Tag: parliament

Sheikh Ilyas again summoned to Parliament Committee; says MPs “ignorant of Islamic ways”

Parliament’s Penal Code draft committee has once again decided to summon Chair of Adhaalath Party Religious Council and member of Maldives Fiqh Acadamy Sheikh Ilyas Hussain, after he failed to attend the committee’s previous summons.

The committee stated that it has asked Sheikh Ilyas to attend a committee meeting on May 15 regarding a sermon he gave at the Furugan Mosque in March titled “The Purpose of Islamic Shariah”.

In the sermon, Ilyas swore to God that the Penal Code was intended to destroy the religion of Islam. Calling the penal code “a trap made by the West” to eradicate Islam in the name of Muslims, Ilyas alleged that it did not have penalties for fornication, theft, corruption, forgery, or robbery. He further claimed the code stipulated that if a person claimed they were intoxicated when committing a crime, then they would not be subjected to punishment.

After the initial decision to summon Ilyas, Penal Code Committee Chair Maldivian Democratic Party (MDP) MP Ahmed Hamza rejected the Sheikh’s claims and stated that “[Sheikh Ilyas] has told the public that there are some provisions in the Penal Code that are not in it. We want to bring him and have a chat and inform him about the provisions that are there in the Penal Code.”

“MPs summon me as they are ignorant of the ways of Islam”: Ilyas

Upon being summoned to parliament again, Sheikh Ilyas told local media that the committee continued to summon him only because they were ignorant of the Islamic way regarding the matters he had raised.

Ilyas stated that the parliament members who sat in the committee had insisted that the Penal Code did not have any clauses against Islamic principles, but only because none of them possessed sufficient religious education to understand the reality. He added that he will would explain the matter to the MPs through verses of the Quran and the sayings of the Prophet when he attends the committee meeting.

Ilyas further stated that the bill has a number of clauses which contradicted the penalties defined in Islamic Sharia, and that it had many “deceptive clauses”.

“I will strip the MPs naked”: Ilyas

Sheikh Ilyas was also reported in local media as stating that he would “strip the MPs naked” if he is summoned to the Penal Code Committee.

“I am willing to attend the committee. I will not be called Sheikh Ilyas if I fail to strip them naked. What will they prove? Who gave these people the right to take out the penalties defined in the Quran and categorise them into Part 1 and Part 2?” Ilyas stated.

Ilyas also called on all Maldivian media to broadcast the committee meeting which he is to attend live on TV.

Ilyas made the comments at the gathering held by Adhaalath Party and the National Movement at the Artificial Beach on April 30.

The Adhaalath Party has previously alleged that the parliament committee had added a clause to the Penal Code after Sheikh Ilyas gave the sermon in the Furugan Mosque, and accused the committee of orchestrating a cover up.

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Senior Customs officials summoned to parliament in connection with Arthur brothers

The Parliament’s Government Oversight Committee has summoned the Commissioner General of Customs Department Mohamed Ashwan and other senior officials of Customs Department over a matter concerning the Artur brothers.

Earlier in April pictures of Artur brothers with the Tourism Minister Ahmed Adheeb and Defence Minister Mohamed Nazim emerged on the social media.

The ministers denied involvement with the infamous brothers, who are linked with drug trafficking, money laundering, raids on media outlets and other serious crimes in Kenya.

The committee meeting was closed to the public and the media following a request made by the customs department.

According to newspaper Haveeru, four officials from the customs department appeared before the committee.

Haveeru reported that the officials were summoned to clarify the nature of goods imported to the Maldives by the Arthur brothers,  and to find out what were the suspicions against them.

In a previous meeting held with senior customs officials, Ashwan reportedly told the MPs that the matter was a “very dangerous case” and that he would provide all the details in a closed meeting as there were Maldivians involved in the matter.

Photos of the Arturs in the company of the two Maldivian ministers emerged on social media, apparently taken during the Piston Motor Racing Challenge held on Hulhumale’ between January 25 and 26.

A letter from the Tourism Ministry to immigration authorities requesting a residency visa for Margaryan and Sargayan Artur, dated January 27 and signed by Adheeb, was subsequently leaked on social media.

