parliament – Page 11 – Minivan News

Harbour construction on-going in 48 islands, says housing minister

Harbour construction is on-going in 48 islands while work is expected to begin in a further 10 islands during the year, Minister of Housing and Infrastructure Dr Mohamed Muiz informed parliament yesterday.

Appearing for minister’s question time, Muiz said projects for six islands have been sent to the tender board last week.

“Our hope is to solve the problem in the next year or so for all islands facing embarking and disembarking difficulties. God willing, we will achieve this,” he said.

Opposition Maldivian Democratic Party (MDP) MP Mariya Ahmed Didi had asked Muiz how many harbours have been constructed since the current administration took office in November.

The former MDP chairperson said 58 harbours were constructed during the three years of former President Mohamed Nasheed’s administration.

Kuribee and Nellaidhoo harbours

Muiz was summoned to respond to a question tabled by MDP MP for Vaikaradhoo, Mohamed Nazim, concerning harbour construction on two islands in his constituency.

Nazim noted that President Abdulla Yameen had pledged to expand the Kuribee harbour and that work had stalled on the Nellaidhoo harbour.

Muiz explained that construction began in Kuribee in 2011 for a 300-feet long and 150-feet wide harbour while the harbour in Nellaidhoo was to be 400-feet long and 150-feet wide.

Both projects were awarded to the Works Corporation Ltd (WCL) under contractor finance rules with the government-owned corporation providing equipment and material, he said, which then subcontracted Heavy Force Pvt Ltd for MVR21.5million (US$1.3 million).

However, construction stalled over difficulties faced by WCL in providing reinforcement boulders and the subcontractor stopped work on July 2012 after dredging and quay wall construction.

Of the 34 projects awarded to WCL in 2010 and 2011, an audit found that the government canceled 24 after the corporation failed to commence work. WCL had completed only one infrastructure project.

In late 2012, former President Dr Mohamed Waheed dissolved WCL and formed an office called public works under the Ministry of Housing and Infrastructure.

The public works division subcontracted Heavy Force to carry out the remaining work, Muiz continued, and agreed to provide equipment and material through the State Trading Organisation (STO).

“However, STO also faced difficulties providing reinforcement boulders and the work stalled for about 14 months with Heavy Force unable to continue,” he said.

Project changes

The present administration subsequently changed the project to a normal material and labour contract – “as is done in other islands” – and subcontracted Heavy Force for a cost of MVR36.3 million (US$2.3 million) in February this year, he revealed.

Muiz stressed that the decision was made based on the “counsel and advice” from elders and councillors from both islands.

As Kuribee islanders had requested widening the harbour to 200-feet and President Yameen had pledged to do so during a campaign trip, Muiz said the old quay wall had to be rebuilt with an additional 50-feet dug into the island.

Muiz said further “variations” would be undesirable as the project has been costly.

Public finance regulations stipulate a 10 percent limit for variations to projects, he explained, adding that the tender board only allowed exceptions on rare occasions.

On the stalled project in Nellaidhoo, Muiz said the both the contractor and supervising staff from the ministry had said that construction was proving difficult due to strong ocean currents.

The ministry and the contractor decided to build the outer seawall first, Muiz revealed, which is expected to begin in a month.

“Our target is to finish the harbours on both islands during this year,” he said.

In a follow-up question, however, MP Nazim said Kuribee islanders wanted the length of the harbour increased as well.

In response, Muiz said additional changes could be made in another phase after completing the project and “seeing how it is being used.”

Muiz also offered updates to a number of other MPs about harbour construction for islands in their constituencies. While harbour construction usually takes 12 months, he explained that delays were often caused by shortage of material.

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Majlis approves president’s nominees for Police Integrity Commission

President Abdulla Yameen’s nominees to replace three members of the Police Integrity Commission (PIC) at the expiration of their five-year terms were approved at today’s sitting of parliament.

