MPs with ‘decreed’ debt face disqualification from parliament

An article of the constitution stating that members of parliament with unpaid debts face immediate disqualification from the Majlis stands to be tested in the Supreme Court, after a spate of cross-party accusations on the subject.

Article 73 [c]of the constitution states, “A person shall be disqualified from election as, a member of the People’s Majlis, or a a member of the People’s Majlis immediately becomes disqualified, if he has a decreed debt which is not being paid as provided in the judgment.”

Deputy Leader of the Dhivehi Rayyithunge Party (DRP) Umar Naseer has filed a case at the Supreme Court claiming that the Maldivian Democratic Party (MDP) MP for Thimarafushi Mohamed Mustafa has an unpaid debt dating back to 1997 and should therefore be unseated.

However the MP has said there was “no doubt” of his eligibility for remaining an MP, dismissing the case filed against him. The Supreme Court has concluded its hearings on the case but has yet to deliver a verdict.

Umar argued that MP Mustafa should not have been eligible to be a candidate in last year’s parliamentary elections ”because he had a proven debt which was not paid.”’

“He has to pay US$31,231.66 (Rf401,326.83) to Bank of Credit and Commerce International (BCCI), which is now bankrupted and its loans and debts have been taken over by the Maldives Monitary Authority (MMA),” Umar said.

Umar said that on 28 August 1997, the civil court ruled that the debt should be payed by MP Mustafa and his company Seafood International Private Limited.

”We raised the issue at the Elections Commission (EC) during the parliamentary elections and the former president of EC said that there was no debt which should be paid by Mustafa,” he said.”That’s why I took it to the Supreme Court.”

But, Mustafa claimed he inquired with the MMA about the outstanding debts.

‘The MMA said that there was no debt that I should pay,” Mustafa said, ”That’s why I ran in the parliamentary elections.”

Mustafa added that the Elections Commission (EC) also investigated the case and ruled that he was eligible.

‘They are trying to defame my character,” he said. ”Umar Naseer is a politically insane person.”

Last month, the Male’ municipality asked the attorney general to file a suit against Mustafa to recover unpaid rent for a plot he leased for a restaurant in artificial beach.

MP Mustafa is one of several MPs who have been variously accused of having outstanding unpaid debts.

Namira Engineering was sentenced last week to pay Rf116,497 to the State Trading Organisation (STO). People’s Alliance MP and Deputy Speaker of Parliament Ahmed Nazim, who was former managing director of Namira Engineering before he resigned from the company, said he had left it three years ago and has no connection with the debt.

On 8 January, a criminal case involving Nazim, Eydhafushi MP Ahmed “Redwave” Saleem and former Atolls Minister Abdullah Hameed, was sent to Prosecutor General’s Office.

On 31st of January, Peoples Alliance party leader Yameen Abdul Gayoom sued the DRP leader-elect Ahmed Thasmeen Ali to recover an unpaid debt.

On 8 December 2009, Sultans of the Sea, a company affiliated with DRP Leader Ahmed Thasmeen Ali, was ordered to pay Rf654 million to Bank of Maldives.

The BML audit report released last year revealed that US$633 million worth of loans was issued on 2008. Of the US$633 million, US$45 million was granted to Sultans of the Seas and US$36 million to Fonnadhoo Tuna Products.

MP Thasmeen did not respond to Minivan News at time of press.

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Copyright laws presented to parliament

Parliament today voted to proceed with a bill on copy right laws submitted by the ruling Maldivian Democratic Party (MDP).

MPs voted unanimously to send the bill to the economic affairs committee for review.

Introducing the draft legislation, MDP MP Mohamed Thoriq said the proposed copyright laws would create a legal framework to protect intellectual property in the Maldives and thereby “encourage creativity”.

Opposition Dhivehi Rayyithunge Party (DRP) MP Abdulla Mausoom said while the party supported to the bill, it needed some amendments: ”Software protection was not fully provided in the bill,” he said.

A significant proportion of software used in the Maldives, including by government agencies, are pirated copies. Historically this has been due to the both the ready accessibility of unlicensed software and the comparatively high cost of legitimate licenses in the developed world. For example, a copy of a popular accountancy software package that costs Rf25 (US$2) at a shop in Male’ can run to several thousand US dollars if bought legitimately.

