Exhibition gives voice to abused, neglected and abandoned children

Among the black and white images on display was a picture of a hoisted national flag, captured by a six year old boy who dreams to become a policeman. This was one picture among the 41 images showed at the photo exhibition “Me through my lens”  – which provides the first glimpse into the life of abused, neglected and abandoned children living at the state orphanage “Kudakudhinge Hiyaa” in Villigili Island.

The two-day photo exhibition open from 10:00am to 10:00pm is organised by two friends; photographer Hussain Sinan and Dr Aishath Saistha Rasheed, a paediatrician at IGMH- who have started a voluntary movement called “Voices” to help the children at the orphanage.

Speaking to Minivan News Dr Shaistha said that the photo exhibition is the “beginning of a series of events to help the children build their skills”.

According to Shaisthaa, all the basic needs of the children like food, shelter and clothing are fulfilled, but the children lacked the opportunity to harness their talents and skills.

“When we were young, our parents worked really hard to build our skills. But the children at the orphanage don’t have this opportunity. So we decided to help by starting to teach them photography,” Dr Shaisthaa said.

Under the initiative, a team of professional photographers taught the children the basics of photography. The children were then gifted disposable cameras and encouraged to take photos, out of which the best were displayed at the photo exhibition launched by President Mohamed Nasheed on Sunday night.

She noted that people often identified the children at Hiyaa as abused or victims. “But we wanted to show that is not what defines them,” she said.

“Even these children have skills. Just like any children at their age, they wish for small things that bring them joy.”

She noted that the money raised through the exhibition will be invested to run more skill-building programs involving sports, creative writing and art.

According to the other organiser Sinan, 35 out of 41 photos exhibited at the gallery had now been sold for Rf 500 each. He also added that for every donation above Rf 199, a calendar with photos of children will also be gifted.

“We didn’t get the details on the past of these children. But these pictures tell their story. They have brought up what they feel through these pictures,” Sinan said.

Dr Shaistha and Sinan urged the public to help the children at the orphanage. “There are just 55 kids at Kudakudhinge Hiyaa. I am sure we can find 55 people who are willing to help these children, to make a difference in their lives”.

The exhibition provides enough incentive for those seeking the motivation to lend a hand to the abused, neglected and abandoned children.

The exhibition will be shown at the National Art Gallery until 10pm, December 20.


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Falcon Energy consortium promises legal action against government over Gaafaru wind farm

Local newspaper Haveeru has published an interview with the purported managing director of the Falcon Energy Consortium, Steven David Jones, who told the paper the group would take legal action against the government’s termination of a US$370 million (Rf5.7 billion) memorandum of understanding (MoU) to develop a wind farm at Gaafaru, in North Male’ Atoll.

According to an email interview between Haveeru News and Jones’ Maldivian business partner, Falcon Energy claimed that it was not informed of the termination and had meanwhile invested nearly US$1 million (Rf15 million) in meteorological masts and initial readings.

The government has disputed the existence of a legally-binding contract since media reports of the termination were published in August. Maldives’ State Electric Company (STELCO)’s Managing Director Dr Mohamed Zaid had previously told Minivan News that no private partnership agreement had been signed with General Electric (GE) and Falcon Energy.

In 2010 STELCO signed a Memorandum of Understanding (MoU) on behalf of the government with Falcon Energy and GE. But according to Jones, STELCO then agreed to amend its supposed agreement with Falcon to reflect the extra cost of laying an underwater cable, a feature not previously included in the MoU.

After concerns were raised by the public over Falcon’s legitimacy, the MoU was terminated and the Gaafaru project cancelled.

Minivan News was told that reasons for the termination included a lack of consensus between the parties involved, and whether they had the requisite experience: “Falcon didn’t work out,” said one informed source, while “a lot of things were not carried out according to the memorandum of understanding,” said another. Local newspaper Haveeru meanwhile reported that there were concerns about pricing and profitability of the enterprise.

STELCO proceeded with an open tender for another project which led to the current deal with Chinese company XEMC.

Jones, however, told Haveeru that it was a “big shock” when the Maldivian government signed the deal with XEMC this August.

Minivan News could not obtain contact information for Jones at time of press, and was also unable to find any mention of an individual by that name in connection with a Falcon Energy group.