The three new members of the police watchdog body are Fathmath Sareera Ali Shareef, of special registry number 1320, Mohamed Farhad, of Seenu Meedhoo Hasankaarige, and Ali Nadheem, of Henveiru Gloriosa.

While Sareera and Nadheem were approved with 73 votes in favour and none against, Farhad was approved with 56 votes in favour and 18 against.

The president’s nominee to replace a fourth member on the PIC – who had resigned – was meanwhile rejected today. Adam Zahir, of Maafanu Kurolhi, was rejected with 61 against, five votes in favour, and three abstentions.

The People’s Majlis also passed government-sponsored amendments to the Lagan, Derelict, Flotsam and Jetsam Ownership Act of 1998 with 74 votes in favour and none against.

Amendments to the Police Act of 2008 was meanwhile accepted and sent to committee for further review with 74 votes in favour.

Both amendments were proposed by the government to make minor revisions to remove inconsistencies with the new constitution adopted in August 2008.

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Five police brutality cases from February 2012 ongoing at court, AG tells Majlis

Five cases involving four police officers accused of committing acts of brutality in February 2012 are ongoing at the Criminal Court, Attorney General Mohamed Anil informed parliament today.

At minister’s question time, opposition Maldivian Democratic Party (MDP) MP Eva Abdulla asked how far investigations into police brutality – as recommended by the 2012 Commission of National Inquiry’s (CoNI) – had progressed.

“With respect to the administration of justice, in particular concerning allegations of police brutality and acts of intimidation, there is an urgent need for investigations to proceed and to be brought to public knowledge with perpetrators held to account and appropriately sanctioned,” read the second recommendation of the report.

While it concluded that the transfer of presidential power was constitutional, CoNI had found that “there were acts of police brutality on 6, 7 and 8 February 2012 that must be investigated and pursued further by the relevant authorities.”

Anil explained that the Police Integrity Commission (PIC) had investigated 45 cases of alleged police brutality and made a recommendation to the home ministry to dismiss six police officers.

After the ministry instructed police to take disciplinary action against the officers, the police disciplinary board investigated the cases and sacked one officer.

However, the disciplinary board decided there was insufficient evidence to prove wrongdoing by the other five officers and decided not to dismiss them pending the outcome of a trial.

Four of the accused officers were nonetheless removed from “front line” duty and transferred to different departments, noted the attorney general.

The PIC had also submitted cases involving six police officers to the Prosecutor General’s (PG) Office to press assault charges, he continued.

Of the cases filed at the Criminal Court by the PG’s Office, Anil said one case had been concluded and has since been appealed at the High Court.

Moreover, he added, cases involving three other officers were sent back to the PIC due to incomplete information with instructions for resubmission.

The PG’s Office also decided not to prosecute three police officers accused of obeying “unlawful orders,” Anil noted.

Of the 45 cases investigated by the PIC, the attorney general explained that the commission decided there was no evidence concerning 14 complaints, while there was insufficient evidence to identify the officers responsible for 11 acts of brutality.

The remaining cases involved procedural violations, he added, concerning which the PIC recommended strengthening institutional mechanisms.

Following the recommendation to the home ministry, Anil said efforts were undertaken to familiarise police officers with laws and regulations as well as to strengthen ethical training, while further courses were formulated and conducted.

Police brutality

On February 8, 2012, thousands of MDP supporters took to the streets of Malé in a protest march after former President Mohamed Nasheed declared his resignation the previous day had come “under duress” in a “coup d’etat” instigated by mutinying police officers of the Special Operations (SO).

Following an investigation, the Human Rights Commission of Maldives (HRCM) concluded that the heavy-handed police crackdown on the MDP walk was “brutal” and “without warning.”

The HRCM recommended investigations by the PIC into the “disproportionate” use of force that left dozens of demonstrators injured and hospitalised.

In May 2013, the PG’s Office pressed charges against two police officers accused of assaulting MDP MPs ‘Reeko’ Moosa Manik and Mariya Ahmed Didi during the violent crackdown.

Amnesty International meanwhile warned that failure to prosecute police officers accused of human rights abuses and “serious failings in the justice system entrenched impunity”.

