Victorious Maldivian bodyboarding team returns from Australian competition

The Maldives Bodyboarding Association (MBBA) team that took part in the Jeff Wilcox Memorial 2013 competition held in Australia last weekend received a warm welcome back to the Maldives last night (August 28).

Around 25 friends and family, as well as the Minister of State for Human Resources, Youth and Sports – Mohamed Ghassan Maumoon – and local media, greeted the team with flowers, cheers, and well-wishes in the VIP lounge of the Ibrahim Nasir International Airport.

The MBBA sent their top three bodyboarders to the Australian competition – Ali ‘Kuda Ayya’ Khushruwan, Ali ‘Shaam’ Raafiu, and Ali ‘JD’ Javid – who had taken 1st, 2nd, and 3rd places, respectively in the Burunu Shikaaru Bodyboarding Challenge held in Male’ this May. Team official and MBBA Vice President Mohamed Khushruwan Ahmed also traveled with the team.

The Maldivian competitors stood out as “some of the best in the event”, with 17 year-old bodyboarder Ali ‘Shaam’ Raafiu winning first place in the competition’s Junior Division, Jeff Wilcox Memorial Event Director Aaron Dodds previously told Minivan News.

The returning team lauded the competition’s organisers, the Forster Tuncurry Bodyboard Association (FTBA), for holding a quality competition and offering their support to develop the sport in the Maldives.

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Parliament passes prison and parole bill

The ‘Prison and Parole Bill’ has been passed by Parliament for a third time, after being returned twice for reconsideration by President Mohamed Waheed, reports local media.

The bill was unanimously passed today (August 29) with the 28 points Waheed previously requested be reconsidered having been reviewed and amended, MP Moosa Manik told local media.

The bill currently has “no major issues,” he added.

The bill aims to strengthen the prison system, which will enable government authorities ensure inmates’ rights and privileges are protected, said Manik. Vocational training and creating a safe and secure environment for inmates will also be provided.

In addition, the ‘Prison and Parole Bill’ will establish a separate institution, referred to as the Maldives Correctional Service, to create prison regulations and run the facilities.

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Personal issues creating JSC tension as Majlis committee unprepared to deal with “out of control” judicial watchdog

Tension continues to surround the Judicial Service Commission (JSC) as the chair and a fellow commission member accuse one other of code of conduct violations, while members of Parliament’s Independent Institutions Committee is have alleged it is unprepared to deal with the situation.

“The JSC is out of control right now, we must do something. The JSC president is ‘out of the circle’,” Parliament Independent Institutions Committee Member and MDP MP Ahmed Sameer told Minivan News today (August 29).

Last week, the JSC Chair and Supreme Court Justice Adam Mohamed was set to face a no-confidence vote introduced by fellow commission member Shuaib Abdul Rahman. Rahman claimed the JSC Chair had been abusing his powers by exerting undue influence on the commission’s decisions and that the entire JSC was in a state of limbo.

However, Adam Mohamed refused to table the no-confidence motion against himself, claiming that it would be in violation of the Maldives’constitution and the JSC Act.

In reaction to Mohamed’s refusal to table the motion, Rahmaan submitted a case against the chair to parliament’s Independent Institutions Committee, as well as to the Anti-Corruption Commission (ACC).

This prompted the JSC Chair to file his own cases with the parliamentary committee and the ACC, requesting they penalise Rahman for breaching the JSC’s code of conduct. Mohamed claims that an internal JSC motion cannot be referred to any outside parties.

While Sameer today acknowledged that “there are a lot of issues arising from the JSC”, he explained that the parliamentary committee was not yet able to address them.

“The committee has not formed officially yet. We have to select a chair and deputy chair, then official work can begin,” said Sameer.

He anticipated that the parliamentary committee members will “hopefully” be chosen by next Monday or sometime later in the week.

Once the Independent Institutions Committee is officially formed, they will then hold an emergency meeting to address the urgent JSC issues, noted Sameer.

Meanwhile, though the JSC claims to be functioning as normal, the tension between Mohamed and Rahman is said to be palpable.

“From the standpoint of the Commission, this is a personal issue between President and Shuaib [Abdul Rahman], it is not something related to the JSC,” JSC Secretary General Aboobakuru Mohamed told Minivan News today.

“As staff of the Commission, we are not taking sides.”

He explained that “the JSC Chair is circulating press releases on behalf of himself, not the commission”, and that both Mohamed and Rahman are referring to the same articles in the JSC code of conduct.