Haveeru’s Editor Moosa Latheef said the paper had solicited the interview, but did not have a phone number and was not willing to provide Jones’ email address.

Falcon Energy itself holds a scattered track record. The Group was originally presented as a consortium of four companies from the UK, Holland and Saudi Arabia. In media reports on the deal, the President’s Office said it understood that Falcon’s credentials included commissioned “onshore and offshore wind farms totaling 1,500 MW over the past 10 years, in the UK, Spain, Portugal, Ireland and Canada.”

International media and the renewable energy trade press widely reported that the Falcon Energy involved in the Gaafaru project was the Singapore-listed Falcon Energy Group, a major offshore oil and gas player. However that Falcon Energy bluntly denied any knowledge of the project when contacted by Minivan News following the collapse of the deal.

Falcon Energy earlier claimed that funding for the project would be provided by international bank loans. Yet at the time of signing the MoU, Falcon had still to raise the required investment with international banks. Research and observations from readers led Minivan News to find that the consortium had only a minimal web presence, which appear to no longer exist.

Furthermore, Falcon’s assessment of wind power in Gaafaru did not correspond with existing scientific studies on the matter.

In an article published in April 2010, Minivan News reported that figures published in a 2003 report by the US National Renewable Energy Laboratory (NREL) indicated that North Malé Atoll’s annual average wind speed was merely 4.9 m/s (17.7 km/h), while a utility-scale wind power plant requires at least 6 m/s (21.6 km/h), according to a 2005 report by the American Wind Energy Association (AWEA).

The report cautioned that a difference of just 1 km/h in wind speed could significantly bring down the productivity of a wind farm.

However, Falcon/GE project’s local leader Umar Manik told Minivan News at the time that engineering advances would enable the Gaafaru wind farm to run on a minimum wind speed of 5.7 m/s.

The utility of wind in the Maldives remains an open debate.

“Wind is an option, with other renewable energies,” said Assistant Director of Energy at the Environmental Ministry, Ahmed Ali. “The north has been found to be most productive area for wind turbines, but studies of met masts installed in the South, in Addu, are showing that it is feasible there as well.”

Meanwhile, an article published in the Telegraph critiqued the Maldives’ goal of achieving carbon neutrality via wind and solar power as expensive and difficult, particularly because the wind “scarcely blows in the islands for months on end.”

“What do you do in the eight months without enough wind?” asked President Nasheed’s Energy Advisor Mike Mason at Soneva Fushi’s Slow Life Eco Symposium earlier this year.

“What you do is put up solar. In that case, why bother to put up wind at all? With solar the sun rises every day – it is wonderfully predictable.”

Minivan News was unable to reach officials in the President’s Office, Economic Development Ministry, STELCO and any traceable affiliate of the Falcon Energy Consortium for comment at time of press.

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Finance Ministry selects Allied to provide universal health insurance

The Finance Ministry has announced that the government will partner with Allied Insurance to provide all Maldivians with universal health insurance.

The Ministry said that three companies expressed interest in the public-private partnership, but only Allied completed the letter of expression.

“Sri Lanka Insurance and Amana Takaful didn’t complete the letter of expression. So we decided to award it to Allied,” Director General of the Ministry, Saami Ageel, was reported as saying.

Under the proposal, which the government intends to implement in January next year, Allied will own a 60 percent share in the scheme while the government with own the remaining 40 percent. The actual insurance premium will be paid by the government, while claims, billing and public awareness will be handled by the private partner.

The service will cover emergency treatment, including overseas if the treatment is not available locally, inpatient and outpatient services, domestic emergency evacuation, medicine under prescription, and diagnostic and therapeutic services.

Allied Insurance in July claimed to have launched the country’s first international health coverage policy allowing individuals, families and businesses to access hospital services anywhere in the world.

Provision of the services were said to have been made available through a collaboration with London-based international banking organisation Lloyd’s and the US-based Global Assurance Group.

While regional health policies for destinations like Singapore and Sri Lanka have been available for some time in the country, Allied claimed that its premium package now allowed for coverage everywhere in the world including the US and Canada.

Allied said at the time that although it has worked to provide coverage suitable for all types of income, the international coverage have been devised for higher income earners in the country.

Meanwhile, MPs this week proposed almost a hundred amendments to the National Health Insurance Bill, including a call for it to be made compulsory for locals and expatriates alike.