In June 2013, former PIC member Hala Hameed told parliament’s government oversight committee that the cases involving the six police officers were “not disciplinary issues, but crimes,” expressing concern with the home minister’s refusal to suspend the officers.

Moreover, former PIC Chair Shahinda Ismail told Minivan News in September 2012 that a staff sergeant caught on tape kicking a fallen demonstrator “was promoted after this incident.”

In February this year, Shahinda told Minivan News that detainees arrested in Addu City on February 9 were “forced to walk on smoldering coals”.

According to the HRCM report, 32 people filed complaints concerning varying degrees of injuries sustained in the crackdown, while 20 people submitted medical documents of their treatment of injuries.

Two fingers on the left hand of one demonstrator were crushed, the report noted.

Al Jazeera filmed parts of the crackdown, reporting that “police and military charged, beating demonstrators as they ran – women, the elderly, [with] dozens left nursing their wounds”. The BBC meanwhile reported “a baton charge by police on crowds gathered outside one of the main hospitals.”

In a report in May 2013, the UN Special Rapporteur for Independence of Judges and Lawyers Gabriela Knaul warned that there could be more instability and unrest unless serious human rights violations of Maldives’ authoritarian past are addressed.

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MPs debate allowing civil servants to campaign for public office

The government has proposed revisions to the Civil Service Act that would allow civil servants to campaign for public office without resigning from their jobs.

“If these amendments are passed, our civil service employees would be able to campaign for elected posts while remaining in their jobs and have the opportunity contest elections,” explained Progressive Party of Maldives (PPM) MP Mohamed Ameeth Ahmed Manik at today’s sitting of the People’s Majlis.

Presenting the legislation (Dhivehi) on behalf of the government, the MP for Raa Madduvari explained that the amendments to the 2007 law were part of a raft of bills proposed by the government to bring outdated laws in line with the new constitution adopted in August 2008.

Opposition MPs have expressed concern that the changes may lead to the politicisation of the civil service, which currently employs just under 25,000 Maldivians – over 7 percent of the population.

Ameeth meanwhile noted that the Supreme Court had ruled Article 53 of the act was unconstitutional.

In September 2011, the Supreme Court backed a ruling against the prevention of civil servants’ participation in political activities.

The courts referred to Article 30(a) of the Constitution, which states, “Every citizen has the right to establish and to participate in the activities of political parties.”

The case was filed at High Court in late 2008 by Mohamed Hanim, who was demoted from his post as director general at the Ministry of Youth and Sports after he spoke at a campaign rally of the then-opposition Dhivehi Rayyithunge Party.

Ameeth noted today, however, that the revisions would establish boundaries for civil servants who wish to be active in politics.

The amendments would prohibit civil servants from using powers to directly or indirectly influence political activities as well as participating in political activity either during official working hours or in a way that casts doubt on impartiality in the performance of duties.

Additionally, civil servants would be prohibited from filling any post in a political party or submitting a form to register a political party.

The restrictions were necessary to ensure that the civil service was free of political bias and undue influence, Ameeth said.

The amendments also stipulate that political appointees, judges, employees at state-owned enterprises, soldiers, and staff at the judiciary and parliament would not be considered civil servants.

Article 77(d) of the Civil Service Act – which prohibits campaigning for public office – would meanwhile be abolished.

Despite Ameeth’s claims, however, the bill does not propose abolishing Article 51 of the act, which stipulates that civil servants must resign six months ahead of contesting an election.

Conceding that the draft legislation could have shortcomings, Ameeth appealed for MPs to offer “constructive” criticism and noted that stakeholders could be consulted at the committee stage to address concerns of civil servants.

Debate

In the ensuing debate, opposition Maldivian Democratic Party (MDP) MP Ali Azim alleged that the main purpose of the bill was to “force all civil servants to join PPM.”

He further claimed that employees hired for government-owned corporations were forced to sign PPM membership forms.

