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Presidential Commission forwards Yameen’s alleged US$800 million illegal oil trade for prosecution

The presidential commission has forwarded a case for prosecution against former President Maumoon Abdul Gayoom’s half brother and MP, Abdulla Yameen, for his alleged involvement in the international illegal oil trade worth up to US$800 million whilst he was the chairman of the State Trading Organisation (STO) till 2005.

Yameen has publicly dismissed the allegations on several occasions, distancing himself from the Singapore branch of the STO where the trade to Burma took place, as well as disputing any illegality in the trade.

The allegations first appeared in February 2011 in India’s The Week magazine in a cover story by Sumon Chakrabarti, Chief National Correspondent of CNN-IBN, who described Yameen as “the kingpin” of a scheme to buy subsidised oil through STO’s branch in Singapore and sell it through a joint venture called ‘Mocom Trading’ to the Burmese military junta, at a black market premium price.

The article draws heavily on an investigation report by international accountancy firm Grant Thorton, commissioned by the Maldives government in March 2010, which obtained three hard drives containing financial information detailing transactions from 2002 to 2008. No digital data was available before 2002, and the paper trail “was hazy”.

Investigators learned that Mocom Trading was set up in February 2004 as a joint venture between STO Singapore and a Malaysian company called ‘Mocom Corporation Sdn Bhd’, with the potential lucrative deal of selling oil to Myanmar and an authorised capital of US$1 million – but instead, acted as a front to an international money laundering racket that has cost Maldives millions of dollars.

The report subsequently prompted an investigation into the alleged illegal trade by the Presidential Commission, investigative body appointed by President Mohamed Nasheed and the parliament’s National Security Committee questioned the alleged parties.

Chair of the presidential commission ‘Sarangu’ Adam Manik stated in a press conference on Tuesday that the investigation’s findings implicated Yameen and two other shareholders of STO Singapore – Former Managing Director of STO Mohamed Manik and former Managing Director of STO Singapore Ahmed Muneez.

“The three together were involved in this [illegal oil trade],” claimed Manik. “The oil trade carried out through Mocom Singapore is alleged to have involved fraud, transactions that deliberately caused losses to the company as well as a lot of illegal transactions which were against general business principles.”

Therefore, he said, the commission has requested the police and Prosecutor General’s Office (PGO) this week to file the criminal charges against the three men, and asked the Attorney General’s Office (AGO) to pursue civil compensation suits against the three. Singaporean authorities will also go forward with the prosecution cases, he added.

However, he said the authorities will make the final decision on who will be prosecuted based on the findings.

Manik pointed out that the findings reveal that Mocom did not make any sales between 2004 and 2005, while 2001, 2002 and 2003’s financial statements audit showed that the company made a total profit of only SD 51,930.

However, in 2004 alone, an unnamed shareholder of Mocom received SD 51 million as sales commission, according to Manik.

“Hence, even though the company’s [Mocom’s] sales belong to STO Singapore, it did not receive anything and kept facing losses while certain shareholders and alleged parties kept making undue financial gains,” Manik explained.

He added that while the investigation is still not over they had decided to put the alleged parties on trial as the commission believed there was enough evidence to prosecute them.

However, more evidence of fraud will likely to be exposed during the trial, Manik said.

Operation history

“The Maldives receives subsidised oil from OPEC nations, thanks to its 100 percent Sunni Muslim population. The Gayooms bought oil, saying it was for the Maldives, and sold it to Myanmar on the international black market. As Myanmar is facing international sanctions, the junta secretly sold the Burmese and ‘Maldivian’ oil to certain Asian countries, including a wannabe superpower,” alleged Chakrabarti, who is writing a book on Gayoom’s administration and the democratic movement that led to its fall.

“Sources in the Singapore Police said their investigation has confirmed ‘shipping fraud through the diversion of chartered vessels where oil cargo intended for the Maldives was sold on the black market creating a super profit for many years,’” the report added.

Referencing an unnamed Maldivian cabinet Minister, The Week stated that: “what is becoming clear is that oil tankers regularly left Singapore for the Maldives, but never arrived here.”

According to The Week, Grant Thorton’s report identifies Myanmar businessman and head of the Kanbawza Bank and Kanbawza Football Club, Aung Ko Win, as the middleman acting between the Maldivian connection and Vice-Senior General Maung Aye, the second highest-ranking member of the Burmese junta – one of the world’s most oppressive regimes, perhaps exceeded only by North Korea.

Also allegedly implicated in the Grant Thorton report are Brigader-General Lun Thi, the junta’s Minister of Energy, Aung Thaung, the Burmese Minister of industry, “and his son, Major Pye Aung, who is married to Aye’s daughter, Nander Aye.”

“Another Burmese business couple, Tun Myint Naing (aka ‘Steven Law’) and his wife, were linked to the Gayooms,” alleged The Week.

According to a 2000 report on the Golden Triangle Opium trade by Hong Kong-based regional security analysis firm, Asia Pacific Media Services, “in 1996 Steven Law was refused a visa to the USA on suspicion of involvement in narcotics trafficking”, and several companies linked to him were blacklisted because of his suspected involvement in his father’s drug empire.

His father, Lo Hsing Han, also known as Law Sit Han, is named in the report as a notorious ‘Golden Triangle’ heroin baron turned businessman, with financial ties to Singapore. He was also responsible for arranging a lavish wedding in 2006 for the daughter of Burmese dictator Than Shwe.

“Lo Hsing-han and his family set up the Asia World Company… involved in import-export business, bus transport, housing and hotel construction, a supermarket chain, and Rangoon’s port development,” APMS wrote.

According to The Week’s report, “Yameen was allegedly aided by Muneez, and by Mohamed Manik.”

The operation continued with fuel purchased by STO Singapore from companies including Shell Eastern Petroleum Pvt Ltd, Singapore Petroleum Company and Petronas, and sold mostly to the STO (for Maldivian consumption) and Myanmar, “except in 2002, when the bulk of the revenue came from Malaysia.”

The “first red flag” appeared in an audit report on the STO by KPMG, one of the four major international auditing firms which took over the STO’s audits in 2004 from Price WaterhouseCoopers.

