Government proposes $5m resort lease extensions

The government is seeking legal changes to allow the extension of resort leases to 99 years for a lump sum of US $5m, and to expand the powers of the tourism ministry.

The lease extension scheme, which would represent the first time they have been lengthened beyond 50 years, aims to raise money for the government.

The bill submitted by government-aligned MP Mohamed Ismail would also transfer to the tourism ministry the power to authorise developments at resorts and conduct environmental assessments.

The changes aim to incentivise investors, make it easier to obtain financing from international institutions, and increase revenue for the government, the proposed law states.

To be eligible for a lease extension, a resort property must be operational with an existing lease period of 50 years and must not owe money to the government.

If the amendments pass, resorts will have to seek authorisation from the tourism ministry for any development on a resort that could “permanently alter” the island, plot of land, or lagoon’s environment. The ministry must compile an environmental impact assessment before issuing permission.

“Making the services available under one roof would ease the burden on investors, speed up services, and improve investor confidence,” the introduction to the legislation says.

Under existing laws, the Environment Protection Agency conducts assessments and authorises projects such as land reclamation. The agency functions under the environment ministry.

However, the new amendments state that “only the tourism ministry will have the authority” to conduct assessments and authorise developments.

The tourism ministry will also have the power to impose fines not exceeding US$5 million for violations.

The introduction says that the involvement of other ministries and institutions in resorts hinders the tourism ministry and “lowers investor confidence”.

“Flip-flopping”

Under the current Tourism Act, the maximum lease period for resorts or hotels is 50 years. However, the constitution allows leases up to 99 years.

Former Economic Development Minister Mahmoud Razee told Minivan News today that from “a commercial investment point of view it’s a good move,” but questioned the government’s “sincerity”.

“Because when they were in opposition they made a big hoohaa about it,” he said, with reference to current ruling party MPs protesting against the then-Maldivian Democratic Party (MDP) government’s plans to extend resort leases from 25 to 50 years.

The move shows the government is trying to make up revenue shortfalls, said Razee, who was part of the MDP government. He said the current administration was “not curtailing expenses” but increasing the number of political appointees.

This year’s record MVR24.3 billion (US$1.5 billion) state budget includes MVR3.4 billion (US$220 million) anticipated from new revenue raising measures.

The measures include revisions of import duty rates, the introduction of a “green tax”, acquisition fees from investments in special economic zones, and leasing 10 islands for resort development.

Razee also suggested that the administration might allow resorts to pay the extension fee in instalments if the tourism industry lobbies the government.

When the MDP government offered extension of leases for 50 years in exchange for an upfront fee, Razee said resort owners were “not so eager” and “relatively few” paid the fees.

In January 2014, Maldives Association of Tourism Industry secretary general Ahmed Nazeer questioned the practicality of collecting resort lease extensions in a lump sum.

Nazeer told a parliamentary committee reviewing revenue raising measures that only 17 out of the more than 100 resorts had paid lease extension fees upfront.

Razee meanwhile criticised the government’s “flip-flopping” on economic policy, referring to its reversal of a decision to impose higher import duties on garments and motorcycles.

He noted that customs authorities are promising to reimburse importers who are paying the higher tariffs that came into force on April 1, even before amendments reversing the hikes have been passed.

In December, the government also reversed a decision to impose a 10 percent import duty on staple foodstuff such as rice, flour, wheat and sugar.

“There’s no clear-cut, defined, long-term policy,” Razee said.

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Parliament cancelled for second day

The sitting of the People’s Majlis (parliament) was cancelled on Wednesday for the second day running without explanation, although parliamentary procedures require Monday, Tuesday and Wednesday sittings.

The secretariat did not give a reason for the cancellation, both opposition and pro-government MPs told Minivan News.

An unnamed MP from the ruling Progressive Party of Maldives suggested to online CNM that the cancellation might be down to the absence of Speaker Abdulla Maseeh Mohamed, who is overseas at a meeting of the Inter-Parliamentary Union.

However, Monday’s sitting was held with Deputy Speaker ‘Reeko’ Moosa Manik presiding.

Since parliament returned from recess earlier this month, opposition Maldivian Democratic Party MPs have been protesting on the Majlis floor with sirens, whistles and megaphones, calling for the release of former President Mohamed Nasheed.

However, Speaker Maseeh has been continuing proceedings despite the disorder in chamber.

Parliament also ceased providing a live feed of the sittings to television stations whilst debate on bills is inaudible to the viewing gallery.

At Monday’s sitting of parliament, 44 MPs voted in favour of extending the lifespan of 39 regulations under the General Regulations Act until April 2016.

The law was passed in late 2008 as a parent legislation for over 80 regulations without a statutory basis when the new constitution was adopted.

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.”

