaissance ability of its security forces.”

“Stability can come only after elections. All of them [political parties] are looking for some cause célèbre. GMR has unwittingly become a major political issue in the Maldives,” an official source told the paper.

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Kudafari provides free bicycles in ‘green transport’ initiative

A new environmental NGO based on Kudafari in Noonu Atoll was officially inaugurated on Thursday the former Youth Minister Hassan Latheef.

The organisation, Kaanu Green Peace, was created by a team of young volunteers in June this year, out of a desire to do something to help their local environment.

A number of environmental initiatives were launched as part of the event, the culmination of weeks of work by the committee and volunteers. Dozens of banners around the island displayed environmental and civic slogans in both English and Dhivehi, from “Be proud of my island” to “Freshwater aquifer depletion threatens water supplies”.

The island’s street lamps were switched off for the evening and all roads lined with coconut-shell lamps. A procession with bodu-beru drumming conducted the guest of honour to a new public square opened earlier in the day, in remembrance of the late mother of Ali Mauroof, one of Kaanu Green Peace’s founding patrons.

Green transport

The most eye-catching scheme launched at the event was the island’s new ‘Green Transport’ initiative. Bamboo cycle racks have been erected at 8 points around the island (more are planned), and 30 cycles donated by sponsors. Anyone can use a cycle freely at any time, taking it from one of the special racks and leaving it at another. In return, explains Sehenaz Moosa of the organising committee, it is hoped residents won’t feel a need to introduce polluting vehicles such as motorcycles to the small island of 740 people.

Another initiative launched was a grass-covered ‘green avenue’, an experimental alternative to the sand roads elsewhere, of which construction is under way. The avenue will lead to two new island resorts, among the first resorts on local islands in Maldives, including Green Village, owned by Mauroof, which aims to use eco-friendly construction techniques. Hassan Latheef ceremonially planted a tree in the avenue before inaugurating the cycle scheme by riding the first bicycle between two of the pick-up points.

Environmental award

In another initiative, a local community award was inaugurated in memory of Yusuf Kaleyfaanu (Kudafari Kaleyfaanu), Mauroof’s late father, commemorating his service to the environment and to the development of Kudafari during his 60-year rule as Katheeb or Island Chief. The first Kaleyfaanu Award was given to Mariyam Ibrahim, a founder of the Kudafari women’s committee and long-time active community volunteer.

A temporary jetty with a stage had been built, from which Latheef addressed the crowded beach. He said that environmental challenges do not exist in isolation from other policy areas such as economic, social, and educational questions. He cited recent findings of the ILO that a ‘green economy’ can out-compete a traditional economy, and said the MDP manifesto will include measures to subsidise green initiatives and create ‘green jobs’, tackling unemployment as well as environmental problems.

Local action

“Not all problems can be solved by government,” explained Sehenaz. “We believe environmental problems also call for local action.”

She expressed a hope that Kaanu Green Peace’s brand of localism would take root and that the organisation will spread and help train volunteers on other islands.

Though officially launched yesterday, Kaanu Green Peace already has some ongoing projects, notably the setting up of dustbins in the streets in an attempt to get a grip on the problem of waste management that plagues Kudafari as it does the rest of Maldives. They hope to get a crusher with which to compact metals for resale and plastics to send away for recycling or disposal.

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Immigration halts work permits to GMR, aviation authority to revoke aerodrome certificate

Additional reporting by Mariyath Mohamed.

The Department of Immigration has declared that it will cease renewing the visas of foreign employees working under GMR Male International Airport Limited (GMIAL), the Indian infrastructure giant’s side of the deal to manage and operate Ibrahim Nasir International Airport (INIA) signed with the former government.

“We have stopped issuing visas to GMR for the time being. This was decided since the cabinet has terminated the contract, and GMR has been given a seven day ultimatum to leave. If we went on processing visa requests, it would just be pointless work,” Deputy Chief Executive Officer of Immigration, Mohamed Khalid told Minivan News.

“We are just going along with the decisions made from the top, the President’s Office,” he said.

The Maldivian cabinet declared the agreement with GMR void on Tuesday evening, and gave the company a seven day ultimatum to leave the country.

“The government has given a seven day notice to GMR to leave the airport. The agreement states that GMR should be given a 30 day notice but the government believes that since the contract is void, it need not be followed,” said Attorney General (AG) Azima Shukoor at the time.