Investigators learned that Mocom Trading was set up in February 2004 as a joint venture and had four shareholders: Kamal Bin Rashid, a Burmese national, Maldivians Fathimath Ashan and Sana Mansoor, and a Malaysian man named Raja Abdul Rashid Bin Raja Badiozaman. Badiozaman was the Chief of Intelligence for the Malaysian armed forces for seven years and a 34 year veteran of the military, prior to his retirement in 1995 at the rank of Lieutenant General.

As well as the four shareholders, former Managing Director of STO Singapore Ahmed Muneez served as director. The Week reported that Muneez informed investigators that Mocom Corportation was one of four companies with a tender to sell oil to the Burmese junta, alongside Daewoo, Petrocom Energy and Hyandai.

Under the contract, wrote The Week, “STO Singapore was to supply Mocom Trading with diesel. But since Mocom Corporation held the original contact, the company was entitled to commission of nearly 40 percent of the profits.”

That commission was to be deposited in a United Overseas Bank account in Singapore, “a US dollar account held solely by Rashid. So, the books would show that the commission was being paid to Mocom, but Rashid would pocket it.”

In a second example cited by The Week, investigators discovered that “STO Singapore and Mocom Trading duplicated sales invoices to Myanmar. The invoices showed the number of barrels delivered and the unit price. Both sets of invoices were identical, except for the price per barrel. The unit price on the STO Singapore invoices was US$5 more than the unit price of the Mocom Trading invoice. This was done to confuse auditors.”

As a result, “the sum total of all Mocom Trading invoices to Myanmar Petrochemical Enterprises was US$45,751,423, while the sum total of the invoices raised by STO Singapore was US$51,423,523 – a difference of US$5,672,100.”

Furthermore, “investigators found instances where bills of lading (indicating receipt of consignment) were unsigned by the ship’s master.

Despite his officially stepping down from the STO in 2005,  the Grant Thorton report says that debit notes in Singapore “show payments made on account of Yameen in 2007 and 2008.”

“The debit notes were created as a result of receiving funds from Mr Yameen deposited at the STO head office, which were then transferred to STO Singapore’s bank accounts. This corresponded with a document received from STO head office confirming the payments were deposited by Yameen into STO’s bank accounts via cheque.

“In conversation with Mr Muneez, this was to provide monies for the living expenses of his [Yameen’s] son and daughter, both studying in Singapore. Their living expenses were distributed by Mr Muneez,” the Grant Thorton report stated.

In a previous interview with Minivan News, Yameen confirmed that he had used the STO’s accounts to send money to his children in Singapore, “and I have all the receipts.”

He at the time described the then STO head in Singapore as “a personal friend”, and said “I always paid the STO in advance. It was a legitimate way of avoiding foreign exchange [fees]. The STO was not lending me money.”

He denied sending money following his departure from the organisation: “After I left, I did not do it. In fact I did not do it 3 to 4 years before leaving the STO. I used telegraphic transfer.”

Yameen described the wider allegations contained in The Week article as “absolute rubbish”, and denied being under investigation by the Singaporean police saying that he had friends in Singapore who would have informed him if that were the case.

The article, he said, was part of a smear campaign orchestrated by current President of the Maldives Mohamed Nasheed, a freelance writer and the dismissed Auditor General “now in London”, who he claimed had hired the audit team – “they spent two weeks in the STO in Singapore conducting an investigation.”

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Opposition meets Vice President, pledges allegiance and urges him to take control of executive

The ‘December 23 alliance’ of eight political parties and a coalition of NGOs met Vice President Dr Mohamed Waheed Hassan at his official residence, Hilaaleege, at 1:00am last night, pledging allegiance and urging him to assume control of the executive.

The meeting followed the 14th consecutive night of opposition-led protests against the government’s ongoing detention of Chief Judge of the Criminal Court, Abdulla Mohamed, after the judicial watchdog obeyed a Civil Court injunction to halt its investigation of the judge.

Last night’s protest started outside Reefside on Orchid Magu, during which protesters reportedly threw black ink at riot police.

Police pushed back the crowd around 10:15pm, dividing them up in the process, but the protest continued in the area and protesters were seen eating rice pudding. An MNBC One cameraman was reportedly hit on the head and was rushed to hospital in a police ambulance.

The steering committee of the protests then gathered for a meeting at the Dhivehi Rayithunge Party (DRP) office around 11.15pm. The meeting was attended by Progressive Party of the Maldives (PPM) Deputy Leader Umar Naseer, Dhivehi Rayyithunge Party (DRP) Deputy Leader Ahmed Mohamed, Dhivehi Qaumee Party (DQP) Secretary General Abdulla Ameen, Adhaalath Party President Sheikh Imran Abdulla, Jumhooree Party (JP) Secretary General Fuad Gasim, NGO coalition chairman Sheikh Ibrahim Didi and a representative of Dr Waheed’s Gaumee Ihthihaad Party (GIP).

The party leaders emerged from the DRP office around 12.45am and headed towards the VP’s official residence, next door to the Justice building. Opposition supporters were gathered in the area when they arrived.

Maldives National Defence Force (MNDF) officers with shields soon arrived and cordoned off the area. At 1:40am officers entered the Vice President’s residence through the back door and a few minutes later Naseer and the rest of the party leaders came out of the building.

They then headed to the Jumhooree Party (JP) office for a press conference. A team of MNBC reporters were refused entry.

According to local media, the opposition leaders asked for a meeting with the Vice President because of the government’s “destruction” of the judiciary and “the President’s declaration that he would not hold the 2013 presidential election.”

An audio clip of President Mohamed Nasheed vowing to ensure a fair judiciary before the 2013 presidential election was leaked to local media yesterday.

In the recording Nasheed is heard to say: “Freedom of expression and an independent and fair judiciary in this country – I will not go for the election after these five years without doing these two things.”

Several local media outlets reported the comment as a threat from the President not to hold elections unless the judiciary was reformed. The President’s Office yesterday said the statement was a promising to reform the judiciary before the conclusion of the President’s first term in office: “He has no intention of calling off any elections.”

After last night’s meeting in Hilaaleege, Umar Naseer said all the parties in the opposition alliance have agreed to “pledge support to the Vice President.”

Speaking to DhiTV after the meeting, Naseer said the members of the alliance decided to meet the VP to discuss the current situation.