The parent act prolonged the lifespan of the regulations – which did not derive authority from an act of parliament – until new legislation such as a Criminal Procedures Act, Evidence Act and laws dealing with the health sector could be passed.

Parliament has been periodically extending the General Regulations Act since 2009.

Prior to the latest extension, three regulations were removed from the law – concerning business registration and procedures for requesting information – following the passage of new legislation on those areas.

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Amendments prohibit civil servants from holding political party posts

Amendments voted through to the Civil Service Act today prohibits civil servants from either holding posts in political parties or seeking the registration of a political party.

The amendments also 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.

The amendment bill (Dhivehi) submitted on behalf of the government by Progressive Party of Maldives (PPM) MP Mohamed Ameeth was passed unanimously with 40 votes in favour and one abstention.

Continuing protests on the People’s Majlis floor with sirens and megaphones into the 12th consecutive sitting, opposition Maldivian Democratic Party MPs did not participate in the vote.

Presenting the legislation (Dhivehi) in August last year, the PPM 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.

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

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

The apex court 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.

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Parliament accepts amendments for regulating division of assets after divorce

Parliament today accepted for consideration amendments to the Family Act submitted on behalf of the government by Progressive Party of Maldives (PPM) MP Abdul Latheef Mohamed for regulating division of assets after divorce.

The bill was accepted with 41 votes in favour, four against, and sent to the Social Affairs Committee for further review.

Preliminary debate and voting on the bill took place amidst protests by the opposition Maldivian Democratic Party (MDP) MPs, who have been protesting at every sitting of the People’s Majlis since the arrest and prosecution of former President Mohamed Nasheed on terrorism charges.

Continuing the protests into the seventh consecutive sitting today, MDP MPs blew on whistles and used a megaphone to call for President Abdulla Yameen’s resignation.

Parliament has ceased providing live feed to television stations since the protests began.

Equitable distribution

The amendments (Dhivehi) meanwhile state that a court would decide upon the equitable distribution of marital property in divorce cases.

The court should consider the extent of both the work done as well as expenses made individually by the husband and wife for earning the couple’s money or assets.

Moreover, the court should take into account any debts incurred during the marriage as well as the needs of any children under 18 years of age.

The revisions also state that the court could order the ex-husband to pay child support and provide financial support to his ex-wife.

In his presidential address at the opening of parliament earlier this month, President Yameen said the legislation would protect women’s rights in divorce cases as pledged during the presidential campaign.

The PPM pledged in its manifesto to ensure that women get their fair share of common property after divorce.

Meanwhile, during Monday’s sitting, parliament accepted for consideration government-sponsored legislation on establishing the ‘Maldives Islamic University.’

The bill was accepted unanimously with 55 votes in favour following a preliminary debate, during which nine MPs spoke.

The draft legislation was forwarded to the National Development Committee for further review. The committee’s chairman, Ibrahim Shujau, told the press after the sitting that the legislation would be reviewed and sent back to the floor for a vote within a week.

The PPM MP for Baarah said the bill would be passed into law by the end of the month, noting that establishing an Islamic University was an important pledge of President Abdulla Yameen.

Once ratified, the existing Islamic College or Kulliyah would be renamed the Islamic University of Maldives.


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Police arrest former President Mohamed Nasheed ahead of terrorism trial

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Opposition MPs continue Majlis protests

The opposition Maldivian Democratic Party (MDP) MPs have continued protests at the People’s Majlis, disrupting proceedings for the fifth consecutive parliamentary sitting since the Majlis opened on March 2.

However, ruling Progressive Party of the Maldives (PPM) accepted an amendment to the Prisons and Parole Act amidst opposition protests. The amendment, submitted by Gemanafushi MP Jameel Usman, bars individuals serving prison sentences from holding a leadership position within political parties or other associations.

MDP MPs have been protesting over the arrest and terrorism charges against opposition leader and former President Mohamed Nasheed. If convicted, he faces a jail term or banishment between ten and 15 years.

If the amendment is passed and if Nasheed is convicted, it could effectively strip Nasheed of his presidency with the MDP and his membership.

When Majlis began at 9am, MDP MPs gathered at the secretariat’s desk calling for the the immediate release of President Nasheed and other political prisoners including former Defence Minister Mohamed Nazim.

Some MPs were blowing stadium horns while MDP MP Ali Azim was calling for Nasheed’s release through a megaphone.

Crossing the line

Speaking to Minivan News, PPM parliamentary group leader Ahmed Nihan said that he understands the opposition’s need to protest, however saying that they are “crossing the line.”

“Freedom of expression is granted to fullest extent on the People’s Majilis floor,” said the Vilimalé MP.

“Members are allowed to express themselves freely unless they contradict a tenet of Islam. However, that does not mean members are allowed to do whatever they want on the floor,” he continued.

Nihan said MPs should follow due procedure and lodge a complaint at the secretariat’s desk, saying that the floor will become a “battleground” if the opposition MPs keep on protesting every day.