As the bill was connected to the productivity of the country, Mausoom added, it was very important to make it as comprehensive as possible.

Maldivian Democratic Party MDP MP Mohamed Mustafa concurred that the bill was important to the Maldives as ”copyright should be protected in the country.”

DRP MP Ahmed Nihan said that the bill was necessary but noted that ”there are amendments that should be brought to the bill.”

Nihan said that there were people who had become mid-level businessmen by selling the pirate copies of softwares and other products.

‘There are fake iPhones, blackberries and other types of mobile phone sold in the market,” he said. ”This business of fake models and products should be prevented.”

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Parliament passes bill on broadcasting corporation

The parliament yesterday passed a bill establishing a broadcasting corporation, with board members to be appointed by parliament and responsible for controlling public media TVM and Voice of Maldives.

The bill effectively gives legal weight and parliamentary backing to the Maldives National Broadcasting Corporation (MNBC), which already runs state media.

Out of 69 MPs present, 42 voted to pass the bill. The bill was presented to the parliament by the government, with MPs attempting to introduce 35, but during the vote only 18 amendments were passed.

Spokesperson for the Maldivian Democratic Party (MDP) Parliamentary group Mohamed Shifaz said he was happy with the broadcasting bill but was unhappy on how the broadcasting corporation bill was passed.

Shifaz said that according to the bill the board members would be appointed by the parliament.

”The parliament will be appointing people for the board,” Shifaz said. “Parliament will do the interviewing and select people.”

Dhivehi Rayyithunge Party (DRP) MP Ahmed Mahloof said he was “very happy” with the bill, suggesting consternation within the MDP over the appointment of board members was “because TVM is the only media now which promotes the government.”

Mahloof said the MDP MPs were worried that if TVM became independent, “there will be no one to promote the MDP.”

”TVM would never report anything negative to the governemnt,” he said. ”It always promotes the government, that’s why they are worried that TVM might become independent when the parliament appoints board members for the broadcasting corporation.”

He said if the bill was approved by the president, media in the Maldives would become “free and independent.”

MDP MP Ahmed Easa said that appointing the board members by the parliament, announcing for interested applicants for the position and interviewing the applicants by the parliament made the parliament “a place where business is done.”

Easa said that the opposition MPs passed the bill because “they want to change the public media the way they want to.”

”It is fine if the parliament monitors the board,” he said, ”but if they are appointing people for the board that means the parliament is [participating in] the country’s business community.”

DRP MP Abdulla Mausoom said the bill was passed with majority support of MPs.

Mausoom said the President Mohamed Nasheed should “be very happy” with the way the bill was passed claiming that many people blamed the government for attempting to control the media.

”Now the president can say he has no power over the media,” Mausoom said.

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”Expat or locals, both are human”: DRP calls on government to reopen water taps

Dhivehi Rayyithunge Party (DRP) MP Ahmed Nihan has called on the government to reopen the closed public water taps in Malé by the end of this week.

Deputy Head of Malé Municipality Mohamed Arif told Minivan News yesterday that all but four of the 19 taps closed because they were “mostly being used by expats [and] not Maldivians.”

The water taps cost the municipality Rf3.5 million (US$270,000) last year, he said.

Today, Nihan said many people were complaining that the municipality’s decision was causing them difficulty.

”Expat or locals, both are human,” he said. ”Water is a basic fundamental right for any human being.”

”We want the government to keep at least eight taps available,” Nihan said, ”so that two are available for each district.”

He said the World Health Organisation’s (WHO) standards would not allow a country to keep its public water taps closed.

Nihan said he did not want the water from the taps to be used for car washing or business purposes.

”We are ready to go out on the streets and protest on this issue,” he said. ”If they do not reopen the taps by this week we will come out to the streets and will even take the issue to parliament.”

Nihan said the party was waiting so as to give some time for the government to reverse the decision.

”This shows how incapable and unable the government is to run this country,” he said. “They cannot even manage the public water taps.”

Head of Male’ Municipality Adam Manik said the government “might or might not” reopen four more taps.

”We do not want to know what the DRP wants,” Adam said. ‘We understand what the people want, and so far nobody has complained [to us] that they are having difficulties.”