“We had a JSC committee session yesterday and things were as normal, there were no personal grudges [affecting work] during the session,” said Aboobakuru Mohamed.

“It is definitely not affecting work. [However] the atmosphere yesterday was tense, we definitely feel the tension there,” he added.

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Senior PPM official files Supreme Court case against Elections Commission

The Supreme Court is to hold the first hearing into a case against the Elections Commission (EC) filed by a senior member of the Progressive Party of Maldives (PPM).

PPM Appeal Committee member Ahmed Zaneen Adam filed a case against the EC with the Supreme Court on Monday (August 26), requesting the court order an independent audit of the commission’s IT systems to “ensure they are credible”, and to order state security forces to “ensure the election does not face any undue influence”.

Adam claimed the case was filed in his “personal capacity” and not on behalf of his party – who have denied knowledge of the case.  The opposition Maldivian Democratic Party (MDP) has disputed this claim.

Adam’s submission also requested the court determine whether the voter re-registration process had been conducted fairly, and asked the court to order the EC to place a copy of the original electoral register – signed by all presidential candidates – in all polling stations.

The Supreme Court has accepted the case and scheduled the first hearing at 2:00pm on Thursday (August 29).

“I have not been informed whether the party has submitted a case to the Supreme Court concerning the competency of the Elections Commission’s work,” PPM MP and Spokesperson Ahmed Nihan told Minivan News today.

Nihan claimed that the party was cautious of backing any action that could compromise the election scheduled for September 7.

“I certainly believe that we do not want to take any action that would halt the election. We have to be very careful going forward,” he said. “We will have to wait to see if anything is submitted.”

The Supreme Court hearing follows a series of recent complaints against the EC issued by both the PPM and Jumhoree Party (JP).  The PPM claimed last week their concerns had gone “unaddressed” and they would seek a legal resolution against the Commission.

PPM vice presidential candidate and former Home Minister Dr Mohamed Jameel Ahmed is heading the party’s legal team concerning the issues it has raised against the EC.

PPM trying to delay elections: MDP

“The PPM wants to delay elections or have the Supreme Court intervene to do so,” said MDP Spokesperson Imthiyaz ‘Inthi’ Fahmy.

“I haven’t seen PPM conducting nationwide campaigning. They just started conducting door to door campaigning two weeks ago,” Fahmy continued. “They are delayed or not ready for elections at all.”

Fahmy alleged that the PPM would have known Adam was filing a case against the EC and that Adam would not have acted without the party’s consent, given his leadership role.

“As a member of PPM’s Appeals Committee, he would not have taken action without the PPM’s consent and approval,” he said.

“If Adam were a member of an MDP committee and wanted to take legal action in a personal capacity, the party would not allow that,” he added.

Fahmy said be believed the PPM would not succeed in delaying the presidential election considering the EC was constitutionally established as an independent commission and had successfully carried out every democratic election in the country since its inception.

“The Commission has already set the date for elections, all the preparations have been made, the voter registry list has been completed, and political parties – especially the MDP – are ready for elections,” he noted.

“The Supreme Court should reject the PPM case because it is not within their mandate to stop elections, they should not intervene,” Fahmy continued.

“People all over the Maldives are ready for the election. If something unexpected happens it will be a really big issue that people will not accept at all. I don’t think the Supreme Court will take that action,” he added.

MDP to enter the fray

The MDP today submitted a petition to the Supreme Court to join the case as a third party. However, the court rejected this application due to a “technical problem”, Fahmy stated.

He explained that the court had asked for more details in the paperwork, despite the documents submitted by the PPM not being provided.

The MDP’s legal team plans to re-submit the appropriate paperwork tomorrow morning in a process one party lawyer said can be completed in minutes.

“We will submit our application to join the case as a third party tomorrow morning. MDP not only has an interest in the case, but a jurisdictional right to join the case,” he continued.

“There are no grounds for the PPM to question [the EC’s work] by submitting a case against them. They have conducted their work and dispersed information very transparently,” he added.

Elections Commission Chair Fuwad Thowfeek and Vice Chair Ahmed Fayaz, and PPM vice presidential candidate Dr Mohamed Jameel Ahmed had not responded to requests for information at time of press.

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Arbitration tribunal in GMR hearing agrees separate assessment of liability

The GMR-Malaysia Airports Holdings Berhad (GMR-MAHB) consortium has won an early legal skirmish in the Singapore-based arbitration hearings into its US$1.4 billion compensation claim for early termination of its contract by the Maldivian government.