“We understand their need to protest. Their leader is under arrest and standing trial so it is obvious that they would protest. But we want them to do it in a manner which does not prevent parliament proceedings,” Nihan said.

On March 2, ruling party Progressive Party of Maldives (PPM) MPs also protested, with several carrying placards which read: “Nasheed deserves to be in prison,” “Nasheed supports terrorism” and “MDP must learn democracy.”

MDP MP Imthiyaz ‘Inthi’ Fahmy said that the opposition would protest “indefinitely” until the state addresses the issues highlighted at the parliamentary protests.

“The current defense minister has been accused of being a terrorist. The most popular politician is being tried at a Kangaroo Court and is going to be put in jail. We will not stop the protests,” Fahmy said.

Fahmy accused PPM members of inciting violence within the parliament.

Meanwhile, PPM MP Ahmed Thoriq has written to the Parliament speaker Abdulla Maseeh alleging that former PPM MP Ahmed Mahloof hit PPM MP Riyaz Rasheed during the presidential address on March 2.

Nihan also accused MDP Medhuhenveiru MP Ali Azim of hitting Nihan with his elbow during yesterday’s parliamentary session. Fahmy has dismissed claims of assault as lies.


Related to this story

President Yameen delivers presidential address amidst opposition protests

President Yameen should apologise for thumbs down gesture, says MDP chairperson

10,000 protest in Malé, call for President Yameen’s resignation

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Parliament accepts bill on discontinuing state benefits to convicted ex-presidents

The People’s Majlis today accepted for consideration an amendment submitted to the Privileges and Protection For Former President’s Act proposing discontinuation of state benefits for convicted ex-presidents.

The amendment bill proposed by government-aligned Maldives Development Alliance (MDA) MP Mohamed Ismail was accepted with 38 votes in favour and 11 against and sent to the Economic Affairs Committee for further review.

Opposition Maldivian Democratic Party (MDP) MPs did not participate in the vote and gathered in front of the secretariat desk, blowing on whistles and calling for the release of former President Mohamed Nasheed.

While yesterday’s sitting was called off amidst opposition protests, Speaker Abdulla Maseeh Mohamed continued today’s sitting after the parliament cut off the live feed for television broadcasts.

In a video shared on Facebook by MDP MPs Rozaina Adam of the MPs’ protest, MDA MP Mohamed Ismail could be heard calling for Nasheed to be hanged.

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Government submits three bills to parliament

The government has submitted to the People’s Majlis amendments to the Political Parties Act and the Family Act as well as legislation on establishing an Islamic University.

According to Vnews, the President’s Office proposed abolishing or amending clauses in the political parties law that the Supreme Court had ruled were unconstitutional.

Amendments proposed to the the Family Act meanwhile seek to provide temporary shelter to divorced women and their children and establish rules for equitable distribution of property in divorce cases.

The bill on creating the Maldives Islamic University outlines the powers and responsibilities of the envisioned higher education institution.

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President Yameen delivers presidential address amidst opposition protests

President Abdulla Yameen delivered the annual presidential address today in the face of vociferous protests from opposition MPs at the official opening of the People’s Majlis for 2015.

Opposition Maldivian Democratic Party (MDP) and Jumhooree Party (JP) MPs gathered in front of the secretariat desk and clamoured for the release of former President Mohamed Nasheed, carrying placards that read, “Free President Nasheed,” as well as posters depicting police manhandling and dragging the opposition leader into court.

Nasheed remains in police custody pending the outcome of a trial on charges of terrorism.

Progressive Party of Maldives (PPM) MPs responded to opposition MPs’ chants of “Yaagunda resign” with “Ganjabo” and “Theyobidibo,” epithets referring to the former president’s alleged encouragement of drug use.

PPM and coalition partner Maldives Development Alliance (MDA) MPs held up placards that read: “Nasheed deserves to be in prison,” “Nasheed supports terrorism,” “Free Maldivians from Nasheed,” and “MDP must learn democracy,” .

“Gasim, first pay tax and then talk,” “You cant hide from the law Nasheed,” “It is time Nasheed should be put in jail,”and “Nasheed has to be tried for corruption of US$ 2 billion,” read some of the other placards.

Yameen’s second presidential address comes amidst a political crisis sparked by the arrests of former Defence Minister Mohamed Nazim and former President Nasheed. The opposition MDP-JP alliance organised a massive protest march calling for the pair’s release on Friday (February 27).

Meanwhile, journalists, foreign dignitaries, and state officials inside the gallery could not hear President Yameen’s address over the din. The chants from PPM and MDA MPs drowned out the opposition MPs.

Confrontations and verbal sparring between pro-government and opposition MPs occurred inside the chamber, with some PPM MPs snatching posters from MDP MPs.