Adam said there would be enough water available from the four open taps, and that he did not wish to comment on the issue further.

MDP MP Alhan Fahmy also said he did not want to comment on the issue while spokesperson for the Maldivian Democratic Party (MDP) Parliamentary group, Ahmed Shifaz did not respond to Minivan News at time of press.

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‘Words and weapons’ bill presented to parliament

A bill banning threats, use of sharp objects and weapons was been presented by the government to the parliament yesterday, in a bid to reduce violent crime on the streets of Male’.

If the bill is passed, threatening a person will become a crime and will result in a 2-12 months sentence. If someone uses a sharp object or dangerous weapon in a threatening manner, there would be an additional 1-6 months sentence.

The bill says that using or storing a sharp object or dangerous weapon in public is also a crime, which will receive a 2-12 months sentence. Furthermore, importing butterfly knives and flick knives without the permission from the Home Ministry would also become a crime, and receive a 1-3 month sentence.

Maldivian Democratic Party (MDP) MP Mohamed ‘Colonel’ Nasheed introduced the bill to the MPs, which was forwarded to debate through the support of Dhivehi Rayyithunge Party (DRP) MP Ali Waheed.

Spokesperson for MDP parliamentary group MP Ahmed Shifaz said that the bill was mainly focused on reducing gang fighting to make the society “a peaceful and safe place.”

”Right now police cannot arrest somebody walking around with a knife in their hand,” Shifaz said. ”But after this bill is passed, people will  not be allowed to use sharp objects and weapons in public.”

He said anything that could be used to injure a person would be designated as a weapon, including logs and batons.

‘Threatening a person with weapons or words would also be a crime under the bill,” he said, ”and even if a police officer threatens a person, that officer can be charged.”

He said the bill would help to reduce crime rate in the country.

DRP MP Abdulla Mausoom said it was very difficult to comment on the bill as it was still in the debate stage.

”Everyone wants to stop crime in the country,” Mausoom said. ”The crime rate has risen in the capital Male’ and big islands of the country.”

Mausoom said anybody who used ‘weapons’ should not be arrested, as they were used for many purposes.

”For instance, people living in the islands – in the early morning they are out working with their axes, knives and other sharp objects,” he said.

He said the most effective solution for rising crime was to have community participation.

Press Secretary for the President Mohamed Zuhair said the bill would help to avoid crimes in many ways.

”The bill will provide a wide range of powers to police to remove the offender,” Zuhair said.

Zuhair said everyone with a knife would not be deemed a criminal, but ”all criminals are now armed with a knife.”

He said the bill was rather an effective ban on threatening a person’s well being.

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Police summon DRP MPs for questioning over parliamentary brawl

Police yesterday summoned Dhivehi Rayyithunge Party (DRP) Vice president and MP Ali Waheed, DRP Vice president and MP Ahmed Ilham and DRP MP Ahmed Mahloof to police headquarters for questioning regarding last week’s brawl in parliament.

Waheed told the press that he assumed the police had summoned him in order to congratulate him on the no-confidence vote against Auditor General Ibrahim Naeem.

He said that the police questioned him about several cases, ”including a gathering near the president’s official residence, Muleeage, and about the brawl in parliament. They put the blame on us for everything happening in Male’,” Waheed said.

He claimed the questioning was a result of President Mohamed Nasheed “trying to stop us from making the government more responsible.”

”He thinks we will be afraid and back off,” he said, ”but that encourages us more.”

He said it was the DRP MPs who should have summoned the police, and questioned why they were taken into police custody on Thursday night.

”The government is planning to stop our activities and threaten us,” he said.

Ilham and Mahlouf told the press they chose to remain silent.

Press secretary for the president Mohamed Zuhair said the government had no role in the police questioning or arrest of DRP MPs, and that anyone disturbing the peace of country could expect to be arrested.

”Police will arrest them if they see them indulging in violent activity,” Zuhair said. “They were throwing rocks and chairs at a peaceful religious gathering. It’s like throwing stones at a mosque – police can’t simply ignore the matter because the throwers are MPs.”

Zuhair said he wished to repeat a quote made by former president Maumoon Abdul Gayoom: ”No one is above the law”, and noted that the MPs were not arrested by ”temporarily kept in police custody.”