A company named ‘Artur Brothers World Connections’ was registered in the Maldives in October 2012, with the Artur brothers holding an 80 percent share in a 61-19 percent split.

French nationals identified as Godzine Sargsyan and Edga Sargsyan had a 10 and 7 percent share, while a Maldivian national Ismail Waseem of H. Ever Chance was listed as holding the remaining 3 percent.

Waseem’s share was subsequently transferred to Abdulla Shaffath of H. Ever Peace on November 25.

Police have meanwhile issued a statement asking for public assistance in locating one of the Artur brothers, Godzine Sargsyan.

Police said Godzine was a French national who came to the Maldives under the passport number 10CZ05238.

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Parliament’s Penal Code Committee to summon Sheikh Ilyas for “misleading public”

Parliament’s committee responsible for the new Penal Code has decided to summon Chair of Adhaalath Party Religious Council and a member of Maldives Fiqh Academy, Sheikh Ilyas Hussein.

The committee decided to summon Ilyas on the grounds that he had made ‘’misleading’’ comments suggesting that the purpose of the penal code was to “destroy the religion of Islam”.

The decision was made during last Thursday’s meeting. During the meeting, Maldivian Democratic Party (MDP) MP Nazim Rashad proposed that the committee summon Ilyas to clarify doubts he may have regarding the Penal Code and to clarify how much the Penal Code incorporated the principles and penalties in Islam.

According to local media, on March 22, Sheikh Ilyas held a religious sermon dubbed ‘Purpose of Islamic Shariah’ at the Furuqan Mosque after Isha Prayers, and there he swore to God that the Penal Code was made to destroy the religion of Islam.

Speaking to Minivan News today, the Chair of Penal Code Committee MDP MP Ahmed Hamza said the committee had asked the parliament secretariat to send notice to Sheikh Ilyas to produce himself before the committee on Tuesday.

“He has told the public that there are some provisions in the Penal Code that are not in it,” Hamza said. “We want to bring him in and have a chat and inform him about the provisions that are there in the Penal Code.”

Hamza said the Penal Code included provisions stating that theft and fornication were crimes.

“It also has a provision on flogging,” Hamza added.

Local media reported that during the sermon, Ilyas had declared that the Penal Code did not have penalties for fornication, theft, corruption, forgery or robbery, and if a person commits a crime while intoxicated, the person is not subject to punishment. He also claimed that according to the new penal code, it was not a crime for two people to have consensual sex.

Ilyas declared that the Penal Code was “a trap made by the West” to erase Islam in the name of Muslims, and vowed that he was ready to argue the point even if all the country’s lawyers came out against him.

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Independent MP Ali Mohamed joins MDP

Independent MP for Noonu Velidhoo Ali ‘Alibe’ Mohamed joined the opposition Maldivian Democratic Party (MDP) on Thursday, the former ruling party’s Parliamentary Group Leader MP Ibrahim ‘Ibu’ Mohamed Solih has confirmed.

Solih told newspaper Haveeru that MP Ali Mohamed’s membership form would be sent to the Elections Commission (EC) by the end of the day.

MP Ali Mohamed’s signing has given new strength to the party, Solih added, and expressed confidence that the MDP would get a majority of votes from the new MP’s constituency.

MDP won four out of five island council seats in Velidhoo in February 2011. At a recent rally on the island, a large number of youth signed for the MDP during a visit by former President Mohamed Nasheed.

Solih told Haveeru that the party was confident of winning a majority in Holhudhoo as well, the other island island in MP Ali Mohamed’s constituency.

Ali Mohamed – who is among senior MPs who chairs parliamentary sittings in the absence of both the speaker and deputy speaker – was elected to parliament on a DRP ticket.

He resigned from the party in mid-2011 and began working as an independent MP. Ali Mohamed voted with the MDP to pass the previous administration’s tax bills.

He however voted against the MDP to appoint Jumhooree Party (JP) presidential candidate and MP Gasim Ibrahim to the Judicial Service Commission (JSC).

Solih meanwhile suggested that several politicians were closely observing the changing political landscape, predicting that more MPs would join the MDP in the near future.

Ali Mohamed’s signing to MDP comes shortly after Speaker of Parliament Abdulla Shahid also made the switch from the government-aligned Dhivehi Rayyithunge Party (DRP).