The bill currently requires workers to contribute 3.5 percent of their salaries to the scheme, however an amendment proposed by MP Yusuf Abdul Gafoor would require the government to pay insurance costs for everyone in the country, out of revenue derived from taxing tobacco products.

Haveeru reported that Maldivian Democratic Party (MDP) MP Mohamed ‘Colonel’ Nasheed had proposed a 1.5 percent employee contribution, with three percent paid by the employer. Dhivehi Rayyithunge Party (DRP) MP Rozaina Adam proposed that workers pay only 0.5 percent.

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Health insurance should be free: MPs propose amendments to Bill

Parliament has proposed almost a hundred amendments to the National Health Insurance Bill, including a call for it to be made compulsory for locals and expatriates alike.

The bill currently requires workers to contribute 3.5 percent of their salaries to the scheme, however an amendment proposed by MP Yusuf Abdul Gafoor would require the government to pay insurance costs for everyone in the country, out of revenue derived from taxing tobacco products.

Haveeru reported that Maldivian Democratic Party (MDP) MP Mohamed ‘Colonel’ Nasheed had proposed a 1.5 percent employee contribution, with three percent paid by the employer. Dhivehi Rayyithunge Party (DRP) MP Rozaina Adam proposed that workers pay only 0.5 percent.

DRP MP Dr Abdulla Mausoom said the state should fund health insurance for all Maldivians through increased tax revenue, while expatriates should be charged.

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Government expresses concern over protest’s call for “slaughter and murder”

A coalition of religious NGOs and opposition parties organising a religious protest on December 23 have launched a social media campaign and website, which this morning contained a list objectives including to “fight against all un-Islamic ideas” and to “slaughter anyone against Islam”.

The website, 23December.com, was launched by the President of the Adhaalath Party Imran Abdullah and includes news updates on the protest and religious articles aimed at promoting the event.

The list of slogans published on the site initially included statements such as: “Today’s law is to slaughter anyone against Islam”, and a call to “take the life” of anyone who challenged Islam “regardless of their party affiliation”.

The calls for violence were subsequently removed from the website, but not before the government expressed “deep concern” that “some people are using religion as a tool to call for murder and violence.”

“They are calling for slaughter and murder,” said President Mohamed Nasheesd’s Press Secretary, Mohamed Zuhair, urging “relevant authorities” to take action.

The organisers of the protest have accused the government of conducting many activities “with the motive of erasing Islam from the country”, claiming that they were “left with no other choice but to protest to protect Islam.”

The coalition claims that 100,000 people will join the December 23 protest “to protect Islam”, and called on “all Maldivians to take part”.

The website includes a list of grievances concerning the government’s religious credentials.

Zuhair meanwhile rejected the accusations and said that the government had no intention of erasing Islam or introducing other religions to the Maldives.

He noted that it was Maldivian Democratic Party (MDP) that had introduced the concept of freedom of assembly to the Maldives, and that the government will always “welcome the people to gather and raise their voices on matters that concern them”.

“But I am being informed this particular demonstration has been called for political purposes with a hidden agenda to topple the government,” Zuhair said.

Police Sub-Inspector Ahmed Shiyam told Minivan News that police had received a complaint about the slogan on the website calling for murder. However, he did not comfirm whether police were investigating it.

He did not reveal whether police intended to take any special security measures during the protest.

Protest organisers said today that the slogans were uploaded “by mistake”, and insisted that the protest itself would be non-violent.

“It was a mistake on the technical teams’ side. We will take every [measure] to ensure the security during the protest and I assure that there will be no violence propagated by our side. It will be a peaceful protest,” Minivan News was informed.

Speaking to Minivan News, Former State Minister of Islamic Affairs Sheikh Mohamed Shaheem Ali Saeed said that the slogan calling for murder was “not good”, adding that “Islam is a religion of peace, not of violence”.

He acknowledged that “There are things I do not agree with when it comes to the government’s religious policies,”  however said that he believed the President Nasheed would correct matters if the public called for change.

He noted that he was not playing a lead role in organising the protest, but said he always supported peaceful assembly to voice the concerns of the people. He added that people must only speak of religion based on the Quran and Prophet’s Sunnah.