“After these discussions we are now calling upon the nation’s security forces, on behalf of our ‘December 23 alliance’ of all the opposition parties in the country as well as the NGO coalition, to immediately pledge their allegiance to the VP,” Naseer said.

“I repeat, all members of the December 23 alliance are now calling on the security forces to immediately pledge allegiance to Vice President Dr Mohamed Waheed Hassan Manik and, as Mohamed Nasheed has violated the constitution, to not obey any of his orders and to pledge allegiance to the Vice President.”

Dr Waheed had assured the party leaders he would “take any legal responsibility he had to within the bounds of the law”, Naseer stated, and was “ready to take over the duties specified in the constitution.”

The stand of the ‘December 23 alliance’ was that President Mohamed Nasheed has “lost his legal status”, DhiTV reported.

President Mohamed Nasheed’s Press Secretary Mohamed Zuhair told Minivan News today that the Vice President “has not said anything to cause a loss of confidence in him by the government. He was very careful in his statement, which was that he would undertake his duties as stipulated in the Constitution. Had the protesters gone to meet with [Fisheries Minister] Dr Ibrahim Didi or [MDP MP] Reeko Moosa they would have said the same thing.”

The protesters claimed to represent 13 political parties and 21 NGOs, Zuhair said, “but all the rallies have seen the involvement of no more than 300-400 people. It is very disproportionate.”

“I think the protests are slowing down and now they are trying to save face – pledging allegiance to the Vice President is the same as pledging allegiance to the government. The VP is working in cabinet today – there is no rift. This is a non-story,” he maintained.

The government was not concerned about Dr Waheed’s late night meeting with opposition leaders, as letting the protesters into his house “was the polite thing to do,” Zuhair said.

He also dismissed opposition claims that there was anti-government sentiment brewing in the security forces.

“The security forces have shown themselves to be a disciplined and absolutely professional force loyal to he government. There is no cause for any concern,” Zuhair said.

Legally, President Nasheed can only be impeached with a two-thirds (51) majority in the 77 member parliament. The combined opposition parties can marshal 36 members to the MDP’s 35 – without considering the six independents – so a decision to impeach would require the unlikely cooperation of at least nine ruling party MPs.

Dr Waheed was not responding to calls at time of press. However in a blog post on January 21 regarding the government’s detention of Abdulla Mohamed, he said he was “ashamed and totally devastated by the fact that this is happening in a government in which I am the elected the Vice President.”

He subsequently gave a press conference in which he requested the Judicial Service Commission (JSC) suspend Criminal Court Judge Abdulla Mohamed from the bench while complaints against him remain outstanding, “because as you can see [keeping him on the bench during questioning] has created more disruption than we all had bargained for.”

The JSC this week told parliament that it is unable to take action against the judge after he filed an injunction in the Civil Court halting the investigation.

Aishath Velezinee, former president’s member at the JSC, argues that “if the judicial watchdog can be overruled by a judge sitting in some court somewhere, then the JSC is dysfunctional. But that’s what has been happening,” she asserted.

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Police arrest sorcerer

Police have arrested a man for practicing sorcery in Male’, and have launched an investigation.

The alleged sorcerer was arrested a 3:00am in Maafaanu, according to police.

Earlier this month a 76 year-old man was found murdered with multiple stab wounds on Kudahuvadhoo island in Dhaalu Atoll.

Ali Hassan, whom islanders alleged was a sorcerer, was found knifed at an uninhabited house around 8:00 pm on Sunday night.

The appalling murder left many islanders on Kudahuvadhoo shocked and frightened.

“Because the wounds are so inhumane, some people believe the death was caused by Fanditha [sorcery] or Jinni [evil spirits],” said one, under condition of anonymity.

Days later, local religious NGO Jamiyyathul Salaf asked the authorities to enact legislation to make sorcery or black magic illegal in the Maldives.

During a religious program broadcasted live on local radio SunFM, Salaf President Sheikh Abdullah Bin Mohamed said the Anti-Sorcery Act is required to “protect the people from evils of sorcery”, and prosecute suspected sorcerers.

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Nasheed vows “independent and fair judiciary” before end of first term, in leaked audio

An audio clip of President Mohamed Nasheed vowing to ensure a fair judiciary before the 2013 presidential election has been leaked to local media.

The audio was reportedly one of several recorded during a meeting with the Maldives National Defence Force (MNDF).

“Freedom of expression and an independent and fair judiciary in this country – I will not go for the election after these five years without doing these two things,” Nasheed is heard to say.

He added that according to Home Minister Hassan Afeef, “the entire criminal justice system of this country is being destroyed because of a single judge.”

Chief Judge of the Criminal Court Abdulla Mohamed, who was detained on January 16 by the MNDF after he sought a High Court injunction to prevent a police summons, “will not retain his place on the bench under this government even if he is released [from Girifushi].”

“I will tell the army very clearly that [Abdulla Mohamed] will not get closer than 100 meters to the courthouse,” Nasheed said.

In another leaked clip, Nasheed argues that judges were not appointed lawfully and their verdicts and judgments were therefore suspect.

Several local media outlets reported Nasheed’s comments as a threat from the President not to hold elections unless the judiciary was reformed.

President Nasheed’s Press Secretary Mohamed Zuhair was not responding to calls at time of press.

“The opposition is twisting what the President said,” responded a source in the President’s Office. “He was promising to reform the judiciary before the conclusion of his first term in office – he has no intention of calling off any elections.”

The Maldives is currently in the throes of a judicial crisis, after Chief Judge Abdulla Mohamed scuttled an investigation by the judicial watchdog into his alleged misconduct by applying for a Civil Court injunction to halt the process. The Judicial Services Commission (JSC) yesterday argued in parliament that it had no option but to obey the ruling of a body it was tasked with overseeing.

That investigation concerned politically bias comments made on DhiTV, which an unreleased JSC report states violated the judge’s Code of Conduct.

The government has presented a bevy of allegations against the judge, listing 14 cases of obstruction of police duty including withholding warrants for up to four days, ordering police to conduct unlawful investigations and disregarding decisions by higher courts, “deliberately” holding up cases involving opposition figures, barring media from corruption trials, ordering the release of suspects detained for serious crimes “without a single hearing”, and maintaining “suspicious ties” with family members of convicts sentenced for dangerous crimes.

The judge also released a murder suspect “in the name of holding ministers accountable”, who went on to kill another victim.