MDP MP Abdulla Shahid – former speaker of parliament – contended that the amendments would return civil servants to the “enslavement” of the years before 2007, warning that it could be used to dismiss large numbers of civil servants.

Civil servants could be fired if they refuse to attend “certain rallies” or put up campaign posters, he claimed.

MDP MP ‘Reeko’ Moosa Manik meanwhile called on the government to set a minimum wage of MVR4,500 (US$292) a month for civil servants.

Statistics published by the Civil Service Commission in June showed an estimated 40 percent of civil servants are paid less than MVR4,999 (US$324) per month.

MDP MP Mariya Ahmed Didi noted that current President Abdulla Yameen – who resigned from the government and formed the People’s Alliance party in 2008 – had backed the legislation in the 16th parliament (2003-2008).

The prohibitions in the law were intended to establish a “professional civil service” and ensure “institutional memory,” she said.

Civil servants would have an undue advantage over other candidates since they could misuse their authority, she suggested.

Majority Leader Ahmed Nihan, however, insisted that former President Maumoon Abdul Gayoom deserved “full credit” for creating an independent civil service.

The present administration also deserved gratitude and praise from civil servants for ensuring the right to participate in political activity, he added.

MP Ahmed Amir of the Maldives Development Alliance (MDA) – coalition partner of the ruling PPM – meanwhile suggested seeking advice from the Supreme Court when the legislation is reviewed by committee.

While the amendments prohibit civil servants from being a signatory to a request to form a political party, Amir noted that the constitution guarantees the right to form political parties to all citizens.

PPM MP Abdulla Rifau said it was “regrettable” that parliament had not amended the law in light of the Supreme Court ruling.

The PPM government would ensure that civil servants receive a pay rise when the economy improves, he added.

Rifau went on to accuse employees in the health sector of “pestering” the government with politically motivated acts of sabotage.

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Majlis members send six bills to committee

Six pieces of legislation submitted on behalf of the government by Progressive Party of Maldives MPs were sent to committee for further review at today’s sitting of parliament.

The bills include amendments to the Goods and Service Tax Act, amendments to the Immigration Act, a bill to repeal an outdated law on allowing detention for more than seven days, amendments to the Civil Service Act, amendments to the Human Rights Commission of Maldives Act, and amendments to a number of laws to remove inconsistencies with the Decentralisation Act.

While most of the bills were accepted and sent to committee with comfortable majorities of between 50 to 64 votes, the proposed amendment to the Immigration Act was accepted with 46 votes in favour and 19 against

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Amendments to Audit Act sent to committee

Amendments submitted on behalf of the government by Progressive Party of Maldives MP Mohamed Waheed Ibrahim to the Audit Act of 2007 were sent to the economic affairs committee for further review today.

Following preliminary debate, the amendment bill (Dhivehi) was accepted with 55 votes in favour and two abstentions.

The legislation is part of a raft of bills submitted by the government to abolish provisions in conflict with the new constitution adopted in August 2008.

Preliminary debate meanwhile continued at today’s sitting on government-sponsored amendments to the Immigration Act with 34 MPs participating in the debate.

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Majlis approves Criminal Court Judge Muhthaz Muhsin for prosecutor general post

The People’s Majlis has today approved Criminal Court Judge Muhthaz Muhsin for the post of prosecutor general (PG).

Muhsin’s nomination for the role – vacant since November – received 62 votes in favour, and seven votes against, while 12 MPs abstained.

President Abdulla Yameen had nominated Muhsin and his nephew Maumoon Hameed for parliamentary approval on June 2. As Muhsin’s name was put to a vote first and approved, Speaker Abdulla Maseeh Mohamed did not call a vote for Hameed.

Thirteen MPs of the opposition Maldivian Democratic Party (MDP) also voted in favour of Muhsin.