The Maldives has recently come under increasing international scrutiny following an apparent rise in religious intolerance.

Police investigating a violent attack on a ‘silent protest’ calling for religious tolerance, held at the Artificial Beach to mark Human Rights Day on December 10.

Several monuments gifted to the Maldives by other SAARC countries during the recent summit in Addu have been defaced or stolen on the grounds that they were idolatrous. Islamic Minister Dr Abdul Majeed Abdul Bari has condemned the monuments while the opposition has hailed the vandals as “national heroes”.

Protests also erupted last month after UN High Commissioner for Human Rights Navi Pillay spoke in parliament calling for the government and the judiciary to issue a moratorium and debate on flogging as a punishment for extra-marital sex.

“This practice constitutes one of the most inhumane and degrading forms of violence against women and should have no place in the legal framework of a democratic country,” Pillay said.

“The issue needs to be examined, and therefore I called for a countrywide discussion. It is much better if the issue is transparent and debated.”

Pillay also stated that requirement under the Maldivian constitution that all Maldivians be Muslim ”is discriminatory, and does not comply with international standards. I would urge a debate again on the issue to open up entrance of the constitution to all.”

The following day protesters gathered outside the UN building, carrying placards stating “Islam is not a toy”, “Ban UN” and “Flog Pillay”, and called on authorities to arrest the UN High Commissioner.

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Comment: Sun, sand and intolerance

Saturday’s attack on a group of people silently protesting against religious intolerance is just the latest in a series of orchestrated, well-choreographed acts of violence, hatred and intolerance sweeping across the nation in recent months.

Independent journalist and blogger, Ismail ‘Hilath’ Rasheed, whose personal blog was censored by the Maldivian government last month, was among those attacked, sustaining serious injuries to the head. Others who attempted to intervene also suffered minor injuries.

Ahmed Hassan, one of the protesters, said, “We planned a silent sit down protest in order to make a statement over the lack of religious freedom for minorities, especially those who aren’t Sunni Muslims.”

“We are entering the fourth year of democracy but unfortunately, many basic freedoms and rights have yet to be achieved for all Maldivians. It is unacceptable in this day and age that non-Muslim Maldivians are discriminated against in their own country,” he said. “This is their country as much as ours.”

He further added “I would like to say to those that attacked us today that violence is not a part of Islam. Islam is a religion of love, peace and shura (consultation). The unprovoked attack is clearly an act of intimidation. We realize that as our movement grows, we could face many more such attacks, but we will not be backing out. We will not be intimidated into silence.”

Local writer and blogger, Aminath Sulthona, who was also among the protesters said, “These are not people worthy of being termed ‘religious’, but they are misguided thugs spreading terror and violence in the name of religion.”

Sulthona complained that the police at the scene failed to carry out their duties. “I was being openly threatened and verbally abused in the presence of a police officer who paid no heed to the man… I managed to take pictures of the attackers, but as soon as I got home I started receiving calls saying I would be attacked on the streets if the pictures were leaked.”

The injured protester, Hilath, has also previously faced death-threats over his vocal criticism of Islamic radicalism on his personal blog.

Million-Man March of bigotry

As the rest of the world celebrates the International Human Rights day to commemorate the adoption of the UDHR, a network of NGOs in the Maldives and seven political parties are preparing to conduct a large protest on December 23 – with organisers vowing to assemble a rather ambitious 100,000 protesters, including mothers and their newborns, in order to ‘protect Islam’.

The protests were announced in the aftermath of a speech delivered in parliament by Navi Pillay, the visiting UN High Commissioner for Human Rights, after she sought the removal of discriminatory clauses in the Constitution towards non-Muslims, as well as an open debate on the subject of degrading punishments like public flogging that are still practised in the Maldives.

Pillay argued that flogging as a form of punishment was “cruel and demeaning to women”, while pointing out that apart from just one other Islamic country, the practise wasn’t condoned even among Muslim nations.

Available statistics appear to support the claim that women are disproportionately affected by punishments such as flogging. Mariyam Omidi, then Editor of Minivan News, reported in a 2009 article that according to government statistics, out of 184 people sentenced to flogging for ‘fornication’, 146 were women.

However, the report was met with outrage from conservative sections of the public who gathered with placards at the same venue where the protesters were attacked yesterday, and demanded that the journalist be deported.

