Supreme Court case against HRCM undermining commission’s mandate, says MDP

The Maldivian Democratic Party (MDP) has voiced concern over the Supreme Court suo moto case against members of the Human Rights Commission of the Maldives (HRCM) regarding a report submitted to the UN Human Rights Council last week.

In a press statement released today, the opposition party said that the members of the commission were summoned to the Supreme Court because of their criticism of the judiciary the submission to the Universal Periodic Review (UPR).

“The party believes that by initiating a suo moto, the Supreme Court is undermining the responsibilities vested by the Maldivian Constitution and international conventions on the independent commission,” read the MDP’s press statement.

Speaking to Minivan News today, parliamentary leader of the ruling Progressive Party of Maldives (PPM), Ahmed Nihan, said that it is not the place of any member of the government or an independent body to criticise the Supreme Court.

Nihan noted that the commission was fulfilling its mandate by publishing the report but also said  the Supreme Court was carrying out its own duties by upholding the constitution.

Members of the commission were summoned one by one to the Supreme Court yesterday (September 22) and informed of the suo moto initiated by the Supreme Court.

The HRCM report criticised the growing power of the court, suggesting that control of the judiciary by the Supreme Court was damaging the lower courts.

HRCM members said yesterday that they were faced with numerous charges although they had been advised by their lawyer not to give further details. The members are scheduled to be present at a hearing tomorrow morning (September 24).

Article 27 of the HRCM act grants immunity from prosecution in relation to acts carried out as part of the commission’s duty unless a formal inquiry proves that some components in the report are proven to be false.

Earlier this year, Supreme Court used the unprecedented suo moto proceeding, in which the court acts as its own plaintiff and judge, in the removal of Elections Commission (EC) President Fuwad Thowfeek and Vice President Ahmed Fayaz.

Both were charged with contempt of court and disobedience to order as a result of testimony given to the People’s Majlis’ independent commission’s oversight committee

Through a raft of regulations enacted in recent months, the Maldives Supreme Court has sought to consolidate control over administrative affairs of the judiciary.

Changes to contempt of court regulations made in June authorised courts to initiate legal proceedings and punish individuals for any expression, action, gesture, or piece of writing “inside or outside a courtroom” that could be considered contempt of court.

The court has come under criticism both home and abroad in recent months, with a sex-tape scandal and perceived interference in the 2013 presidential elections among the issues causing controversy.

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Comment: Afrasheem, Rilwan, and the future of the Maldivian community

Writing in the 1970s, anthropologist Clarence Maloney remarked that religion in the Maldives was limited to “washing, fasting and praying”.

What he meant is similar to what MB Hooker observed in the Southeast Asian Muslim populations – Islam was characterised by “a ‘non-literally’ Muslim culture”, limited largely to practice without much theorisation and philosophising.

However, since the 1980s – and especially since the year 2000 – the most spectacular change in our culture has been the conscious appropriation and questioning of received religious doctrines and practices. Processes associated with modernisation and mass education have enabled this never-ending fragmentation of discourses, interpretations, and different visions at a larger scale.

This is what Eickelman and James Piscatori described as the “objectification of Muslim consciousness” that has now swept the whole Muslim world. Maldives is no exception to this.

Fragmentation

It was in this emerging context of fragmented religious discourses and different religious interpretations that the regime of President Maumoon Abdul Gayoom suppressed both those who embraced Salafi interpretations of Sharia and those drawn toward more pluralist Sharia.

It is in this context – now characterised by extreme political and social uncertainties – that one of the most prominent Maldivian religious scholars, Dr Afrasheem Ali, was murdered in October 2012. It was also in this same context that my friend, journalist, and human rights activist Ahmed Rilwan disappeared six weeks ago.

None of us yet knows the truth about those tragedies. But what we know is that both have significant religious context. Afrasheem had faced harassment and assault on several occasions because of his religious views. Similarly, Rilwan – once a Salafist – received threats because of his criticisms of certain understandings of Sharia.