They were Addu Meedhoo MP Rozaina Adam, Felidhoo MP Ahmed Marzooq, Hithadhoo South MP Ali Nizar, mid-Hithadhoo MP Ibrahim Mohamed Didi, Hulhuhenveiru MP ‘Reeko’ Moosa Manik, Komandoo MP Ahmed Nashid, Kulhudhufushi North MP Abdul Gafoor Moosa, Kurendhoo MP Abdul Bari Abdulla, Addu Maradhoo MP Ibrahim Shareef, mid-Henveiru MP Ali Azim, Mulaku MP Ibrahim Naseer, Vaikaradhoo MP Mohamed Nazim, and Velidhoo MP Abdulla Yameen.

While the Jumhooree Party (JP) decided today that its 12 MPs would abstain in the vote, JP MP for Kendhoo Ali Hussain voted in favour of Muhsin.

MDP MP for Alifushi, Mohamed Rasheed Hussain ‘Bigey’, joined the remaining 11 JP MPs in abstaining while all seven MPs who voted against Muhsin belonged to the opposition MDP.

The MDP parliamentary group had reportedly decided last night to issue a three-line whip against Hameed and to give its 23 MPs a free whip to vote as they chose for Muhsin.

With 20 MPs in attendance at parliamentary group meeting last night, the proposal by Deputy Speaker Moosa Manik was passed with 13 votes in favour.

Meanwhile, at a parliamentary group meeting on Saturday (July 19), MPs of the Progressive Party of Maldives (PPM) decided to endorse Muhsin despite the party’s leader, former President Maumoon Abdul Gayoom, urging ruling party MPs to vote for his nephew Maumoon Hameed.

Majority Leader MP Ahmed Nihan confirmed to Minivan News that a three-line whip was also issued for PPM MPs to vote for Muhsin.

All PPM MPs in attendance along with MPs of coalition partner Maldives Development Alliance (MDA) voted in favour of approving Muhsin as the new PG.

“Puppet”

Maumoon Hameed has meanwhile criticised the PPM MPs’ decision on his Facebook page.

“The reasoning behind the decision of the PPM parliamentary group this afternoon apparently went something like this: ‘He won’t do as he’s told!'” he wrote.

“Given this reasoning, and the evident desire to install a puppet instead of someone who will uphold the law without fear or favour, I applaud the decision to endorse someone (anyone!) other than me.”

Responding to the post, former MP Mohamed ‘Colonel’ Nasheed alleged that PPM MPs on the independent institutions oversight committee were instructed to award zero percent to Hameed and 100 percent to Muhsin during the vetting process.

Following evaluation of the nominees at a closed session based on academic qualifications, experience, and competence, the oversight committee awarded Hameed 33 percent and Muhsin 67 percent and decided against recommending either nominee for approval.

In a letter to PPM Parliamentary Group Leader Nihan demanding an explanation of the PPM-majority committee’s decision, Gayoom had contended that the committee meeting where the nominees were interviewed was conducted in violation of parliamentary rules.

In the wake of the PPM parliamentary group’s decision to vote for Muhsin, MDP MP Rozaina Adam meanwhile tweeted, “Could President Yameen publicly humiliate President Gayoom more than this? Yameen’s choice is very clear.”

Vacant PG post

Rozaina also alleged that Yameen had conspired for the previous parliament to reject Maumoon Hameed in April by ensuring that several PPM MPs would be absent for the vote.

Several pro-government MPs – including Nihan who was with President Yameen in Japan and MDA Leader Ahmed Siyam – were conspicuously absent at the sitting, which saw Hameed fail to garner the required 39 votes after falling just three votes short.

According to Article 221 of the Constitution, “The President shall appoint as Prosecutor General a person approved by a majority of the total membership of the People’s Majlis from the names submitted to the People’s Majlis as provided for in law.”

Following the previous parliament’s rejection of Hameed, President Yameen refused to submit a new nominee and opened up a third call for applicants, announcing his intention to nominate Hameed for a second time to the newly elected 18th People’s Majlis.

The PG’s post has been vacant since November 25 following the resignation of Ahmed Muiz ahead of a scheduled no-confidence motion in parliament.