GMR-MAHB won a concession agreement to manage and upgrade Ibrahim Nasir International Airport (INIA) under the Maldivian Democratic Party (MDP) administration, which was ousted from power on 7 February 2012 amid protests and a police mutiny.

The new government, comprising a coalition of former opposition parties under current President Mohamed Waheed, declared in late 2012 that GMR-MAHB’s agreement was ‘void ab initio’ (invalid from the outset) and gave the developer seven days’ notice to leave the country.

The US$511 million agreement was at the time the country’s single largest foreign investment. According to the government’s own engineering assessment, the development was 25 percent complete at the time GMR-MAHB was evicted.

The consortium has since lodged a US$1.4 billion claim with the Singapore Court of Arbitration, an amount eclipsing the Maldives’ annual state budget. The government is being represented by a Singapore National University Professor M. Sonarajam, while GMR-MAHB is being represented by former Chief Justice of the UK, Lord Nicholas Edison Phillips. The arbitrator is retired senior UK Judge, Lord Leonard Hubert Hoffman.

Latest hearings

During the second round of procedural hearings earlier this month, the tribunal acceded to GMR-MAHB’s request to split the proceedings into firstly determining liability, before quantifying the amount of compensation to be paid separately.

Minivan News understands that the tribunal agreed this would simplify examination and quantification of what was effectively three claims being made in the hearing: GMR-MAHB’s claim for compensation as per the termination clause of its concession agreement, its parallel claim for loss of profits over the lifespan of the agreement due to its termination, and the government’s counter-claim for restitution should the tribunal decide in its favour.

According to a source familiar with the matter, the government’s legal team opposed splitting the proceedings in such a fashion as they had not had access to GMR-MAHB’s documentation, and would therefore be unable to assess the scope of the claim at stake.

Minivan News understands that the tribunal rejected the government’s position on the grounds that it would be quicker, fairer and less costly to resolve the case by first determining liability for each of the claims, and then quantifying these.

Separate development paths

Local media has meanwhile reported that Maldives Airports Company Limited (MACL), which took over management of the airport following the government’s eviction of the foreign investor, has sought a US$150 million loan from Thailand’s Exim Bank for the construction of a new runway.

Sun Online reported MACL Managing Director Bandhu Saleem as stating that MACL’s three-year development project, involving reclamation of land for the runway and development of a new terminal, would cost a total of US$380 million.

“The terminal is being designed. The funding will be available in the next six months or so. We are planning to start the construction of the terminal as soon as the runway is completed,” Saleem reportedly told Sun.

Future development of the airport and fallout from the arbitration proceedings is likely to be affected by the upcoming election.

Of the four presidential candidates contesting the presidential election on September 7, both resort tycoon Gasim Ibrahim and incumbent President Mohamed Waheed have taken strongly nationalistic positions on MACL retaining full control (and responsibility for financing) the airport’s development.

Gasim’s running mate, Dr Hassan Saeed, was an early and emphatic proponent of GMR-MAHB’s eviction, previously issued a pamphlet calling for the cancellation of the agreement and likening it to “taking bitter medicine to cure a disease” or “amputating an organ to stop the spread of cancer.”

The Progressive Party of the Maldives (PPM), a major opponent of the MDP’s government’s signing of the concession agreement, has in recent months appeared to have taken a more conciliatory position, blaming the fallout of the agreement’s sudden cancellation on President Waheed.

“We told the next President Mr Waheed that he should hold discussions with the GMR Group and the Indian government to arrive at an acceptable solution, after which the government was free to act on its own,” PPM head and former Maldivian President Maumoon Abdul Gayoom told Indian media in June. “Unfortunately, this was not done and suddenly there was this unhappy ending.”

The MDP has meanwhile signalled that if elected, it intends to negotiate the return of the developer. Construction of the new terminal was originally pegged for completion by 2014.

“The coup government nullified the agreement, and we will see how best to rectify it,” former Economic Development Minister Mahmoud Razee told Minivan News.

“If need be we will go to the Majlis. Our objective is to get work restarted as quickly as possible,” he said.

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Thinadhoo Regional Hospital renamed to honour late foreign minister

The name of Thinadhoo Regional Hospital has been changed to Dr Samad Memorial Hospital, President Mohamed Waheed announced yesterday (August 28), reports local media.