More importantly, the murder and disappearance sends a chilling message to the rest of us – religious disagreements cannot be tolerated.

The fact of the matter is that, however small and homogenous, ours is now a society characterised by pluralism. We cannot wish away these disagreements on deep questions of what the good life is.

In need of a new moral order…

But ethical and religious disagreements do not mean there is no possibility of a moral order for collective life that we could come to agree upon.

Such a moral order must be based on political and moral principles that we all can – or should – value, i.e. liberty, equality, and peace. These are also among the higher values that Islam stands for.

In this moral order, there should be a maximum and genuine role for religion. It is not a secularist moral order where religion must be privatised, or religion is seen as something that will just disappear with the rise of ‘rationality,’ science, or modernisation.

In my view, both the Maldivian Democratic Party and the Dhivehi Rayyithunge Party/Progressive Party of Maldives have failed to articulate a vision of democracy that genuinely respects the place of religion in democracy.

Officials of both governments have characterised religious people as somehow irrational or pre-modern. Both governments have tried to control or co-opt religion in their instrumentalist and ideological narrowness.

A democracy based on such a moral order does not make a fetish out of ‘secularism’ or ‘separation of religion from the state’. Secularism is not about separation as such. It is about certain moral ends, including liberty and equality.

Sometimes separation and at other times accommodation will promote those values. There is no a priori fixed solution (such as “a wall of separation”) to the relationship of religion to the state in order to achieve those ends.

Context is everything. And contextual reasoning is the way forward.

Thus the moral order the Maldives need is not that of the mainstream secularism we find in France, Turkey, or sometimes even the US – where the value of religion and the rights of religious people are not fully recognised.

In this new moral order, religious parties and religious scholars must have an equal place in the public sphere as their secular counterparts. Laws and policies based on religious values must have a place too. How else could it be, unless we think we can simply separate our religious selves from our political selves?

Only a ‘thin’ liberal conception of citizenship based on a ‘thin’ understanding of epistemology would think moral truth is somehow ‘secular’.

…for a new imagined community

To be sure, in concrete terms, this moral order means freedom of religion cannot be denied – citizenship cannot be denied on religious grounds. How can anyone of us in all religious honesty deny this basic and God-given right?

Even Gayoom, who was the architect of the prevailing insular nation-identity based on ‘sattain satta muslim quam/100 per cent Muslim nation’ had to acknowledge that the denial of religious freedom in the Maldives was in spite of Islam:

The real essence of Islam…is that it is non-discriminatory. Its tolerance of other beliefs and religions is clearly established in the Holy Quran…

We Maldivians…hold freedom of belief as sacred and we abhor discrimination…on any grounds whether of creed, colour or race. It is only that we are such a homogenous…society based on one national identity…that we are convinced that the preservation of this oneness in faith and culture is essential for the unity, harmony, and progress of the country.

Gayoom, Address at the Opening Ceremony of the Seminar on ”The Calls for Islam in South and South East Asia’, 1983

In other words, a universal precept of Quran was overridden by his attempt at creating a homogenous ‘imagined community’. While this imagined community had been homogenous, the real community has undergone fragmentation of religious discourse.

As a result, the national self-understanding that Gayoom – still leader of the country’s ruling political party – created is now being subjected to vigorous contestation from all fronts – both religious and secular. That is why we are in need of a new moral order for a new imagined community.

Why Afrasheem and Rilwan matter

Perhaps one of the biggest immediate challenges for a new moral order in the Maldives is related to the tragedies of Afrasheem and Rilwan.

Besides our human concern for them, the need for a new moral order is the long-term reason why we all must be concerned to find truth about them. That is why everyone should be calling for greater accountability of the government in these cases.

That is why I support the #suvaalumarch taking place tomorrow afternoon (September 19) in Malé.

For the future of democratisation in the direction of this new moral order is contingent on seeking truth and justice for Afrasheem and Rilwan.