Addressing MDP supporters at his first rally, Shahid said he joined the opposition to “prevent the window to democracy from being closed”.

“As our hearts yearned to stay in these gardens for good, an attempt was made to try and close this window. An attempt was made to extinguish that glow of hope in people’s hearts. It was the courageous members of MDP who obstructed the powerful forces that tried to close this window to democracy.” Shahid said during the rally held by MDP to announce his arrival.

“Today, I am here with all of you brave, steadfast warriors to prevent that window from being closed,” he added.

Earlier this month, local media speculated that a number of MPs were on their way to join the opposition, including MPs Alhan Fahmy (Independent), Abdulla Abdul Raheem (JP), Mohamed ‘Colonel’ Nasheed (DRP), Ali Azim (DRP) and Hassan Adil (JP).

Minivan News was unable to confirm the reports at time of press as none of the MPs were responding to calls.

MDP Spokesperson MP Hamid Abdul Ghafoor previously speaking to Minivan News claimed that “a re-alignment in favour of the opposition was definitely happening”.

“I can confirm for you as I am a parliamentarian myself that several parliamentary groupings who previously stood behind the old dictatorship are slowly dismantling now. They have now started to realise that backing an old dictatorship is wrong,” said Ghafoor at the time. “I can guarantee you that a re-alignment is definitely happening and dismantling of the old dictatorship is imminent.”

Ghafoor however declined to reveal any names.

Following the signing of MP Ali Mohamed and Speaker Shahid, the number of MPs representing the opposition MDP now stands at 31, eight short of a simple majority in the 77-member house.

Parliament breakdown by party (prior to rumoured defection of five DRP MPs):

MDP 31

PPM 19

DRP 10

JP 3

PA 1

DQP 1

Independent – 10

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Tourism will suffer if parliament bans pork and alcohol: Tourism Minister

A proposed blanket ban on the import of pork and alcohol would destroy the tourism industry of the Maldives beyond repair, Tourism Minister Ahmed Adheeb has told parliament’s National Security Committee.

Local media reports said Addeeb told the committee that vast majority of the Maldives economy relied on tourism, which in turn depended on the sale of alcohol and pork. The whole tourism industry would suffer should these commodities be banned, Adheeb said.

The Tourism Minister said alcohol and pork were not imported for the consumption of Maldivians, and were brought in only under strict laws.

Islamic Minister Sheikh Mohamed Shaheem Ali Saeed was also summoned to the committee to discuss the proposed ban on the import of pork and alcohol.

The Islamic Minister told the committee that serving alcohol and pork or profiting from the trade of such haram commodities was not permitted under Islam.

Shaheem said told the committee that despite this religious fact,  the decision to ban alcohol and pork altogether had to be “made by experts”.

The National Security Committee is currently researching a proposed amendment to the Import/Export Act to completely ban the importation of alcohol and pork in the Maldives.

The amendment to the Contraband Act was submitted by Maldivian Democratic Party (MDP) MP Nazim Rashad, in November 2012.

Parliament at the time narrowly voted to accept the bill that would potentially ban pork and alcohol completely from the country. Consumption and sale is currently restricted to foreigners on resort islands, officially designated as ‘uninhabited’.

Presenting the amendment, Nazim argued that the import of these products violated article 10(b) of the constitution which states that “no law contrary to any tenet of Islam shall be enacted in the Maldives” – theoretically rendering laws governing the import and sale of haram commodities illegal and unconstitutional.

“We often hear rumours that people have alcohol at home in their fridge, available any time. We’ve heard that kids take alcohol to school to drink during their break. The issue is more serious than we think, it should not be ignored,” Nazim said at the time.

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General regulations extended by one year

Parliament on Wednesday (April 23) approved an extension of one year for general regulations without a statutory basis.

Presenting a committee report recommending the extension, MP Ahmed Mohamed expressed hope that parent legislation for most of the regulations could be passed this year as the relevant bills were currently at committee stage.

Prior to the ratification of the new constitution on August 7, 2008, parliament passed a General Regulations Act as parent legislation for over 80 regulations without a statutory basis, or were not formulated under an Act of parliament.

These include regulations for criminal justice procedures, companies and finance leasing transactions, insurance, jails and parole, freedom of information and building codes.