Earlier allegations, forwarded to former President Maumoon Abdul Gayoom in 2005 by then Attorney General Dr Hassan Saeed, included allegations of misogyny, sexual deviancy, and throwing out an assault case despite the confession of the accused.

In one instance, Dr Saeed told Gayoom, the Chief Judge made two underage victims of sexual assault act out the assault “in the presence of the perpetrator and the rest of the court.”

The judge remains in detention and the government is appealing to the international community for independent and authoritative legal assistance to resolve the impasse and reform the judiciary. Meanwhile, opposition supporters have held two weeks of nightly protests calling for the judge’s release.

No organisation has yet stepped forward, however a UN spokesperson from the Office of the High Commissioner for Human Rights over the weekend encouraged the government to “release the judge from custody or charge him with a crime.”

The matter has also been raised in the UK Parliament’s House of Commons by Conservative Party MP for Salisbury, John Glen.

“Although the judiciary is constitutionally independent, sitting judges are underqualified, often corrupt and hostile to the democratically elected regime,” Glen stated.

Leader of the House of Commons, George Young, responded that Under-Secretary of State for Foreign and Commonwealth Affairs, Alistair Burt, was “in touch with the Maldives President to see whether we can resolve the impasse. The high commission in Colombo is also engaged. We want to help the Maldives to make progress towards democratic reform in the direction that John Glen outlines.”

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‘Island President’ shows Maldives as ‘canary in the coalmine’ of climate change: Aspen Times

The Island President, an award-winning documentary about President Mohamed Nasheed’s environmental campaign at the Copenhagen Climate Summit, has been screened in Aspen Colorado ahead of its upcoming US release.

Several pre-release screenings were held in Male’ last year, to generally positive local reactions. Overseas, the film has been compared to a humanising version of Al Gore’s Academy Award-winning documentary ‘An Inconvenient Truth’, which catapulted climate change to the top of the public agenda on its release.

“An Inconvenient Truth put a lot of inconvenient, and disturbing, facts and predictions in front of viewers. But the film, which earned the Academy Award for best documentary, didn’t put much of a human face on the environmental catastrophe of which it warned,” wrote Stewart Oksenhorn for the Aspen Times. “Featuring the wooden Al Gore alongside the PowerPoint presentation of statistics and forecasts didn’t do much to humanise the issue.”

“The Maldives, a nation of low-lying islands in the Indian Ocean, could be well considered the canary in the coal mine regarding rising temperatures and waters. The Maldives is also a tiny country, and combines the lack of influence with Nasheed’s small physique and sing-songy voice, and he comes off not as a bully but as an unlikely, and easy-to-like, voice in the environmental movement.

“’He’s real,’ said Director Jon Shenk. I’n a funny way, he’s an everyday guy who says everyday things. He’s not an untouchable figure like Gandhi. He’s willing to compromise.'”

“‘He plays like he has nothing to lose,’” said Shenk. “’He’s been pushed to the edge with torture. I think of him as this guy who wakes up every day and says, ‘Well, here’s another day I wasn’t supposed to have — what am I going to do with it?’”

“'[The film] is as much about leadership and political issues,’” he said. “It’s not uncommon for people to watch ‘The Island President’ and say, ‘Wow, I wish I had a president like that.’ You dream about this guy as your next leader.”

Read more

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Civil Court injunction stops us taking action against Abdulla Mohamed: JSC

Judicial Service Commission (JSC) President Adam Mohamed has claimed the body is “impatient” to take action against the Criminal Court Chief Judge Abdullah Mohamed, and claimed that the only thing preventing the move is the Civil Court injunction filed by Abdulla Mohamed ordering the judicial watchdog not to take any action, until the court decided otherwise.

Adam Mohamed made the statements in response to questions asked at the Saturday’s meeting of parliament’s independent institutions committee where the JSC members, including opposition MP Gasim Ibrahim and Speaker of Parliament Abullah Shahid, were summoned to clarify the reason for delay in taking action against the judge.

In the committee meeting, broadcasted live, Mohamed restated that  it would be a “violation of law” to take any action against Chief Judge before the Civil Court injunction was overruled, stating that and the commission has to proceed within the legal bounds.

“If we take action against Judge Abdullah, we will be in violation of law. [Because] violating a ruling is violating the law. We are very cautious,” said Mohamed, the Supreme Court’s representative on the judicial watchdog.

“We are impatient to take action [against chief judge] within the legal bounds” he claimed, adding that the case had now been appealed in High court.

The civil court granted the injunction in November 2011 – on the judge’s request – during the 30 day period he was given to respond to the report completed by JSC in which was found guilty of violating the Judge’s Code of Conduct for making politically contentious statements on a local TV channel.

According to the JSC, a total of 11 complaints have been submitted against the judge.

While the JSC’s decision remains stalled due to the injunction, questions have been raised as to whether the civil court has the jurisdiction to rule against its own watchdog body.

Aishath Velezinee, former president’s member at the JSC, argues that “if the judicial watchdog can be overruled by a judge sitting in some court somewhere, then the JSC is dysfunctional. But that’s what has been happening,” she asserted.

While the injunction issued last November was appealed at the higher courts, JSC also cited that the commission does not consider that the civil court has authority to hear the case.

The JSC first appealed the case at Supreme Court, which instructed it to forward the matter to the high court.

The high court scheduled its first hearing on the case last Thursday, but was cancelled by the judge who decided the case cannot be heard in absence Judge Abdulla Mohamed, after the Maldives National Defence Force (MNDF) refused to produce him. He remains under MNDF custody on the training island of Girifushi.

The military arrested the judge on January 16 after he attempted to block his own police summons – subsequently all the courts , JSC, Prosecutor General Ahmed Muiz, and later Vice President Dr Mohamed Waheed called for his immediate release citing the arrest as unlawful.

President Mohamed Nasheed met with some of the JSC members at a meeting held at the president’s office on Sunday to discuss his concerns related to the judiciary, local media reported.

UN calls for judge’s release

Associated Press (AP) has meanwhile reported that the United Nations (UN) has called for the Maldives to release the judge from custody or charge him with a crime, as the  body considers a government request for help resolving a dispute with the country’s judiciary.