There was simply no room for intelligent discussion on the subject and the offending statistic mysteriously disappeared from government websites not long afterwards.

Similarly, the response to the UN Human Rights Commissioner’s recommendations has been a brutish all-out war on the very idea of having a debate on the subject.

One gimmick to rule them all

One might wonder how in a country where Islam is safeguarded by the Constitution, and where there is overwhelming support among both leaders and the general public for mandating Islam’s role in state affairs, and where educating the public on other religions is not only taboo, but also illegal by law – could there still exist such insecurity among citizens that they need to rally in order to ‘protect Islam’.

The explanation is simple.

For 30 years, former President Maumoon Abdul Gayoom carefully consolidated the state’s authority over personal beliefs by successfully selling the idea of a ‘100 percent Sunni Muslim’ nation, and making the Dhivehi Identity virtually synonymous with Sunni Islam, which needed to be fiercely protected at all times from ever-present, invisible threats.

One of Gayoom’s most damaging legacies is that a paranoid Maldives found itself among the top ten countries in the world noted for religious intolerance, according to a study by the Pew Forum on Religion & Public Life published in 2009.

Employing religion to keep his citizens in check was a master stroke that ensured him a long reign, but Gayoom’s chickens came home to roost in the dying days of his regime when the democratic uprising threw up a medley of ultra-conservative mullahs who would take over the religious mantle from Gayoom.

Following the first democratic Presidential elections, the ultra-conservative Adhaalath Party assumed control of the newly created Ministry of Islamic Affairs, and took upon themselves the onerous responsibility of deciding who were the ‘true Muslims’ and what constituted ‘true Islam’.

It didn’t help matters that despite the freedom of speech granted by the constitution, the mainstream Maldivian media continues to exercise strict self-censorship when it comes to issues of religion and human rights.

The subject remains taboo among other public institutions and agencies as well, as evidenced by the statement released by the Maldivian Human Rights Commission yesterday on the occasion of Human Rights day, which glaringly omits any mention of minority rights or non-Muslim Dhivehin.

Speaking at a National Awards ceremony last month, President Nasheed gently rebuked his citizens for reacting ‘in a jihadi manner’ over the Navi Pillay controversy.

Instead, he exhorted the citizens to “have the courage to be able to listen to and digest what people tell us, what we hear and what we see”

President Nasheed would have done well to foster this spirit in his own government which, in the first few months after coming to power, shut down several websites that were allegedly critical of his then coalition partner, the Adhaalath Party.

Less than two weeks before he implored his citizens to have the courage to digest others’ opinions, President Nasheed’s government banned the blog of independent journalist Hilath who had been critical of Islamists in the government.

Even more startling was the reaction of his foreign Minister, Ahmed Naseem, to the controversy over Navi Pillay’s recommendations for doing away with degrading punishments.

“You cannot argue with God”, he said, in what was a clear surrender to the politics of bigotry.

The President would also do well to convey his ideas to his erudite Islamic Minister, Dr Abdul Majeed Abdul Baree whose response to the call for open discussion on the subject was merely, “No Muslim has the right to advocate against flogging for fornication.”

The Islamic Minister had also previously condemned the presence of commemorative monuments presented by participating nations in the recently concluded 17th SAARC summit in Addu.

Burning Bridges

The destructive outcome of emotive politics of hatred, strife and fear was clearly demonstrated by the hyper-paranoid religious vandals who burnt, damaged and stole multiple SAARC monuments because they allegedly depicted ‘idols of worship’.

One police officer on duty guarding the monument recollected being approached by hostile members of the general public asking why they were guarding “temples”.

The opposition parties, seeing political expediency even in the most unfortunate acts of xenophobic vandalism, quickly hailed the vandals as “national heroes”.

In a related incident, some MPs of the Progressive Party, including MP Ahmed Mahloof apparently hijacked a ferry in a valiant effort to save Islam from a banner hung at the International Airport, before they were intercepted by the Police and diverted to another island.

The offending banner at the airport depicted an image of Jesus Christ, a Buddhist chakra, and other religious motifs symbolising the religious diversity of South Asia, which the design consultants who came up with the concept said was in keeping with this year’s SAARC summit’s theme of ‘Building bridges’.