Deputy Controller of Immigration Hamid Fathuhullah told Minivan News that immigration had not yet made any decisions on how to proceed on dealing with the visas and permits obtained by GMR that were still active after the government’s seven day ultimatum.

However, Fathuhulla added that they would be making provisions in accordance with existing regulations to allow ample time for the employees to make arrangements to leave.

“Right now, we are not going to provide visas, quotas or work permits to any company associated with GMR. This is in line with the Immigration Act 1/2007 and International Law,” Fathuhulla stated.

President’s Office Spokesperson Masood Imad declined to comment on the matter.

“It is not part of our mandate to cancel visas, deport or arrest people. The President’s Office will do no such thing. The immigration department will decide this issue,” Imad said.

CEO of GMIAL, Andrew Harrison, said the company had received no communication or memo from the immigration department, as stated in several media reports, and had contacted the immigration to try and clarify the matter.

Of the company’s total 1760 staff, 140 are foreign employees on work permits, Harrison said.  He stressed 17 of there work permits were due to be renewed before the end of December.

“Our people are committed. They will stay and work until otherwise notified,” Harrison said.

He said it would be “premature” to discuss the implications of the Immigration Department’s announcement, given that GMR disputes the legality of the government’s termination of its contract, and that there was “still work to be done before statements are made”.

However, he said it was surprising that the notice was issued to the media before any discussion with the company.

“I don’t know why they are doing it this way,” Harrison said. “People are asking us about this, but we have no information apart from the conflicting reports in the media.”

“One report says the visas are being cancelled, another says they have not been cancelled, just the renewals,” said Harrison.

Minister of State for Home Affairs Mohamed Fayaz stated Thursday that the foreign employees of GMR would be “given protection” until they could arrange to leave the country.

Fayaz said that the ministry had extended an invitation to the management of GMR for a meeting following the termination of the contract.

Accepting the invitation, Harrison and Managing Director P Sripathi had met with the ministry representatives, he said.

“At the meeting, we requested that in these seven days, they proceed in a manner which would not disrupt any of the services being provided at the airport. We also assured them that they would remain safe and secure during their time in the country,” Fayaz said.

“We also told them that should they require it, we can provide security services through the police force,” he added.

The government-owned Maldives Airports Company Limited (MACL) has meanwhile issued a circular “opening opportunities for GMIAL staff who are keen to join the MACL team.”

In a statement, the company said it provided “assurance to employees that their present basic salary, allowances and other benefits, and training and development opportunities will be maintained under MACL management. MACL also guarantees that the employees currently sponsored by GMIAL will have the same opportunity to continue and complete their courses.”

CAA withdrawing aerodrome certificate

The Civil Aviation Authority (CAA) has meanwhile sent GMIAL a letter informing the company its aerodrome certificate will be withdrawn at 11:59 pm on December 7.

“That is the regulatory authority that permits us to operate an airport,” explained Harrison, “We cannot operate an airport without the certificate.”

Harrison emphasised that the withdrawal of the certificate did not mean the end of the company’s effort to seek legal redress.

“Reckless”

The government’s decision to declare GMR’s concession agreement void and evict the developer from the Maldives comes after a tough year for tourism, the sector indirectly responsible for up to 70 percent of the country’s economy. According to the 2013 budget presented to parliament on November 27 – the same day as cabinet announced GMR’s eviction – tourism growth in the Maldives has fallen from 15.8 percent in 2010 and 9.1 percent in 2011, to an expected 0.7 percent in 2012.

In a statement today, former President Mohamed Nasheed, under whose administration the GMR contract was signed, said the government’s “reckless decision to terminate GMR’s contract will scare off investors”, with “serious ramifications for the economy, at a time when we can ill-afford to see it falter.”

“Right across the board we are witnessing positive trends being dangerously reversed. Growth in tourism – the bedrock of our economy – has flat-lined; our GDP, which was 7 per cent last year, is projected to be just 3.4 per cent this year; and our deficit, which we had brought under control at the start of the year, is now ballooning at an alarming rate,” Nasheed said.

“If this continues, we risk setting back every aspect of our development. It is not those in government but the Maldivian people who stand to lose most from President Waheed’s economic mismanagement.”

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