“While acknowledging the challenges Maldives faces in reforming and strengthening its judiciary, we believe that Judge Abdulla should either be treated with due process, meaning he should be properly charged moved from military detention, and brought before a court, or released,”  Ravina Shamdasani, a spokeswoman at the UN human rights office told AP on Saturday.

She also observed that the officials are still discussing how to respond to the request made by the Foreign Ministry last week, requesting international legal assistance.

The government has meanwhile listed 14 cases of obstruction of police duty by Judge Abdulla, including withholding warrants for up to four days, ordering police to conduct unlawful investigations and disregarding decisions by higher courts.

Afeef accused the judge of “deliberately” holding up cases involving opposition figures, and barring media from corruption trials.

Afeef said the judge also ordered the release of suspects detained for serious crimes “without a single hearing”, and maintained “suspicious ties” with family members of convicts sentenced for dangerous crimes.

The judge also released a murder suspect “in the name of holding ministers accountable”, who went on to kill another victim.

“We have been working to improve the judiciary since we came to power, but we have not succeeded,” said Foreign Minister Ahmed Naseem last week, calling for a delegation from the United Nations Human Rights Commission (OHCHR) to help resolve “an issue of national security.”

The first complaints were meanwhile filed against  Mohamed in July 2005 by the Attorney General at the time time Dr. Hassan Saeed, president of the minority opposition party, which is leading the call for judge’s release.

The allegations  included, misogyny, sexual deviancy, and throwing out an assault case despite the confession of the accused.

Meanwhile, group of lawyers have  sent a case to the International Criminal Court (ICC), appealing that the judge’s detention is an “enforced disappearance” under the ICC’s Rome Statute  – while opposition activists have  taken the fight to free the judge to the streets, as protests continue for a second week.

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Talking about a Maldives music revolution

Sounds of Identity is a series of articles that look at Maldivian musicians and performing artists. The first in the series is a profile of the pioneering music movement in the Maldives Dinba Family.

Much like the era of Hendrix, the Beatles and Bob Dylan, the Maldives is undergoing its own musical revolution and developing an underground sound of its own.

The emerging new democracy is encouraging the development of the music industry. While a malady of music critics bemoan the lack of support for local music and a lack of original productions, music enthusiasts such as ‘Dinba family’ are creating fresh sounds. Because of their efforts, talented Maldivian artists are finally emerging.

Dinba is all about hitting back at the mainstream pop covers of the Simon Cowell era.

“Forget your manufactured pop covers – you can leave them to the resorts,” says Ahmed ‘Ishaantey’ Ishaan, the creator of Dinba music group, which consists of musicians and artists working at making original music and free expression in the Maldives.

Ishaantey prides himself on nurturing a new wave of underground music, sung by independent, edgy and talented Maldivian artists. As such, the Dinba Family is a fluid collection of more than 50 music artists, composers and songwriters (Ibbe, Faya, Rappay, and others). Inspiring creative music is the core goal, says Ishaantey, the grandson of the legendary singer Jeymu Dhonkamana.

Dinba music draws on an eclectic fusion of Maldivian and different styles of music influences, while blending elements of mainstream bass, rhythm and guitar into the mix. On the first Dinba Family album, Ishaantey played all the instruments himself and having even mastered the album A Different Taste.

“We create music of all genres, Dinba Family’s philosophy is to each his music. People listen to songs they like, no one can dictate taste.” The result is an amalgam of diverse sounds, varying from album to album and even from track to track.

Dinba Family has seven albums to its name. Their album with renowned local singer Shiuz named ‘Kula Yellow’ consisted of seven tracks of different styles, ranging from a piano ballad, world music and even a reggae song. ‘Fanditha’ album, is an eclectic mix, decorated with exquisite works of art drawn by local artists, complete with an interesting track listing of English-Dhivehi. The latest ‘Rakis Bondu’ features famous local singers like Unoosha, Affan, Haifa, Shiuz and Zara.

Creative freedom

What Ishaantey has successfully created in Dinba music is a not-for-profit movement, which provides music to as wide an audience as possible. Already they are starting to permeate the Maldivian cultural conscience. Dinba songs are comprised of a very different poetry.

“This is a 100 percent Muslim country and one of the only ways people can be relaxed is through music,” says Ishaantey.

Since childhood Ishantay has been playing music, going on to create the Seachild band in early 1990 with his childhood friend, singer-songwriter Esa.

Both of them wrote music together as they grew up, but faced difficult times during the previous government’s era.

“For 30 years it has been difficult to express anything in music, back then, in the Gayoom era, they censored lyrics, or musicians would constantly self-censor themselves which stifles creativity,” says Ishaantey.

Singers would insist on knowing lyrics beforehand and be terrified of singing anything that touched upon the government or the people.

“Musicians were scared to write songs in our mother tongue, but all that has changed. Kenereege Mohamed Nasheed [then an activist now the President of the Maldives] freed the Dhivehi language for us; this government gives us freedom to write what we want. We feel that with democracy there is a big change in the country and we want to make music in our own language while we still can, but this is not easy to do,” said Ishaantey.

Sounding Maldivian

Like their music, Dinba Family lyrics touch upon diverse aspects of Maldivian life, at times indulging in whimsical play on words. Some of the songs from Dinba Family have been hailed for preserving the age-old Maldivian style of songs/poetry, ‘An’ba’; offering cultural and societal insight.

Their latest album is Rakis Bondu and it is a study in diversity. It features an ode to a beloved child Dharifulhaa by Faya and great vocal effects by Shiuz while Unoosha belts out a declaration of love tinged with self doubt in Mashah. Muad’s Tis dhathi kamana hovers between spooky and intriguing: a woman steals a second glance and follows the man around, but it is unclear if she will be a prospective lover or stalker. The title track of Rakis Bondu sung by Muad, Shiuz, Haisham and Zara talks about a certain guy saying that only hypocrites can rule this country.

“When we make music we try to move away from sounds of music we had heard, to try and create something with a Maldivian feel,” says Ishaantey.

“At times we do succeed in this endeavor and end up creating a piece that cannot be pigeonholed, as being reggae, rock or anything.” Ishaantey says songs like Rah fushu vaahaka from Kula Yellow album, Koya from Zara’s album and title track of Fanditha album along with Soadhubeyge bodu saobu, Geydhoshu Kujja from Naacharangee fall into this category.