Azim Zahir is a PhD candidate at the Centre for Muslim States and Societies, University of Western Australia.

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President Yameen to personally oversee health sector

With additional reporting by Daniel Bosley

President Abdulla Yameen has announced that he will personally oversee the Maldives’ health sector until it overcomes its current problems.

“When things don’t get done, it is the president elected by the people who has to bear responsibility. But the democratic way is to delegate the work and let others do it. And doing things through institutions and offices,” local media quoted Yameen as saying in Addu City yesterday (August 11).

“If everything has to be done by the president, then we can just pay the president a large salary, send everyone else home and the work will be done. But we have offices and departments because we don’t want to do that.”

Speaking at a Progressive Party of Maldives (PPM) rally, Yameen alleged that, despite a lot of developments having been brought to the health sector during Gayoom’s administration, no investments have been made during President Mohamed Nasheed’s time in office.

The Ministry of Health has been headed by Defence Minister Colonel (retired) Ahmed Nazim after former minister Dr Mariyam Shakeela’s renomination was rejected by the Majlis last month, and had fallen under the oversight of Vice President Dr Mohamed Jameel Ahmed.

In an interview with Haveeru earlier this week, Dr Shakeela alleged that she had received threats and intimidation prior to her departure, suggesting that political opponents wished to remove her in order to benefit from corrupt development deals.

“When things fail, all the complaints are targeted to the president and in the end it is whoever is elected to the post of president that needs to carry the responsibility for everything,” President Yameen told local media.

“Therefore, I have decided that although the sector was not overseen by me previously, I am going to run the health sector directly under my oversight until it overcomes its current hurdles,” he continued.

Corruption claims

Dr Shakeela – whose time in office was marked by a number of high profile mishaps within the sector – told Haveeru that she had not been provided adequate powers to carry out the changes required.

“When I was given the post, some people said this can’t be done by bringing in someone from far outside after we worked hard to bring this government,” she was quoted as saying.

“So from the start there were some people who were bent on showing that I was a failure.”

The state-owned Indira Gandhi Memorial Hospital (IGMH) – long criticised for lack of qualified doctors and inadequate medical facilities – transfused HIV positive blood to a patient in February due to an alleged technical error.

In June, Fuvahmulah councillors called for Shakeela’s resignation after a case of stillbirth, an interrupted caesarean, and the death of a soldier on the island. A few weeks after, over 300 protestors demonstrated in Haa Dhaal Kulhudhuffushi over deteriorating conditions at the regional hospital.

Responding to Shakeela’s interview this week, PPM parliamentary group leader Ahmed Nihan told Minivan News that acting minister Nazim was carrying out “tremendous” work in the sector – work he is confident Dr Shakeela could not have done.

Nihan argued that the removal of Dr Shakeela was an example of good democratic practice after PPM members became dissatisfied with her performance.

On Monday (September 11) the ministry was reported to have signed an agreement with Sunshell Maldives Pvt Ltd for the MVR1.2 million (US$77,821) renovation of Hithadhoo regional hospital.

Yameen yesterday also praised acting health minister Nazim’s performance, saying he was “working very actively and conducting some very important work”.

He said that Nazim regularly deliberates with him on health sector issues, implementing his suggestions.

“I am therefore confident that with the current minister, I will be able to bring about the changes I desire in even the atoll level hospitals,” said Yameen.

The president is visiting Feydhoo and Hithadhoo islands in the southern atoll to examine ways in which the government’s development agenda can be implemented.

In addition to inaugurate a road construction project in Feydhoo, Yameen announced a land reclamation project to be started on the same island next year, as well as a atoll-wide sewerage project to begin this year.

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Elections Commission fines Jumhooree Party for ninth time

The Elections Commission (EC) has fined the Jumhooree Party (JP) for a ninth time over fraudulent membership forms.