”The police will forward all the cases to the Prosecutor General when they have enough evidence,” he said.

”They are blaming president Nasheed just to gain political support, but the public won’t be fooled.”

Police Sub Inspector Ahmed Shiyam said the police was not just summoning the DRP MPs.

”We are investigating a case presented to us by the parliament,” Shiyam said. ”There are many independent MPs and MDP MPs to be brought for questioning.”

He said the details could not be given as police were currently investigating the case.

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Parliament votes to dismiss Auditor General 43-28 in favour

Parliament today voted to dismiss Auditor General Ibrahim Naeem, with 43 voting in favour of the no-confidence motion and 28 against.

President Mohamed Nasheed was last night reported to be seeking to urgently meet with MPs, foregoing a function marking the close of the donor conference.

Maldivian Democratic Party (MDP) MP Mohamed Shifaz said all the party’s MPs had voted against the no-confidence motion on Auditor General ”as it was a responsibility of the government to defend all its institutions, and we are on the government’s side.”

On the other side, MPs of the opposition Dhivehi Rayyithunge Party-People’s Alliance (DRP-PA) coalition were joined by seven independents, the two Dhivehi Qaumee Party MPs and the sole Republican Party representative.

Shifaz said he believed the Auditor General had not committed anything that warranted a no-confidence motion.

”DRP want to remove him from that position due to the reports he released, which accused many senior leaders of corruption including former president,” he said. ”They had personal issues with him.”

He claimed the parliament procedures need to be changed and there were many things to be corrected.

”The speaker has not revealed the Anti-Corruption Commissions report to MPs yet, because it contains things which accuse his own party’s members of corruption,” Shifaz claimed.

DRP MP Ahmed Ilham said it was now “very clear” that the Auditor General was corrupt.

”Independent MPs who always vote on MDP side voted on DRP side today,” Ilham said.

He said the government was trying to defend Naeem in many ways, “which proves that the government is promoting corruption in the country in the name of erasing it,” he said.

”MDP MPs forced the parliament to be canceled two days, and MDP activists disrupted the peace of the nation just to defend the Auditor General.”

Ilham said that if there was a credible corruption case against former president Maumoon Abdul Gayoom, “the government should not wait a single second before investigating those cases.”

”Those are just rumors they spread,” he said. “Why won’t the government go ahead and prove it to the people?”

Ilham said while people believed Naeem was independent as the Audit Office was a independent institution, ”that the government tried to defend him proves he was a man fully on MDP’s side.”

Naeem was appointed by Former President Gayoom and a DRP-majority Majlis.

What happened

The Auditor General was accused of corruption by the Anti-Corruption Commission (ACC) for using the government’s money to buy a tie and visit Thulhaidhu in Baa Atoll.

Naeem claimed the charges were an attempt to discredit his office and prevent him from reclaiming the government’s money stored in overseas bank accounts.

“A lot of the government’s money was taken through corrupt [means] and saved in the banks of England, Switzerland, Singapore and Malaysia,” Naeem claimed two weeks ago, during his first press conference in eight months.

The motion to dismiss him was put forward by the parliamentary finance committee, chaired by Deputy Speaker Ahmed Nazim, who the previous week had pleaded not guilty to charges of conspiracy to defraud the former ministry of atolls development while be was Managing Director of Namira Engineering and Trading Pvt Ltd.

Tension over the motion led to violent clashes inside parliament, which spread to supporters of both major parties outside the chamber. Police were forced to use tear gas on several occasions over the weekend to subdue crowds of violent demonstrators.

Press Secretary for the President Mohamed Zuhair claimed the DRP were trying to remove Naeem because he had accused the party’s senior leaders of corruption during their administration.

”They are intending to spread doubt among the people, and they think it will be easier to defend themselves if the Auditor General is dismissed,” Zuhair said.

The dismissal of the Auditor General would “not be a big loss” to the government’s attempts to recover the money, ”as there are many professional accountants in the Audit Office”, Zuhair said.

He said all the political benefits being attributed to the no-confidence motion on Auditor General were due the government, ”as [Naeem] was elected by a majority of DRP MPs.”

The dismissal of the Auditor General is unlikely to slow the government’s appetite for reclaiming state funds it believes are stashed overseas.