“When this happens often a person will turn around and say it sounds like a Zero Degree Atoll song.” Ishaantey says this in itself is a big credit. “We are happy when this happens, because Zero Degree Atoll is one group that had managed to come up with unique Maldivian sounding music that sets it apart from other world music.”

New pathways

Dinba Family’s unconventional approach even extends to the music’s marketing. Dinba music is compiled on CDs that are given away freely.

Rather than signing artists, the Dinba Family prefers artists to move freely without barriers. However it is the individual artist that holds the rights to sell songs that they perform in the Dinba Family.

“Singers come to us because we give them the space to be creative. We are lucky that a singer like Unoosha who is on the cusp of an international career [she is poised to sing for a famous film production house in India] sang for us. We push her to break boundaries in her singing. We do experimental songs with our vocalists,” says Ishaantey.

Some of the artists in the ‘Family’ include Zara, the first independent female artist to release a solo album in the Maldives history. Her second album with Dinba music Naacharangee featuring songs celebrating life, with those that raise social issues and concerns in was heavily supported and promoted by Wataniya. Ishaantey says “its companies like Wataniya that enables us to produce music.”

Despite the fact that a lot of youth seems to listen to and appreciate original Dhivehi music, Ishaantey says musicians who brought out albums in the past have said it does not sell well in the Maldives. “By giving away albums like this, we hope that in time we will be able to create a demand for original music in the market.”

Ishaantey feels that despite a thriving tourism industry, which caters mostly to high-end markets, the music industry is lagging far behind.

“Clientele from five star resorts want to hear jazz and diverse music, but the pay is so little that it’s not possible to develop the local music scene and buy proper equipment to play high quality music for those gigs.”

Dinba Family is working on their eighth album now, which will be out in March this year 2012. Some of the Dinba tunes are available on You Tube and via Wataniya’s Reethi Tunes engine, and Dhiraagu mytones, an online library of music by Maldivian and other artists.

Dinba music family had recently toured in the South in Maldives for the SAARC Festival and done a show with Shaaz in India ( Delhi ). Ishaantey says the love Indians have for music is amazing: “they love, respect and value musicians regardless of nationality.”

Dinba Family wants to try and establish a link with an international recording studio and Maldivian composers. “The Internet has opened up the world, and this will be a reality in the near future. Our heavy metal bands have already achieved this. It is sad to say that original music by Maldivians is not getting enough support from the media.”

Dinba Music has recently launched a website, where people can download music and budding musicians can contact them. The Dinba family does jam sessions at various locations and establishments across Male’. Talks are underway with hotels to have live bands playing regularly, and to help new music flow in the vibrant new democracy.

As Ishaantey says: “people go to resorts to perform, and sell-out to perform covers to earn money, but they come to Dinba Family because they want to play and they want to express their talents.”

Additional research by Aishath Shazra.

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Fisheries industry at stake as activists threaten to withdraw ‘dolphin-safe’ label

The Maldives tuna industry’s dolphin-safe reputation is under threat after US-based non-profit environmental organisation, Earth Island Institute (EII), launched a campaigns with ECOCARE Maldives against a proposed dolphin lagoon.

The lagoon is an educational and recreational program proposed by famous tennis player Amir Mansoor,  involving 6-8 trained dolphins imported from the Caribbean.

EII, which issues the dolphin-safe label to 93 percent of the world’s tuna market – including 14 Maldivian companies – has said it will rescind the label from government-owned canneries should the government approve Mansoor’s program. EII claims to have already warned foreign buyers and distributors of its concerns.

Mansoor and staff accuse EII and ECOCARE of “threatening” the fishing industry, while their opponents maintain that importing dolphins will damage the Maldives’ “Always Natural” image, as well as endanger marine life. Both sides have accused the other of corrupt dealings.

Meanwhile, cannery and government officials are slowly siding with the activists, citing legal and economic reasons.

A November 3, 2011 EII press statement read, “the Maldives tuna industry has adopted a policy to ensure that no dolphins are ever killed in tuna nets.”

“That Dolphin Safe standard is respected all over the world”, Dolphin Safe program Associate Director Mark Berman told Minivan News. “If the Maldives’ government allows live dolphins to be imported into their country, the Dolphin Safe reputation of the Maldives will be jeopardised. Major tuna importing nations will not buy tuna from governments that harm dolphins.”

Senior management officials of Dolphin Lagoon Maldives claim the goal is to provide dolphins born and raised in captivity with a healthy lifestyle, while educating and entertaining the public.

“The proposed lagoon is the largest in the world for the small number of dolphins that will inhabit it,” said a source involved in establishing the lagoon, who requested anonymity. The dolphins would be “taken for a ‘walk’” on a daily basis and allowed to swim away from the group if they so desired. The choice to return to the lagoon after an excursion would be voluntary, the source stated.

The program’s website contends that people are critical to conservation – ”but they will only become engaged in helping to solve the problems if they get to understand something about the problems… through knowing the dolphins.” School programs are also in the works.

“We need something new in tourism because the Chinese don’t want to pay for bars, scuba, and safari,” said Mansoor, who said he believed opposition to the project was “motivated by jealousy”.

EII and ECOCARE meanwhile maintain that “captivity is captivity.”

Dolphin safe

A letter sent from the lagoon program to EII staff claimed, “Mr Berman is deliberately using the ‘ dolphin safe ‘ label provided by his organisation to the tuna fisheries companies in the Maldives as a tool for his campaign. Confusing the real meaning of the ‘dolphin safe’ label and trying to make people believe that dolphin safe also means that the country has no dolphin program.”

According to the EII website, the companies licensed with the dolphin-safe label must meet the following criteria:

  • No intentional chasing, netting or encirclement of dolphins during an entire tuna fishing trip;
  • No use of drift gill nets to catch tuna;
  • No accidental killing or serious injury to any dolphins during net sets;
  • No mixing of dolphin-safe and dolphin-deadly tuna in individual boat wells (for accidental kill of dolphins), or in processing or storage facilities;
  • Each trip in the Eastern Tropical Pacific Ocean (ETP) by vessels 400 gross tons and above must have an independent observer on board attesting to the compliance with points (1) through (4) above

Lagoon program officials asked EII staff, “Where is the relationship between having a dolphin lagoon, as proposed for the Maldives, and the purpose these labels are used for? Where does it say in order to have a dolphin-safe label the country can not have captive born dolphin programs? In fact, if they are related, why is the same organisation that is providing these labels to the Maldives still supporting other countries that have dolphins in captivity like Indonesia, Malaysia, Singapore, China Portugal, Spain, and most shocking of all, even companies in countries such as Japan, Peru and Brazil which kill dolphins for food?”