Waheed was advised by his cabinet members to change the hospital’s name to “create a long lasting tribute” to the late Foreign Minister Dr Abdul Samad Abdulla.

A special remembrance meeting will be held in tribute to Samad’s “distinguished services” – a scholarship has already been announced in his memory.

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Police hold election operation briefing

An ‘Operation Blue Waves’ briefing was held for commissioned police officers who will lead internal security in the greater Male’ area today, reports the Maldives Police Service (MPS).

The head of Central Operations Command and the head of Operation Blue Waves conducted the briefing, held last night (August 27).

Information on the operational plan for the Male’ area and the different operational phases were discussed, while police officers were assigned to specific areas and given various operational tasks.

Other briefing attendees included the Divisional Operation Command Head and Deputy Head, Assistant Police Commissioner Farhadh Fikry, as well as the Commander of Operation Blue Waves for Male’ area, Chief Inspector of Police Abdulla Shareef.

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Bureau of Classifications on strike over broken air conditioner

Staff at the Maldives National Bureau of Classifications have declared themselves on strike over an air conditioner they claim has not worked for two months, reports Sun Online.

“We’ve been working in this heat for all this time. We stopped work today, until we find a solution,” a staff member told Sun.

The National Bureau of Classifications is responsible for classifying all artistic content produced in and imported into the Maldives.

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Party running mates debate on TVM ahead of September 7 elections

State broadcaster Televison Maldives (TVM) has aired a debate involving the running mates of all four candidates contesting the upcoming September 7 elections.

Jumhoree Coalition’s vice presidential (VP) candidate Dr Hassan Saeed from Dhivehi Qaumee Party (DQP), Gaumee Ihthihaadh Party coalition VP candidate Ahmed Thasmeen Ali from the Dhivehi Rayyithunge Party (DRP), Progressive Party of Maldives (PPM) VP candidate Dr Mohamed Jameel Ahmed and Maldivian Democratic Party (MDP) VP candidate Dr Mustafa Lutfi were asked questions regarding national unity, establishing a peaceful and safe environment, good governance and social protection.

According to TVM, the questions in the debate were formulated based on research done by the Maldives National University on the needs and priorities of Maldivian citizens.

National Unity

The show began with a question on what the candidates felt were the biggest challenges to the spirit of nationalism, and what their plans are to strengthen national unity.

All four candidates emphasised that Islam is the basis of unity, and that it was just as important to establish equitability among all citizens. Saeed and Jameel also spoke of treating citizens equally, without any discrimination based on political affiliation.

Saeed further pledged to introduce nationalism and civic education as subjects in all schools. He also noted the difference in economic status between north, south and central Maldives, stating their coalition would work to decrease this.

Thasmeen accused the previous MDP government of having contributed to decreasing national unity by “negligence when it comes to strengthening Islamic principles among citizens”, adding that his coalition will focus on training young children in the ways of Islam.

Jameel stated that the PPM would introduce Islamic studies in primary and secondary level education. Lutfi responded that in addition to Islamic studies already existing in the curriculum, “the entire education system is in line with Islamic principles as this is an Islamic nation”.

In response to a question as to what candidates would do to bring an end to political unrest, all candidates except Thasmeen focused on equal application of law to all citizens.

Saeed and Jameel alleged that the reasons behind existing political turmoil was former president and MDP presidential candidate Nasheed’s “habit of acting outside law”, as well as the importance of empowering and respecting decisions of independent commissions and courts.

Saeed stated that the JP coalition will ensure the Maldives is included among the 10 countries with the least corruption.

Thasmeen stated that the most important step that can be taken is to prioritise national interest over personal political interests.

Lutfi – whose party maintains that the February 7, 2012 transfer of power was illegitimate and the product a coup d’etat – answered that political unrest cannot be eradicated “until and unless a government elected by the people is established in the country”.

Establishing a peaceful and safe environment

The segment started off asking what plans had been made to handle the rising problem of the sale of illicit drugs and drug abuse, especially among youth.

While all four candidates mentioned the establishment of more rehabilitation centres, each had their own ideas as to how the issue should be handled.

Thasmeen suggested more awareness programs as a preventive measure. On the other hand, Saeed and Jameel urged stricter penalisation for drug related offences.

“Our government will give the strictest possible punishment as per the law to those involved in the drug trade. We will not hesitate even if we have to hang them to death,” Saeed stated.