Article 271 of the constitution states, “Regulations derive their authority from laws passed by the People’s Majlis pursuant to which they are enacted, and are enforceable pursuant to such lawful authority. Any regulations requiring compliance by citizens must only be enacted pursuant to authority granted by a law enacted by the People’s Majlis.”

The parent act prolonged the lifespan of the regulations – deemed necessary for administrative functions and service provision – for a one year period until new legislation, such as a Criminal Procedures Act, Evidence Act, Freedom of Information Act and Political Parties Act could be enacted.

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Parliament accepts bill seeking to abolish Hulhumale’ Magistrate Court

Parliament today accepted amendments to the Judicature Act submitted by Independent MP Mohamed ‘Kutti’ Nasheed to abolish the magistrate court in Hulhumale’.

The legislation (Dhivehi) was narrowly accepted for consideration with 32 votes in favour, 31 against as well as one abstention and sent to the Independent Institutions Committee for review.

The Independent MP for Kulhudhufushi South proposed the amendments in December 2012, following a controversial 4-3 Supreme Court ruling declaring the Hulhumale’ Magistrate Court legitimate.

The judgment cleared the way for the magistrate court to proceed with the trial of former President Mohamed Nasheed on charges of illegally detaining Criminal Court Chief Judge Abdulla Mohamed in January 2012.

Nasheed’s formerly ruling Maldivian Democratic Party (MDP) disputes the legitimacy of the magistrate court, contending that it was created by the Judicial Service Commission (JSC) in violation of the Judicature Act.

Writing in his personal blog after submitting the amendments, MP Nasheed explained that he would have accepted the apex court’s decision as final and incontrovertible if Supreme Court Justice Adam Mohamed Abdulla – chair of the JSC – had recused himself.

“The [Hulhumale’] court was formed by the commission. The vote on forming the court was called at a meeting of the commission chaired by [Justice Adam Mohamed]. The case requesting the Supreme Court to declare the court legitimate was submitted by the commission chaired by the justice,” Nasheed wrote.

Justice Adam Mohamed “created the court, filed the case, and decided the case in his favour,” Nasheed wrote.

Echoing the criticism, former Attorney General Husnu Suood, who argued the case at the Supreme Court, described the decision at the time as “a case of actual bias because JSC would [have] lost the case without the vote of JSC president: 3 for 3 against, [tie-breaking] vote by JSC [president].”

Chief Justice Ahmed Faiz Hussain, Justice Abdulla Areef and Justice Muthasim Adnan had delivered the dissenting opinion ruling that the magistrate court was not established in accordance with the Judicature Act.

MP Nasheed’s amendments would meanwhile see the magistrate court abolished and its cases transferred to the superior courts (Criminal Court, Civil Court, Family Court, Juvenile Court and Drug Court) in Male’.

Moreover, an article would be added to the Judicature Act explicitly stating that the islands of Hulhumale’ and Vilimale’ should be considered part of Male’ City.

Vili-Maafanu and Hulhu-Henveiru are both electoral districts or constituencies in the capital with elected MPs and city councillors.

Legitimacy

In a blogpost in October 2012, Nasheed observed that the Judicature Act stipulates that magistrate courts should be set up in inhabited islands aside from Male’ without a division of the trial courts (Criminal Court, Civil Court, Family Court, Drug Court and Juvenile Court).

According to appendix two of the constitution, Hulhumale’ is a district or ward of Male’ and not a separate inhabited island.

The former magistrate court at Hulhumale’ – controversially set up by the JSC before the enactment of the Judicature Act in October 2010 – should therefore have been dissolved when the Judicature Act was ratified, Nasheed contended.

In the latter blogpost on amending the law governing courts, Nasheed explained that the purpose of amending the Judicature Act was to “clarify the Majlis’ intent as the [Supreme Court] has made a decision that conflicts with the intent of the Majlis in passing the law.”

If a Supreme Court interpretation of an article or provision in an act of parliament was “not the outcome intended by lawmakers,” Nasheed suggested that the remedy was amending the law to ensure the desired effect.

If the amendments are passed and signed into law, Nasheed wrote, a magistrate court could not be set up in the capital Male’ on the pretext of “two or three articles in the Judicature Act”.