Mansoor claimed these and similar questions sent to EII have not been answered. Speaking to Minivan News, Berman pointed out that all companies licensed in the US, Japan and other listed countries are privately operated and “don’t support trade in dolphins.”

Berman added that EII has successfully campaigned against several dolphin programs in the US, including a dolphinarium in South Carolina and dolphin parks at Great America and Six Flags Amusement Park in Texas.

While EII licenses all Maldives’ tuna canneries, only government-owned companies – Felivaru, Koodoo and Maldives Industrial Fishing Corporation (MIFCO) – would be affected by a government decision, Berman said.

Point 12 of the EII licensing form states that a licensed fisheries’ “subsidiaries or affiliates worldwide do not participate in, or profit from, nor is the company connected to companies involved in, whaling operations, dolphin drive fisheries, live capture and or traffic of marine mammals for zoo and aquarium trade.”

The government – which is not itself a company- does not subscribe to an official dolphin-safe policy. However EII would consider its decision to reflect directly on tuna canneries’ dolphin-safe licenses.

“If the government allows the import of dolphins, these companies will violate the dolphin-safe policy,” Berman said, warning that “if I tell Thai Union tomorrow to stop buying tuna from Koodoo, they will cancel their orders.”

Who’s in charge?

The lagoon program has been shuttled around the ministries of Environment, Finance, Fisheries and Tourism, according to Fisheries Minister Ibrahim Didi. It has not yet been approved.

According to Didi, program management did not agree with Cabinet’s assessment of the program as 100 percent tourism, and “it was only by chance that I was at a meeting and found that the program concerned fisheries”.

On January 3, EII’s executive director David Phillips sent an email to Didi urging the government to reject the lagoon program.

Echoing EII’s claim that allowing imported dolphins would open the market for other projects, threatening the indigenous population and even inviting the ‘dark side’ of the dolphin trade – poachers – Didi said “some legal issues have been raised because the program violates Fisheries’ and Environment laws.”

The Maldives Ministry of Fisheries maintains good relations with EII and Mark Berman, State Minister Dr Hussein Rasheed said last week.

However, “the Maldivian government is not a client to the EII and we are considering the needs of the industry and remaining aware of the market,” he said, adding that regardless of the dolphin-safe label, no dolphin has been reported injured or killed during a Maldivian tuna fishing trip.

Rasheed claimed the government would weigh the Maldives’ economic base – tourism and fisheries – against the concept of the Maldives as ‘always natural’.

“Any decision has economic complications – approval of the lagoon program will have a cost, and disapproval will have a cost. We will not compromise the liability of our tuna industry. But then again, we have to move along and encourage innovation and entrepreneurship. This is how society progresses. We must also look at the long term impacts of a decision on our economy and our image in the world. Everything has to be fair,” he explained.

Meanwhile, government canneries are sheepishly stunned.

MIFCO’s Sales and Marketing Director Adley Ismail said the fishery took pride in its dolphin-safe status, but “don’t see the relationship between the tourism industry and our practices.”

“In a sense, we are on [Berman’s] side because we don’t want the label removed,” he said, while Koodoo Fisheries’ Managing Director Abdulla Thasleem noted that without the label the premium on canned tuna would drop.

MIFCO recently entered a joint venture with Thai company Mahachai Marine Products, however Berman said that without the dolphin-safe label it would be forced to sell its shares.

Felivaru’s Head of Production Solah Mohamed put his trust in EII. “In my opinion, a dolphin park is not a good idea – it would indirectly harm the fisherman. If EII is against it we should be too because with their power, EII can do many things,” he said.

ECOCARE Chairman Mohamed Zahir said he would encourage and “pressure” the fisheries, with which Berman met on Monday, to write letters to the government opposing the lagoon.

The origins of ‘dolphin-safe‘

In the late 1980s the world’s three largest tuna companies – Starkist, Bumblebee and Chicken of the Sea – jointly boycotted tuna caught using methods threatening to dolphins, killing off 80 percent of the market between 1988 and 1990. That year, Starkist partnered with EII to promote dolphin safety monitoring in the tuna fishing industry; in late 1990 the Maldives’ only government fishery at the time, MIFCO, signed the dolphin-safe tuna fishing pact.

EII’s dolphin-safe label, one of six such labels, has become a standard adhered to by 90 percent of the tuna fishing industry world-wide. According to Berman, countries that haven’t subscribed to the label, including Mexico and Venezuela, have virtually no market access.

For this reason, however, the World Trade Organisation (WTO) ruled in September 2011 that American dolphin-safe tuna labels are “overly restrictive” in comparison to international standards and violate free trade agreements with Mexico. The US appealed the decision on January 20, 2011.

‘Always Natural?’

Maldives’ centuries-old ‘pole and line’ fishing method is both dolphin-safe and a source of national pride. Zahir argues that Mansoor’s program would violate this tradition.

“We oppose the program because it is against our culture; it would introduce the Atlantic bottlenose dolphin which is an alien species and could transmit diseases to marine life; it doesn’t support education; and it’s contrary to the Maldives’ ‘Always Natural’ brand,” he said, noting that “it would be very easy for EII to buy an ad to display all over the world that reads ‘Always Natural?’ instead.”

The veterinarian handling the dolphins slotted for import, Thomas H. Reidarson , said the dolphins would undergo standard tests as well as extensive screening “to insure that none are capable of transmitting diseases to wild dolphins with whom they might interact.” Program management added that the tourism industry – which draws increasing numbers of speed boats, sea planes, divers and waste – is threatening the Maldives’ dolphins’ natural habitat.

Zahir dismissed the claims as “an excuse to have captive dolphins” while Berman retorted that any health certificates are “likely bought”.

“We can take this to the international media, but we don’t want to give the country a bad name”, Zahir explained, adding that “the fisherman’s union has said it would be no problem to mobilise fisherman to march in the streets of Male’ if the label is withdrawn.”