Notably, none of these MPs had anything to say on the young non-Muslim Maldivian man who hung himself from a tower at that very airport in July 2010, following immense pressure from family and state religious authorities after he, in his own words, “foolishly admitted (his) non-religious stance” to friends and colleagues.

If the 17th SAARC Summit proved anything, it is that building bridges is impossible when there are greedy political trolls ready to pounce on anyone willing to cross it.

Uphill struggle

It also appears that the Mullah and the MPs seem to be firm in their understanding that Islam has no room for thinking, no room for debate, no room for tolerance and no room for intelligence.

The seemingly endless series of ugly incidents and violence carried out in the Maldives in the name of Islam only reinforces the reputation of Islam as an intolerant, backward religion fit for narrow minded thugs who are incapable of dealing with 21st century realities or co-existing peacefully with the international community.

According to a March 2011 Universal Periodic Review Report for the Maldives, the Maldivian government had pledged to raise awareness and public debate around the issue of freedom of religion and religious tolerance.

The report states that “The Maldives commits to begin domestic awareness-raising and an open public debate on religious issues. Moreover… the Maldives requests international support to host, in 2012, a major international conference on modern Sharia jurisprudence and human rights.”

However, this may be a difficult task given the sense of over-entitlement prevalent among sections of the Maldivian public that, though it demands – nay depends – on foreign aid, income and expertise to keep their families clothed and fed, nevertheless scoffs at the very thought of having to fulfil any obligations to the international community at large.

When confronted by the UN Committee on the the Elimination of Racial Discrimination in August 2011 on the constitutional clause depriving non-Muslims of citizenship, the Maldivian delegation reportedly had this to say:

“It was not true that under the new Constitution existing citizens could be arbitrarily deprived of their nationality if they were to stop practicing Islam… The Muslim-only clause under the citizenship article of the Constitution only applied to non-Maldivians wishing to become naturalised.”

However, just one month later, the government published new Regulations under the Religious Unity Act of 1994, making it illegal to propagate any other religion than Islam, or to be in possession of any material or literature that contradicts Islam. Any violations of the regulations would carry a 2 to 5 year prison sentence.

In other words, as the silent protesters attacked in broad daylight yesterday learned, the struggle to achieve universal human rights in the Maldives is a seemingly impossible and uphill task that only keeps getting harder, thanks to the cesspool of paranoia, hatred and violence generated by a band of short-sighted politicians who are happy to abuse religion and opportunistic religious clerics who dabble in politics.

As with last year, where a motorcade of fundamentalists rode around the capital yelling loud anti-Semitic slogans about visiting Israelis, this year too the Human Rights Day has been marred by gloomy incidents of intolerance that only remind us of how the idea of mutual respect and civility still eludes us as a nation.

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

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Sri Lankan men sentenced for illegally importing alcohol in Reeko Moosa’s car

Three Sri Lankan nationals involved in the case concerning the discovery of hundreds of bottles of cheap alcohol in a car belonging to Maldivian Democratic Party (MDP) Parliamentary Group leader ‘Reeko’ Moosa Manik, have been sentenced to one year in jail.

The Criminal Court identified the three men as Isru Priyankara Disilva Nufehevage, Niroshan Don and Muhaidhee Mohamed.

The four  men were arrested in February last year, while loading 168 bottles of whiskey and menthol gin into a car registered to Moosa, on the same day controversial liquor licensing regulations were unveiled by the Ministry of Economic Development.

Moosa, who was in Singapore at the time of the incident, has maintained that his driver was bribed and the bottles were planted in his car to attack him politically.

Moosa observed at the time that television station DhiTV “has been showing the incident non-stop for 24 hours.”

“The last time I was in an advertisement for a liquid was with my brother in a television ad for Sun-Up,” he said, suggesting that he should now be paid royalties for every bottle sold.

According to the Sunday’s ruling, the expats – including Reeko Moosa’s driver – told the court that the alcohol bottles were “gifts” and that some other people were involved. However, the ruling stated that they were unable provide any evidence to back their story.

Deliberating on the evidence submitted to the court by Prosecutor General’s Office (PGO), the court charged the three men for illegally importing alcohol to Maldives and sentenced each if them to one year imprisonment.

According to the Criminal Court, importing alcohol without a license from the Ministry of Economic Development is prohibited under article 5(b) of Contraband Act of 1975.