Meanwhile, Acting PG Hussein Shameem’s resignation in early May brought the criminal justice system to a halt after state prosecutors went on strike, citing concerns of a lack of accountability in the absence of a PG.

However, the Supreme Court ordered prosecutors to resume work “without any further excuse” and ordered the seniormost official at the PG office to assume the PG’s responsibilities.

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Parliament approves new information commissioner, deputy MMA governor

Parliament has today approved former Progressive Party of Maldives (PPM) MP for Laamu Maavah, Abdul Azeez Jamal Abubakur, to the newly created post of information commissioner with 60 votes in favour, 19 votes against, and two abstentions.

The office of the information commissioner was established earlier this month by President Abdulla Yameen under the landmark Right to Information (RTI) Act.

The commissioner’s tenure is five years and has the power enforce a fine on information officers who deliberately refuse access to information. Such a fine may not exceed MVR5000 (US$324).

The commissioner may also fine any individual who destroys requested information, obstructs a public authority or the Information Officer’s from providing access to information. Such a fine may not exceed MVR25,000 (US$ 1621).

Parliament also approved the reappointment of Aishath Zahira as the deputy governor of the Maldives Monetary Authority with unanimous consent of 80 MPs participating in the vote.

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Criminal records cleared for over 2,000 youths, home minister informs parliament

Criminal records of more than 2,000 youth have been cleared or expunged since the current administration took office in November, Home Minister Umar Naseer told parliament last week.

Appearing for minister’s question time at Wednesday’s sitting of parliament, Naseer explained that criminal records are cleared for suspects involved in cases that are not forwarded for prosecution following investigation by police.

Criminal records would not be cleared for suspects whose cases are sent to the Prosecutor General’s (PG) Office, he added.

“So we are following that rule now and the number of youth with criminal records will be fewer than before now,” he said.

However, Naseer stressed that the Home Ministry could not expunge all criminal records as “this involves employers’ rights as well”.

Employers needed to “know who they are giving a job to,” Naseer said.

The home minister was responding to a question from Progressive Party of Maldives (PPM) MP for Addu Feydhoo, Ibrahim Didi, who said he received a lot of calls from young people in his constituency who were unable to get jobs due to criminal records.

Most of the youth had criminal records for minor offences, he said.

In January, police revealed that records of 1,023 persons arrested for various offences were cleared under an initiative to provide job opportunities to youth.

A 2012 report on gang culture in the Maldives noted that lack of employment opportunities was one of the main reasons young people join criminal gangs.

Criminal records even for minor offences are not cleared for five years, the report noted.

“Sustained effort”

Meanwhile, in April, President Abdulla Yameen granted clemency to 169 convicts serving jail sentences or under house arrest or banishment following an announcement at a campaign rally in Fuvahmulah.

Naseer told Minivan News in the wake of President Yameen’s announcement that the release of inmates would not present any difficulties to ongoing efforts to combat drug trafficking.

“It will not be a hindrance because the present Clemency Act prevents serious offenders from being released. Furthermore, this process will be monitored by the Home Ministry,” he said.

President Yameen also commuted the sentences of 24 inmates in January while his predecessor Dr Mohamed Waheed released 39 convicts during his last days in office.

The “main difficulty” at present for law enforcement was the delay in concluding cases through the criminal justice system, Naseer told MPs.

While the role of police was over after sending a case for prosecution, Naseer said cases were often delayed either at the PG’s Office or at court.

Asked about efforts to combat drug trafficking, Naseer said he estimated a period of 15 years would be needed with a “sustained effort” by successive administrations to address the country’s drug problem.

The police Drug Enforcement Department (DED) has conducted more operations in the past six months than was previously conducted in one year, Naseer claimed.

More drugs were also seized in the past six months than previous years, he added.

Discussions have taken place “at the technical committee level” with airport operators and customs officials to “seal” all points of entry, Naseer said.

In an interview with Minivan News in January, Naseer said that the main target of his ministry for the next five years would be curbing drug-related crimes.

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