Berman warned that distributors and foreign partners of the Maldives’ government fisheries have already begun looking for new sources following conversations with EII. “It’s a premium product, and the companies are acting fast to guarantee their business interests,” he said.

Even if private canneries retain their dolphin-safe labels, Berman estimates they would be unable to meet the huge consumer demand displaced onto their operations once government canneries close their doors. “Felivaru and Koodoo have already said they would have to close without the label,” he said.

Stuck at Odds

While EII and ECOCARE are strongly opposed to the lagoon program, they have yet to have any direct dialogue.

“We don’t care who is behind it, we don’t have to go and ask why or how, we aren’t journalists who have to do a check and balance of what is right or wrong,” Zahir said. “We only respond to the government gazette.”

Correspondence obtained by Minivan News indicates that EII staff did not respond to a majority of emails from lagoon program staff, who challenged the EII’s threat. Berman explained, “our business is with the government and the fishing industry.”

“There is no common ground in a dialogue with dolphin traders. It’s like talking to an orangutan – what’s the point?” he said, adding that invitations to debate with various captive dolphin programs in the US have never received a response.

Berman and ECOCARE did attend the web launch of Dolphin Lagoon Maldives near the Tsunami Memorial on Monday night. Berman later told Minivan News that he attended the event as a “peaceful observer” but was “shoved, threatened and a bit manhandled” by protesters at the launch.

Alleging that the aggressors were “hired thugs”, Berman said the behavior was “typical of the captive dolphin industry, they resort to violence and intimidation. Our policy is if it’s too dangerous for us to work, we pull out – with the dolphin-safe label,” he added.

Mansoor, who said he did not witness the incident, was aware of an aggressive verbal exchange “but there was no physical confrontation.” He claimed the activists had been arguing their point of view with bystanders at the launch. “They came to create a scene. I gave clear instructions to my staff not to make a scene because I suspected they would want one to give us bad publicity,” he said.

According to Mansoor the Cabinet has approved his program, however he is working with the President’s Office against EII’s demands. He argued that EII’s claim about its contract “is all crap” and is being used to “threaten” the fisheries.

Correction: Previously, this article stated that dolphins would be free to leave the lagoon and are recalled from excursions by a whistle call. In fact, dolphins would be free to roam during daily excursions after which they return voluntarily.

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JSC appeals Civil Court injunction against investigation of Abdulla Mohamed

The Judicial Service Commission (JSC) has said that all complaints filed against  judges are now being investigated, after it appealed the Civil Court’s injunction preventing the commission from taking action against Criminal Court Chief Judge Abdulla Mohamed at the High Court on Tuesday.

Former President’s Member on the JSC, Aishath Velezinee, on Tuesday told Minivan News that if the judicial watchdog “can be overruled by a judge sitting in some court somewhere, then it’s dysfunctional. But that’s what has been happening.”

In a press statement issued this week, JSC – which is mandated to appoint and investigate complaints against judges – refuted allegations that it was defunct, claiming it has been “working hard” to finish investigating complaints submitted to the commission.

Out of the 336 complaints submitted so far, 208 have been completed and 38 cases under investigation, the JSC claimed, while commission is working to finish the 128 complaints remaining. Investigation committees had been set up within the commission to “expedite the process”, JSC claims, adding that complaints concerned different judges, not only Chief Judge Abdulla Mohamed.

The statement comes despite the JSC’s abolishing its complaints committee in May 2011. It did not clarify the outcome of any of the complaints it said it had investigated.

The JSC explained in the statement that the commission has been unable to pursue the case against Chief Judge as the Civil Court had ordered the JSC on November 17 to take no action against the judge until the court reached a verdict in the case filed against him.

The JSC requested the High Court to terminate the injunction citing that the commission’s decision cannot be overruled by the civil court.

Abdulla Mohamed filed the suit against the JSC after it completed a report into misconduct allegations against the cheif judge. According to the report, which the JSC has not yet publicly released, the judge violated the Judge’s Code of Conduct by making a politically biased statement in an interview he gave to private broadcaster DhiTV.

The injunction was first appealed by the JSC at the Supreme Court, which ordered it to be submitted to the High court on January 19 – three days after chief judge was detained by the military, after he had opened the court outside normal hours a night ago, to order the immmmediate release of Dr Mohamed Jameel Ahmed, deputy leader of the minority opposition Dhivehi Qaumee Party (DQP) who was arrested after President’s Office requested an investigation into “slanderous” allegations he made that the government was working under the influence of “Jews and Christian priests” to weaken Islam in the Maldives.

In this week’s statement JSC reiterates its stance that neither police or Maldives National Defence Force (MNDF) have the “constitutional authority” to detain a judge, citing that the commission reserves the right to investigate complaints about judges and submit to the parliament in case a judge has to be removed from the bench under the section 159 of the constitution and Judicial Service Commission Act.

However, the government continues to legally justify the military detention of the judge amid spiralling political tensions.

In a televised statement on MNBC One on Junary 17, Home Minister Hassan Afeef said military assistance was sought for “fear of loss of public order and safety and national security” on account of Judge Abdulla, who has “taken the entire criminal justice system in his fist”.

Afeef listed 14 cases of obstruction of police duty by Judge Abdulla, including withholding warrants for up to four days, ordering police to conduct unlawful investigations and disregarding decisions by higher courts.

Afeef accused the judge of “deliberately” holding up cases involving opposition figures, and barring media from corruption trials.

Afeef said the judge also ordered the release of suspects detained for serious crimes “without a single hearing”, and maintained “suspicious ties” with family members of convicts sentenced for dangerous crimes.

The judge also released a murder suspect “in the name of holding ministers accountable”, who went on to kill another victim.

Afeef also alleged that the judge actively undermined cases against drug trafficking suspects and had allowed them opportunity to “fabricate false evidence after hearings had concluded”.

Judge Abdulla “hijacked the whole court” by deciding that he alone could issue search warrants, Afeef continued, and has arbitrarily suspended court officers.

The chief judge “twisted and interpreted laws so they could not be enforced against certain politicians” and stood accused of “accepting bribes to release convicts.”

However, opposition continues to contend that the judge’s “abduction” by the military and its refusal to release him or present him in court, despite being ordered to do so by the Supreme Court, represents a constitutional violation by the government.

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