Although three men were convicted, the main suspect identified as the leader of the group fled during the police investigation.

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GMR shares dip on back of Civil Court ruling against airport development charge

GMR shares on the Mumbai stock exchange fell 7.57 percent on Thursday on the back of a Civil Court ruling in the Maldives against its proposed US$25 Airport Development Charge (ADC), India’s Economic Times reported.

The paper earlier reported that the share slip had taken the company to a 52-week low, and that that the decision could leave the airport development project facing an annual funding shortage of US$25 million.

GMR said yesterday that it had yet to receive a copy of the Civil Court’s judgement and was only aware of the ruling through media reports.

“We are yet to receive the copy of the judgment and as such we are not in a position to evaluate the implications of the ruling,” the company said in a statement.

“GMR has been permitted to collect ADC and Insurance charge under the Concession Agreement signed between GMR-MAHB, Maldives Airport Company Limited (MACL) and The Republic of Maldives (acting by and through its Ministry of Finance and Treasury), and as such has set up processes for ADC collection from 1st January 2012 supported by an information campaign to ensure adequate awareness,” the company said.

“The bid for the Concession to manage, develop and operate Ibrahim Nasir International Airport for 25 years was conducted by the [World Bank’s] International Finance Corporation (IFC) and the component of ADC was part of the bid. GMR is confident that Government of Maldives will take such measures as would be necessary to honour its contractual obligation in this regard, given that the success of the development of the airport project is of national economic importance.”

The company noted that the payment of a development fee was “a common concept in many airports globally”, particularly as a part of concession agreements where airports are privatised.

“The reason for the inclusion of ADC in many global concession agreements is to address the funding needs to meet the investment model required to upgrade and develop new airport facilities at significant costs,” GMR stated.

The Civil Court ruled that the clause in the concession agreement with GMR violated the Airport Service Charges Act of 1978, which was amended in 2009 to raise the charge to US$18 for foreign passengers and US$12 for Maldivians above two years of age.

Judge Ali Rasheed Hussein ruled that the Airport Development Charge and insurance charge were service charges “under other names.”

He noted that the Airport Service Charges Act had been amended seven times to raise the charges since 1978 by the legislature, “based on the economic circumstances of the Maldives and the means of the public,” which showed that the purpose of the law was to ensure that enforcement agencies did not have the authority to raise the charges.

The suit was filed by the opposition-aligned Dhivehi Quamee Party (DQP), led by former Attorney General, Dr Hassan Saeed.

President Mohamed Nasheed’s Press Secretary Mohamed Zuhair said he believed the government was obliged to appeal the lower court ruling to in order to comply with the terms of the concession agreement.

GMR’s 25 year concession agreement to construct and manage a new US$400 million terminal (to be competed in 2014) is the single largest foreign investment in the history of the Maldives.

The strength of the IFC-monitored bid by the GMR-Malaysian Airports Holdings Berhad (MAHB), split 77:23 percent respectively, came from its US$78 million upfront payment (compared with US$27 million from the second-highest bidder) and in particular, its 27 percent sharing of fuel revenue (from 2014).

At the time, the government anticipated that 60 percent of government revenue from the airport deal would derive from fuel – US$74.25 million annually between 2015-2020, increasing to US$128.7 a year from 2025-2035. This in turn was the most significant element of the final ‘net-present-value’ calculations to determine the winning bid.

A briefing document obtained by Minivan News following GMR’s successful bid in June 2010 contained forecasts of the government’s expected earnings from the airport over the lifespan of the contract. It revealed that a majority of the predicted revenue, a major factor in calculating the NPV (net present value) used to determine the successful bid, derived from the 27 percent fuel revenue share once the airport is completed in 2014:

  • 2015-2020: 12.8m gross + 74.25m fuel = US$87.05m per year
  • 2020-2025- 17.02m gross + 90.99m fuel = US$108.01m per year
  • 2025-2035 – 20.43 gross + 108.27m fuel = US$128.7 m per year

The document contrasted this with the dividends paid to the government by MACL over the last three years, noting that the majority of the dividends paid in 2008-2009 were achieved “by taking a loan.” Dividends in 2007 were 2.3 million, 13.3 million in 2008, and 5.05 million in 2009.

