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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Bill submitted to ban import of pork and alcohol

Maldivian Democratic Party (MDP) MP Nazim Rashad has submitted a bill to the Majlis calling for the prohibition of pork and alcohol imports to the country.

When presenting the bill, Nazim argued that the import of these products violates article 10(b) of the constitution which states that “no law contrary to any tenet of Islam shall be enacted in the Maldives.”

“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 told the house.

Consumption of intoxicants or pork products are prohibited under Islamic law, although these products are available to foreign tourists in the country’s resorts.

When in charge, the MDP government announced it was considering banning pork and alcohol product in response to the December 23 coalition‘s campaign to protect Islam.

After being asked in January for a consultative opinion over whether the Maldives could import pork and alcohol without violating the nation’s Shariah-based constitution, the Supreme Court unanimously rejected the case on the grounds that the matter did not need to be addressed at the Supreme Court level.

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Supreme Court backs down from issuing ruling on legality of selling pork and alcohol

The Supreme Court has rejected the government’s request for a consultative opinion over whether the Maldives can import pork and alcohol without violating the nation’s Shariah-based constitution.

Pork and alcohol are prohibited items under Shariah law.

The judges unanimously rejected the case on the grounds that the matter did not need to be addressed at the Supreme Court level.

The Court did note, however, that pork and alcohol have been imported under provisions of the Contraband Act and that there is a regulation in favor of the trade. As no law has declared the regulation unlawful, the import of pork and alcohol is indeed legal, the court claimed.

Meanwhile, Article 10 of the Constitution states that “No law contrary to any tenet of Islam shall be enacted in the Maldives.”

The Constitution also states that any law not struck down by the courts is valid.

The government last week requested a consultative opinion from the Supreme Court on the matter to level a heated debate over the compatibility of resort tourism and Maldives’ national religion Islam, prompted by protests on December 23, 2011 in defense of Islam.

Responding to demands made of the government by the protesting coalition of religious NGOs and opposition parties, the government issued a circular closing spas in all resorts and announced it was considering a ban on pork and alcohol, in a move to align government policies with Islamic standards.

While the trade of alcohol is not conducted by the government, the government receives a significant profit of the trade from the Goods and Services Tax (GST).

In particular, opposition Jumhoory Party (JP) Leader and MP ‘Burma’ Gasim Ibrahim owns Villa Hotels resort chain and is allegedly one of the biggest beneficiaries of the alcohol trade.

A tolerant society with a dependent economy

Since resorts first opened in the Maldives in the 1970s, tourism has been the core of the island nation’s economy. To accommodate the industry as well as the national Islamic faith, in 1975 the Ministry of Economic Development regulated the sale of pork and alcohol to tourist establishments (Act 4/75).

While there is no regulation or set of guidelines specific to spa operations in resorts, Article 15(a2) of the Goods and Services Tax Act stipulates that spas are legally accepted in the Maldives as tourism goods, and therefore may be operated in compliance with tourism regulations.

After its formation in 2009 the Parliament had nine months to reject any legislation which did not conform with the Constitution.

Parliament did not reject the regulation on the sale of pork and alcohol in 2009, thus allowing it to stand by default.

Speaking to Minivan News last week, Attorney General (AG) Abdulla Muiz believed that although the regulations were clear, legal clarification would mitigate concerns. He suggested that the recent debate has had more to do with internal politics than the oft-cited public preference.

“We are quite a tolerant society, although there a few elements which walk a hard line,” he observed. “I don’t think there is a public concern over the sale of alcohol and pork in resorts.”

The AG pointed out that the majority of the nation’s citizens are primarily interested in the quality of their daily life. He added that the population of 350,000 is annually trumped by the over 700,000 tourists would come to- and invest in – the Maldives.

“If there is a decision prohibiting the sale of alcohol in the tourism sector, it will have a great impact on the economy. The 2012 State Budget of Rf14 billion [US$946.8 million] is very much based on the estimated revenue from the tourism sector. And the government has obligations to investors–it has leased 100 resorts and awarded 5o to 60 islands for development. I hope the Supreme Court will take the economy into account,” he said prior to the Court’s decision.

Muiz said a court ruling would assure investors that the current system is valid.

A problematic profile

Two months ago, protestors demanded that UN Human Rights Chief Navi Pillay be “slain” for her comment against flogging as a punishment for extra-marital sex. One month ago, the coalition formed by religious groups and opposition parties for the “defend Islam” protest called for stricter regulations in keeping with Shariah law, notably stricter regulations on the sale of pork and alcohol and the closure of massage parlors “and such places where prostitution is practiced.”