Former PPM MP Ahmed Mahloof – who was carrying a placard calling for Nazim’s release – also clashed with former colleagues in the ruling party.

After concluding the address, President Yameen gave two thumbs up to PPM MPs and made a thumbs down gesture towards opposition MPs.

“Today we saw [opposition MPs] attempting to obstruct the president’s from fulfilling his responsibility under Article 84 of [the constitution],” tweeted President’s Office Spokesperson Ibrahim Muaz Ali.

Article 84 states, “At the beginning of the first session of each year at the first sitting, the president shall address the People’s Majlis on the state of the country, and may present proposals for improving the state of the country to the People’s Majlis.”

Muaz also tweeted saying he was “ashamed” that opposition MPs were unaware of Article 84 whilst “inciting unrest in the country in the name of defending the constitution.” The MDP-JP alliance launched nightly protests last month against the current administration’s alleged breaches of the constitution.

Muaz also said President Yameen’s thumb down was “an advisory gesture” against obstructing constitutionally mandated duties.

“Political charges”

“Delivering a presidential address while holding opposition politicians in jail is alien to democracy,” Minority Leader Ibrahim Mohamed Solih ‘Ibu’ told journalists before entering the parliament building.

The MDP parliamentary group leader called on the government to withdraw “political charges” against the former president.

Ibu told reporters after the sitting that the opposition has delivered a message to President Yameen on behalf of the public.

Echoing the minority leader’s sentiments, JP Leader Gasim Ibrahim said the international community views the prosecution of Nasheed and Nazim as politically motivated and warned of “economic sanctions” as a consequence, which could lead to “starvation” and “unrest”.

The MP for Maamigili reiterated appeals for Prosecutor General Muhthaz Muhsin to withdraw the charges against the pair.

A crowd of opposition supporters were meanwhile gathered behind police barricades on Sosun Magu, a short distance from the parliament building.

According to a live blog on the police website, police confiscated megaphones after advising protesters not to use any loudspeakers as a school session was in progress at the nearby Majeedhiyya School.

Police pushed back protesters around 10:45am and set up barricades near the MDP office on Sosun Magu.


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First proposed amendment to constitution seeks to bar individuals aged 65 from the presidency

The Maldives Development Alliance (MDA) has proposed the first amendment to the constitution, seeking to bar individuals aged 65 years and above from standing for the presidency.

Hoarafushi MP Mohamed Ismail told Minivan News he had submitted the amendment to Article 109 of the Constitution because he believed an elected president must “suitably represent” the country’s predominantly young population.

“We do not want a President who cannot function due to old age and has to be brought to important meetings in a wheelchair. The President should not be over the age of sixty-five,” he said.

According to the Department of National Planning, half of the Maldivian population is under 25 years of age.

If passed, the amendments would bar Jumhooree Party (JP) leader Gasim Ibrahim and former President Maumoon Abdul Gayyoom from contesting the 2018 presidential elections. Gasim would be 66 years and Maumoon would be 81 by 2018.

At present, the Constitution only requires a president to be “at least thirty-five years of age.”

The JP has today announced it will reject the amendment with JP’s deputy parliamentary group leader Abdulla Riyaz stating the JP would lobby all parties to vote against the proposal.

“We do not believe in using the youth as an excuse to do these kinds of acts for political gain. It is irresponsible,” Riyaz told local media.

The proposal would require a two-third majority of the full 85-member house or 57 votes to pass. The ruling coalition i.e. the Progressive Party of the Maldives (PPM) and MDA currently hold 48 seats at the parliament. JP holds 13 seats while opposition Maldivian Democratic Party (MDP) holds 22.

JP Spokesperson and former member of the Constitutional Assembly Ahmed Sameer said the amendment constituted a breach of Article 69 which states that “no provision of the constitution can be interpreted in a manner that would prevent any individual from obtaining rights and freedoms as per the constitution.”

He also pointed out that Article 26 (b) on fundamental rights and freedoms states that ‘every citizen of Maldives eighteen years of age or older has the right to run for public office’.

Sameer and former Attorney General Husnu Suood claim that a public referendum would be required before the President could ratify the amendment.

Sameer pointed to Article 262 (b) of the Constitution which states that any amendments made by the People’s Majlis to certain provisions – including Article 108 which governs presidential elections – can only be ratified by the President after a public referendum.

Opposition MDP spokesperson Imthiyaz Fahmy said the ruling coalition was seeking to ‘prevent certain targeted people from contending in presidential elections.’

“Amendments to the constitution are usually brought after the constitution has been tested by time and when such amendments become necessary to the people of the nation, not for the gain of the government at the time or certain individuals,” said the MP.

Amendments to the constitution “must not be taken lightly,” Fahmy said describing the amendment as “dangerous.”

Minivan news was unable to reach PPM at the time of press.



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