Hulhumale’ Magistrate Court

During the first hearing of former President Nasheed’s trial at the magistrate court, the ex-president’s lawyers raised procedural points challenging the legitimacy of the court, which were summarily dismissed by the three magistrates on the bench.

Nasheed’s legal team then appealed the magistrate court’s ruling on the procedural points at the High Court.

On November 4, 2012, the High Court granted a stay or an injunction temporarily suspending the trial pending a ruling on procedural points.

The injunction prompted the Hulhumale’ Magistrate Court to announce that it had suspended all ongoing cases as they could be affected by the questions raised over the court’s legal status.

However, before the High Court could issue a ruling on the appeal, the JSC filed a case in Supreme Court requesting a decision to declare the magistrate court legitimate.

On November 8, 2012, the Supreme Court instructed the High Court to halt its hearings on the former President’s appeal.

The Supreme Court also ordered the Civil Court to send over all files and documents on a case submitted over a year ago by lawyer Ismail Visham, which challenged the legitimacy of the Hulhumale’ Magistrate Court.

The Supreme Court issued a writ of mandamus ordering the lower court to suspend its hearings and took over the case.

Meanwhile, a week before the Supreme Court delivered its 4-3 judgment declaring the magistrate court legitimate, parliament’s Independent Institutions Committee voted not to recognise the legitimacy of the Hulhumale’ court.

The oversight committee, chaired by MP Nasheed, decided that there were no “legal and constitutional grounds” to support the court’s legal status.

However, in an unprecedented move, the Supreme Court issued an order (No. 2012/SC-SJ/05) invalidating the committee’s decision.

The Supreme Court declared that no institution should meddle with the business of the courts, claiming that it held parental authority over “constitutional and legal affairs” and would not allow such “interference” to take place.

“Any action or a decision taken by an institution of the state that may impact the outcome of a matter that is being heard in a court of law, and prior to a decision by the courts on that matter, shall be deemed invalid, and [the Supreme Court] hereby orders that these acts must not be carried out,” the order read.

Meanwhile, earlier this month, the High Court granted a second injunction or stay halting former President Nasheed’s trial at the Hulhumale’ Magistrate Court.

The trial was suspended pending a ruling by the High Court on the legitimacy of the three-magistrate bench appointed by the JSC to preside over Nasheed’s trial.

The injunction followed testimony by members of the JSC to the Independent Institutions Committee claiming that the three magistrates chosen by JSC were appointed arbitrarily.

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Islamic Ministry calls for lowering age of prosecution for minors to 10 years-old

The Islamic Ministry’s Fiqh Academy has requested parliament lower the age of prosecution for minors stipulated in the the Penal Code bill from 14 to 10 years-old, reports local media.

MP Ahmed Hamza, chairperson of the parliamentary committee reviewing the Penal Code Bill,
has said that international conventions state the age of prosecution for minors is 15 years-old.

“The age for a minor to be advised to mend his ways for forgoing compulsory deeds is 10 years-old,” according to the Fiqh Academy. Their commentary submitted to the parliamentary committee also claims that minors who commit offenses in the Maldives are 11 years-old or above.

Hamza claims that the Prosecutor General (PG) supports keeping the age of prosecution at 14 years-old, as stipulated in the current penal code bill draft.

“We will decide on setting an age after reflecting on the [international] conventions Maldives is party to, amongst other things. They are saying that the age given in the current penal code already poses some constraints,” said Hamza.

“The PG in favour of it being kept as it is, as in the current penal code, at 14 years. The Foreign Ministry has no objection to this either. But the Islamic Ministry is asking that it be lowered to 10,” he added.

The age for prosecuting minors is one of two penal code issues currently under debate. The second issue surrounds a recently added clause regarding someone convicted of a crime being sentenced according to the penal code stipulations, according to Hamza.

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Government bill on raising import duties narrowly accepted by parliament for consideration

Parliament voted 26-25 today to accept for consideration a bill proposed by the government to increase import duties as part of a raft of measures to raise MVR 1.8 billion (US$116 million) in new income.

The amendments to the Import-Export Act (Dhivehi) submitted by MP Riyaz Rasheed on behalf of the government proposes raising tariffs on a range of items such as liquor, pork, tobacco, perfume, cement, gas and energy drinks.