International media subsequently reported the story with varying degrees of accuracy, presenting a Maldives starkly different from widely-marketed white sand and turquoise waters.

Noting that the tourism sector had suffered many cancellations in past weeks, MATI Secretary General Sim Ibrahim Mohamed previously pointed out that “people get jittery when you talk about fundamentalism, radicalism, extremism–since 9/11 these have been very sensitive words.”

Speaking to Minivan News last week, religious conservative Adhaalath Party chief spokesperson Sheik Mohamed Shaheem Ali Saeed said, “Maldivians are very nice people, you don’t see any country like the Maldives in the Islamic world, so why would we want to damage these people? These are Muslim people and they like moderate views.”

Calling tourism “the backbone of our national economy”, Shaheem said he was “100 percent sure there is no prostitution in the tourism industry here. It is very professional, it is the most famous tourism industry in the world and is accepted by the international community. Why would we want to attack ourselves?”

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Tourism Ministry may revise spa ban

The government is looking to revise the circular issued late last week requesting that resorts, hotels and guesthouses close down their spas over public allegations that they double as brothels.

“As specifying a certain distance from Male’ would not be a wise decision [in closing down spas] and that other resorts, which also cater for locals, are located close to inhabited islands, the government has decided to close down the spas in all the resorts on a fair basis and by giving a higher priority to the allegations made,” the circular read.

The decision to reconsider the circular was made after several resort owners and the Maldives Association of Tourism Industry (MATI) expressed “serious concern”.

A statement signed by MATI Secretary General ‘Sim’ Ibrahim Mohamed released last week expressed concern with financial losses as a result of the decision as well as effects on holiday-makers currently in the Maldives.

MATI urged the government and opposition parties to “find a peaceful solution” to the dispute.

“The tourism industry wishes for all actors in the political sphere to prioritise the domestic economy, development and security over differences and disagreements among political parties and not involve the economy’s main industries in these disputes,” reads MATI’s appeal.

MATI’s Chairperson M U Manik and Vice Chair ‘Champa’ Hassan Afeef have made statements in the media urging the government to reverse its decision to shut down resort spas after considering the consequences for the economy.

Meanwhile the government has also announced that it is considering banning pork and alcohol across the country, in response to the large number of Maldivians who protested against the government’s current purported “anti-Islamic” policies.

Tourism Minister Dr Mariyam Zulfa told Haveeru yesterday that the circular was issued in response to demands made by the coalition of religious NGOs and opposition parties during the protest to defend Islam on December 23. These demands included the closure of places which support prostitution, namely spas and massage parlors.

Zulfa noted that a policy shift towards strict Islam would have a profound economic impact on the Maldives.

“We can only sustain our economy by following the moderate form [of Islam] which has been in the Maldives until now,” she told Haveeru. “We [ministers] are labelled anti-Islamic because we support the tolerant form [of Islam]. But that label is a disgrace to our parents as well.”

According to Zulfa, several resorts had raised concern over the circular, and while they “are aware of the reasons that led us to take the decision,” the ministry is investigating a compromise.

The Minister was unavailable for comment at time of press.

Minivan News understands that several tour operators have also been calling resorts to inquire if indeed their spas and massage services have been closed down. Hulhule Island Hotel, near Male’, has closed its spa indefinitely.

Maldives Association of Travel and Tour Operators (MATATO) earlier issued a statement condemning the government’s decision to close five Villa Hotels’ resort spas over allegations of prostitution. MATATO noted that local and foreign resorts, tour operators and travel associations had expressed concern over the decision and that the damage to the industry would be grievous.

“The spa and wellness concept is very popular among tourists,” read the statement. “We urge the government to keep politics away from Tourism and also advise various
Tourism stakeholders as well to do same, as majority of Maldivians depends on Tourism for their livelihood and is something to be dealt with extreme caution and care.”

Today, MATATO did not respond to phone calls.

Speaking at a press conference held the day before the circular was issued, President’s Office Press Secretary Mohamed Zuhair justified the strong measure by saying that given the difficulty of distinguishing spas which endorse prostitution from those which do not, and that many high-profile Maldivians visit resort spas, it was important that strict measures be taken to protect those Maldivians’ good names.

Meanwhile, members of the coalition which made the demands have accused the government of “making a mockery of the demands” and “making excuses.”

Alleging that the government is targeting protesters, coalition spokesperson Abdullah Mohamed announced a sixth demand–that the government “stop causing harm to anyone who participates in the religious movement”.

The coalition has given the government until January 5 to fulfill the demands made on December 23, and has warned of further mass protests or direct action in the event that the deadline is not met.

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