Today during the closure of Donor Conference, President Mohamed Nasheed confirmed that a “stolen asset recovery program is part-and-parcel of the World Bank projects.”

“We are a member of that program and will of course be working within the framework available to us,” he said.

“If there are any stolen assets I’m sure we will be able to identify them, and if they are ill-gotten I sure we will we will be able to repatriate them.”

There was “no timeline”, the President added.

The Stolen Asset Recovery program (StAR) is a 2007 joint initiative between the World Bank and the UN Office of Drugs and Crime (UNODC), which according to UN Secretary General Ban Ki-moon, “fosters much needed cooperation between developed and developing countries and between the public and private sectors to ensure that looted assets are returned to their rightful owners.”

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AG proposes narrowing ‘the right to remain silent’

The Attorney General Husnu Suood has proposed a bill to be presented to parliament removing the right to remain silent during investigation of people suspected of commit serious crimes.

The bill removes the right given under Article 48[N] of the Constitution that a person need only reveal their name and thereafter remain silent during police questioning.

The bill proposes that the right to remain silent should be removed in such cases such as threatening a person, attacking a person or his property, assault on a person using sharp objects or weapons, murder, drug trafficking, storing drugs to deal, importing drugs, using a sharp object or dangerous weapon in public without a valid reason, storing a sharp object in secret without a valid reason, gang rape and terrorism.

Press Secretary for the President Mohamed Zuhair said that the government believed it was necessary to remove the right to remaining silent on these cases.

”Why should we provide the right to remain silent for a man arrested with five kilograms of dope?” Zuhair asked.

”If the bill is passed people arrested in connection with these kind of crimes will be convicted for objection to order if they remain silent.”

He said the police would only arrest a person in the first place if they had conclusive evidence.

Spokesperson for the Maldivian Democratic Party (MDP) parliamentary group Mohamed Shifaz said the MPs had tried very hard to introduce the right to remain silent.

”The government would try to remove it in certain cases only when they notice a credible reason,” Shifaz said.

Vice president of Dhivehi Rayyithunge Party (DRP) Umar Naseer, a former police officer, agreed, saying the right to remain silent “should be removed for all the cases.”

”This would make it very easy to prosecute criminals, so I think it is very important,” he said.

The Maldivian Detainee Network issued a statement saying it was “concerned by the news that the Attorney General proposes to narrow fundamental rights afforded to persons accused of certain serious crimes.”

“We urge the Attorney General and Parliament to ensure that any legislation proposed or passed fully embodies the principle that all persons are innocent until proven guilty. Furthermore, any narrowing of rights must be done in accordance with Article 16 of the Constitution which states that “Any such law enacted by the People’s Majlis can limit the rights and freedoms to any extent only if demonstrably justified in a free and democratic society.”

The NGO added that while it was concerned about the recent rise in crime and “the inability to successfully prosecute criminals, we would like to caution against reactionary steps which threaten fundamental rights.”

“The answer to rising crime in society is the full and effective implementation of a rights-based system by addressing the numerous issues within the criminal justice system,” it urged.

“The rush to discard fundamental rights is not only a short-sighted strategy which not only ignores the moral and practical imperatives behind those rights, but also risks returning to a society in which innocent citizens needed to fear the criminal justice system.”

Deputy Attorney General Abdulla Muiz did not respond to Minivan News at time of press.

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Bill on government preschools to appear before parliament

A bill governing pre-schools has been presented to parliament by Independent MP Ahmed Shiyam and was accepted by all 64 members present.

If the bill is approved the government would assume responsibility for funding the country’s preschools, which are now largely privately operated.

Deputy Minister for Education Shifa Mohamed said preschools were very important as they represented the first stage of education.

But she also noted that it was very difficult for the government to handle and develop preschools at a time when it was focusing on widening the availability of higher education.

”It would be very difficult for the government to handle the preschools as the country’s economic condition is also not very good, and I do not think the approved budget would be sufficient,” Shifa said.

She called on the MPs to include sufficient funding in the budget and increase it as necessary.

Press Secretary for the President’s Office Mohamed Zuhair said the government supported the preschool bill, approved by the majority of MDP MPs as well.

”Every one dollar spent on preschool education represents seven dollars saved in secondary,” he explained.

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