On the suggestion that MACL should be allowed to raise finance and invest in the upgrade itself, a predicted US$300-400 million, the document noted that MACL “already has debts of Rf 600 million (US$46.69 million)” and would be unable to obtain further leverage “without a sovereign guarantee – simply not allowed due to the IMF measures.”

At the same time, GMR’s bid offered a significantly lower 10 percent share of gross airport revenue, as compared to the other two bids.

The only historic figures available to the government in estimating this revenue (a staid US$20.43 million by 2025-2035) were derived from the existing commercial revenue from the airport – usage fees, ground handling charges, duty free shop rents, and so forth.

Compared to the glittering Gucci-lined corridors of airports in tourist hubs such as Dubai, the airport’s 4-5 departure lounge shops and dilapidated eateries – some serving pot noodle – were a missed opportunity, given the bulging wallet of the average visitor to the Maldives.

Speaking at the opening of GMR’s cavernous Delhi Terminal 3, GMR Manager P Sripathi told Minivan News that the consortium was very interested in the well-heeled concourse traffic in the Maldives – sufficiently interested to invest a sum equal to almost half the country’s stated GDP at the time.

“It’s a lovely project. The type of tourists coming are from the very high-end tourism market, therefore the business opportunities are plenty,” Sripathi said at the time.

Minivan News reported in June 2010 that some of the investment was to be recovered through a US$25 airport development charge, set by the government for all bidders to be levied only on international travellers at time of departure and added to ticket prices.

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Lawyers question reappointment of judges convicted of sexual misconduct

A group of lawyers have questioned the Judicial Service Commission (JSC)’s decision to reappoint two judges, previously removed from the bench for sexual misconduct, as magistrate court judges.

The lawyers, including Former Attorney General Husnu Suood, said on Thursday that  Gaafu Dhaalu Thinadhoo, Meeraaz Ahmed Shareef and Dhaalu Meedhoo Biloori Villa, Ali Shafeeg who were appointed as magistrate court judges had previously been convicted for sexual misconduct.

Speaking to Minivan News, Suood said the two judges were removed from bench in 2010 because they did not possess the “high moral character” required to be a judge according to the article 149 (a) of the amended constitution.

According to the records, Shareef – appointed to Gaafu Alifu Dhevadhoo Court – was sentenced to two months under house arrest on July 30 2001, for having an affair. He was former Chief Magistrate of Thinadhoo in Gaafu Dhaalu Atoll.

Ali Shafeeg, appointed to Kaafu Gaafaru Magistrate Court, was sentenced to four months banishment and subjected to seven lashes in 1989, for having an affair with a married woman.

Suood noted that, article 149 (a) of the amended constitution states “a person appointed as a Judge in accordance with law, must possess the educational qualifications, experience and recognized competence necessary to discharge the duties and responsibilities of a  Judge, and must be of high moral character”.

Referring to the previous convictions of the Judges, Suood said that the “two judges were not up to the moral standards required and that’s why they were disqualified in 2010”.

“We are preparing the documents to submit to JSC requesting them to investigate the case. It’s up to the JSC to hold the integrity of the judiciary,” he said.

JSC spokesperson Hassan Zaheen noted that Shareef and Shafeeg were also removed in 2010, under the article 285, which allowed  JSC to dismiss judge failing to meet the requirements in article 149.

However, he added, that Shareef and Shafeeg were reappointed “because the Judges Act now allows it.”

According to the article 15 of the Judges Act – which came into effect five days after the reappointment of judges with life time tenure – a judge will be considered as failing to meet the required ethical and moral standards if they had served a sentence for a criminal offence in the seven years prior to the appointment.

“Shareef and Shafeeg were sentenced before the seven year period,” Zaheen added.

In 2010 when Shareef was dismissed from the bench, he also protested against the JSC in court, claiming his conviction was 11 years old when he was removed from the bench on August 5, 2010, and his sentence had been suspended. The Judges Act was being debated in the parliament at the time of Shareef’s removal.

Therefore, JSC pointed out at the time, the Judges Act post-dated its decision to remove Shareef from the bench, and argued that it could not be expected to rely on legislation that did not exist.

The JSC reiterated that he was removed from bench under the article 285, that allowed JSC to dismiss the judges failing to meet the moral and ethical requirements of article 149.

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