Along with stricter penalties, Jameel added that it was important to expedite court processes, and implement sentences. While he mentioned privatisation of rehabilitation facilities, he placed emphasis on PPM’s plans to further strengthen the police force and provide them with greater jurisdiction in investigating drug cases.

“It is often a huge obstacle for police that they have to work alongside customs and other authorities. Our government will ensure the police have increased powers,” he stated.

Lutfi approached the matter from another angle, suggesting stronger preventive measures can work more effectively than stricter sentences in reducing drug crime.

He stated that the MDP would provide higher education and job opportunities, thereby facilitating paths for youth to create better lives for themselves, and steer them away from drugs.

“As I see it, youth do not take up drug abuse simply through faults of their own, but largely due to failures in a state’s system,” Lutfi said.

All candidates spoke of introducing educational, entertainment and job opportunities for youth.

Saeed added that his coalition would provide accommodation for all young couples who get married. Thasmeen said that youth who are between jobs will be given an “unemployment benefit”, although he did not reveal how much such an allowance would be.

Good governance

Asked about the foreign policies included in each of the parties’ respective manifestos, all candidates spoke about the importance of ensuring that no outside influences compromised the country’s constitutional requirement to be 100 percent Muslim.

Saeed, Jameel and Thasmeen stated the importance of not letting foreign influences compromise Maldives sovereignty, religion and independence.

“We must not go begging to foreign powers every time we need something,” Saeed asserted.

Jameel meanwhile alleged that Nasheed had “negatively affected our tourism industry by speaking openly about the country being at risk of sinking due to climate change while he was still in power”, adding that a leader should always keep the country’s best interests in mind.

The candidates also spoke on the issue of politicisation of the security forces. Saeed suggested that the best way to deal with the problem was to create stricter regulations regarding the protection of state secrets, and by politicians refraining from using security forces as a political tool.

Lutfi however suggested that the best way to ensure the forces upheld their pledges to protect state secrets was by maintaining equality among officers, and by providing adequate training and education.

Implementation of Islamic Sharia

Saeed assured that the JP coalition would not hesitate to implement Sharia law, be it even severe punishments including amputation and the death penalty. He accused former governments of hesitating to do so, as some among their leadership had cases against them which warranted these hadd penalties.

The other three candidates acknowledged that there were problems within the law enforcement forces and the judiciary which inhibited the implementation of harsher Sharia penalties.

Thasmeen stated that the GIP-DRP coalition would open up a national debate to address the issues, while Lutfi stated that such penalties could only be implemented after the judiciary had reformed and gained the trust of the people.

Admitting that there were weaknesses in the law enforcement bodies and the judiciary, Jameel stated that “there are changes we need to bring to the penal code and the criminal justice system. It is also a huge problem that people are currently granted the right to remain silent and that the [Prosecutor General] is not compelled by law to prosecute criminal cases in a predetermined short period of time.”

Jameel asserted that as it is specifically stated in the Quran, there was “no way anyone can refuse to implement death penalty”.

Criticism of competitors

While the program was carried out more as a question and answer session, some candidates leveled criticisms at others in the time allocated for closing statements.

Saeed stated that his candidate, Gasim Ibrahim had served both during Gayoom’s time and Nasheed’s time, and that he had been tasked with major responsibilities, displaying the trust that previous leaders had in his capabilities. He further accused PPM candidate Abdulla Yameen, MDP Candidate Mohamed Nasheed and GIP-DRP coalition running mate Thasmeen Ali of being involved in cases of corruption.

Saeed stated that only MDP and JP had created manifestos after consulting with citizens, adding that “Gasim traveled to all inhabited islands through rain and shine”.

Thasmeen retorted that while Gasim had been busy visiting citizens, Saeed had been writing the GIP coalition manifesto prior to his defection. Thasmeen also said that prior to contesting in the upcoming elections, both Saeed and Jameel had “sung nothing but praise for President Waheed”, which was evidence of the president’s capabilities.

Jameel meanwhile stated that it was irrelevant to listen to three men who had individually served as Attorney General, Minister of Atolls Administration and Minister of Tourism during Gayoom’s 30 year administration. He asserted that the PPM was the right choice as all three candidates had previously worked in Gayoom’s administration. Jameel himself served as Gayoom’s Justice Minister.

Lutfi, who asserted the importance of establishing “a people’s government”, concluded the debate with a summary of the policies launched by the MDP, stating that “on September 7, the Maldivian people will be making an extremely important decision.”

The full debate (in Dhivehi) can be viewed here.

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