MPs of the opposition Maldivian Democratic Party (MDP) voted against the amendments while MPs representing parties in the ruling coalition voted in favour.

However, during preliminary debate at today’s sitting of parliament, some government-aligned MPs expressed concern with the potential rise in prices as a consequence of reversing import duty reductions.

The acceptance of the bill for review by committee follows parliament’s 28-27 rejection last week of government-sponsored legislation to raise the airport service charge to US$30.

Hiking the departure tax on foreign passengers was among the measures proposed by the Finance Ministry with the 2013 budget to raise additional revenue, which also included increasing Tourism Goods and Services Tax (T-GST) to 15 percent from July 2013 onward, leasing 14 islands for resort development and introducing GST for telecom services.

Following the narrow defeat of the airport service charge amendment bill, Finance Minister Abdulla Jihad told local media that a “significant amount” would be lost from projected revenue as the additional income was anticipated in budget forecasts.

“If the amendments for the import duty are not passed, we will find it extremely difficult to manage the budgets of institutions. So it’s critical that the parliament expedites work on the bills and support them,” he was quoted as saying by newspaper Haveeru.

Jihad confirmed to Minivan News this week that the cabinet has decided to suspend or delay implementation of development projects financed out of the state budget due to shortfalls in revenue.

The government was in the process of formulating a supplementary budget to be put before parliament by the end of April, Jihad said.

Meanwhile, speaking to press on Sunday (April 21) following the signing of contracts for construction of harbours in four islands, Housing Minister Dr Mohamed Muiz said the budget was “in a very fragile state.”

“We can only spend what is earned as income. The government proposed new revenue measures when it submitted the budget. It was approved on principle when the budget was passed,” Muiz said.

“However, according to my information, difficulties have arisen in implementation [of the measures]. As a consequence, aside from these four islands, the finance ministry has instructed me not to sign or commence with any infrastructure project in any island from now on. Unless the People’s Majlis passes new means of earning income for the government, the finance ministry has instructed us not to begin any project financed out of the government budget, be it harbour construction or land reclamation or any project undertaken by the housing ministry.”

Revising import duties

The current administration’s intention to revise the changes made by the previous government to import duties was announced in June 2012.

Import duties were reduced or eliminated for a wide range of goods under the previous administration as part of its economic reform package to introduce direct taxation and restructure government finances.

Through amendments approved unanimously in November 2011, import duties were eliminated for construction material, foodstuffs, agricultural equipment, medical devices, passenger vessels and goods used for tourism services.

Tariffs were meanwhile reduced to five percent for furniture, beds and pillows as well as cooking items made from base metals. Other kitchen utensils had duties reduced to 10 percent.

While import duties were eliminated for most fruits and vegetables, 15 percent was to be levied on bananas, papaya, watermelon and mangoes as a protectionist measure for local agriculture. Areca-nuts had the tariff reduced from 25 percent to 15 percent.

Import duties for tobacco was meanwhile hiked from 50 percent to 150 percent.

However, an amendment proposed by the government to raise import duties for alcohol and pork from 30 to 70 percent was defeated at committee stage.

A shortfall in revenue from lower tariffs was expected to be covered by proceeds from T-GST and GST, the latter of which was introduced concurrently with the import duty reductions.

In December 2012, the Maldives Custom Service (MCS) revealed that income from collecting import duties declined by 50 percent in the first 10 months of 2012 compared to the previous year.

Meanwhile, in November 2012, an International Monetary Fund (IMF) mission to the Maldives cautioned that a ballooning fiscal deficit had “implied a rise in the public debt ratio, which now stands at over 80 percent of GDP, and has also helped to boost national imports, thus worsening dollar shortages in the economy and putting pressure on MMA (Maldives Monetary Authority) reserves.”

The IMF forecast for the current account deficit in 2012 was “nearly 30 percent of GDP this year.”

“Gross international reserves at the MMA have been declining slowly, [and] now account for just one and a half months of imports, and could be more substantially pressured if major borrowings maturing in the next few months are not rolled over,” the IMF mission warned.

The mission recommended formulating “a realistic and prudent budget for 2013″ to rein in the fiscal deficit, suggesting hiking taxes and “selectively” reversing import duty reductions.

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