The EC explained in a press release that the JP was fined MVR10,000 (US$649) after the commission discovered repeated fingerprints of 36 persons on 258 party membership forms.

The fine was levied under Article 48(a) of the Political Parties Act.

In March, the EC also fined the ruling Progressive Party of Maldives after it emerged that a membership form was submitted on behalf of a deceased individual.

In June 2013, the Anti-Corruption Commission discovered that two membership forms submitted by former President Dr Mohamed Waheed’s now-defunct Gaumee Ihthihaad Party “were signed by persons who had passed away prior to the forms being sent to the EC.”

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“Hope Rilwan is found safe and sound”: Gayoom

Former President and leader of ruling Progressive Party of Maldives (PPM) Maumoon Abdul Gayoom has expressed his hope that missing journalist Ahmed Rilwan Abdulla will be found “safe and sound”.

Speaking at a press conference held on Sunday on his return from a seminar in Samoa, Gayoom responded to media queries regarding Rilwan, believed to have been abducted 30 days ago.

“I believe the government is conducting a lot of work to find him. No government body has been negligent in this work. They are speedily conducting the investigation. God willing, this matter will be solved at the earliest, and he will be found safe and sound,” Gayoom stated.

“Our party is also looking into this matter very closely. Our party has even released a press statement expressing our deep concern on the matter. We said (in the statement) that we hope is found safe and sound,” Gayoom continued.

Meanwhile, Rilwan’s family and friends have approached all major political parties including ruling Progressive Party of Maldives (PPM), Jumhoorere Party (JP) and main opposition Maldivian Democratic Party (MDP) requesting meetings and cooperation in efforts to find the 28-year-old journalist.

While the group reports that they have met with the MDP and JP, who have both pledged to offer assistance, the PPM has so far failed to respond to the request.

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MDP submits over 300 amendments to SEZ bill

The opposition Maldivian Democratic Party (MDP) has submitted more than 300 amendments to the government’s flagship special economic zone (SEZ) legislation, currently in the final stage of the legislative process.

Briefing the press on the proposed revisions (Dhivehi) yesterday, MDP MP Rozaina Adam appealed for the public and local councils to urge pro-government MPs to vote for the amendments.

The ruling Progressive Party of Maldives (PPM) and coalition partner Maldives Development Alliance (MDA) have 48 seats in the 85-member People’s Majlis.

The MDP contends that an SEZ law would pave the way for money laundering and other criminal enterprises, undermine the decentralisation system, and authorise a board formed by the president to “openly sell off the country” without parliamentary oversight.

The party also objects to exempting investors from paying import duties or taxes for 10 years as well as allowing companies with foreign shareholders to purchase land without paying sales tax.

The government, however, maintains that SEZs with relaxed regulations and tax incentives were necessary both for foreign investors to choose the Maldives over other developing nations and to launch ‘mega projects,’ which President Abdulla Yameen has said would “transform” the economy through diversification and mitigate the reliance on the tourism industry.

Following the submission of a report (Dhivehi) by the economic affairs committee after reviewing the legislation, the third and final reading of the bill began at today’s sitting of parliament.

MDP MPs proceeded to propose and second the amendments, which would be put to a vote individually ahead of a final vote on passing the bill.

Amendments

MDP MP Ibrahim Shareef explained yesterday that the main changes proposed to the bill include removing a provision to allow companies with a 49 percent stake held by foreign shareholders to purchase land.

The article would be changed to allow such companies to lease the land in lieu of ownership, he noted.

Moreover, a provision allowing leasing of land to foreign companies for 99 years would be revised to reduce the lease period.

The party further proposed adding a provision to require 75 percent of jobs in the SEZs to be reserved for Maldivians.

In line with Article 41 of the Constitution, Shareef said an amendment was proposed to require “fair and adequate compensation” to be paid for private property acquired by the state.

The MDP also proposed scrapping Article 74 of the draft legislation, which allows up to 40 percent of any zone to be tourist-related development with tax and duty exemptions.

Moreover, Shareef said an amendment was proposed to prevent resorts under development from being declared an SEZ.

Amendments were also forwarded for mandatory consultation with local councils ahead of declaring any region under council jurisdiction an SEZ.

On provisions for offshore banking, Shareef noted that an amendment was proposed for the Maldives Monetary Authority or central bank to exercise oversight over the financial services.

MDP MP Ibrahim Mohamed Didi – a retired brigadier general – meanwhile proposed an amendment banning any form of gambling or casinos in the SEZs.

He also proposed outlawing the construction of churches or temples for the worship of other religions as well as any such congregation in the SEZs.

Shareef contended that the party’s amendments would not obstruct the operation of the zones “fairly and without corruption in a way that would benefit the country”.

MP Rozaina explained that the other amendments were intended to hold the government accountable through parliamentary oversight.

An amendment was proposed requiring parliamentary approval for the president’s appointees to the investment board.

Moreover, amendments were proposed to include either an opposition MP or one member from each political party represented in parliament on the investment board.

Responding to opposition criticism of the SEZ bill last week upon returning from a visit to China, President Yameen noted that the constitution allows for “freeholds” and leasing of land for 99 years.

Article 251(b) of the Constitution states, “A foreign party shall not receive a lease of, or be given in any other way, any part of the territory of the Maldives for a period exceeding 99 years.”

Large foreign investments of US$300 to US$400 million would not be made if the lease period was any lower, Yameen argued, adding that “freehold rights” were offered for 99 years in developed nations.

Referring to the ‘iHavan’ transhipment port project  in Ihavandhippolhu, Yameen noted that the creation of SEZs would involve significant land reclamation while other areas that would be designated as SEZs were presently not utilised.

“So if it is MDP or anyone else talking about it, we are going to go forward with this work. God willing, it will go forward. And God willing, the special economic zone bill will be passed,” he said.

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Parliament rejects amendments to Decentralisation Act

Parliament today rejected amendments submitted by Progressive Party of Maldives (PPM) MP Riyaz Rasheed to the Decentralisation Act to transfer land and and lagoons under local council jurisdiction or ownership to the housing ministry.

The amendments were rejected with 68 votes against, six in favour and three abstentions. Pro-government MPs also voted against the amendment bill submitted by the PPM parliamentary group deputy leader.

“I am proposing amendments to the Decentralisation Act to the [People’s] Majlis today because of the disputes concerning land between councils, city councils and the housing ministry, and because the existing land law and decentralisation law does not make clear enough to us who has ownership of land,” Riyaz had said while presenting the legislation (Dhivehi) last week.

“Therefore, I certainly believe that the state’s property should be under one institution.”

In the ensuing debate, MPs of the opposition Maldivian Democratic Party (MDP) and Jumhooree Party (JP) accused the government of attempting to “destroy” decentralisation and render councils powerless.

The amendments would defeat the purpose of devolving decision-making powers, they contended, noting that articles 234 and 235 of the Constitution state that local councils shall have the authority to “raise funds” and “own property and incur liabilities”.

Riyaz  had argued that state assets should be under the control of the executive, alleging that councils with opposition majorities were deliberately obstructing development projects by refusing to provide land.

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MP Riyaz Rasheed withdraws amendments to law on privileges and protection for former presidents

Progressive Party of Maldives (PPM) MP Riyaz Rasheed has withdrawn amendments proposed to the Privileges and Protection for former President’s Act of 2009.

At today’s sitting of parliament, the PPM parliamentary group deputy leader said he decided to withdraw the bill as it required revision, adding that he would resubmit during the next session after the upcoming one-month recess.

The amendment proposed denying financial benefits and protection for former presidents if they are either convicted of a criminal offence or encourages an act that threatens Maldivian sovereignty and independence.

Similar amendments proposed by the Vilufushi MP twice before had been rejected by the previous parliament.

The 2009 law stipulates a monthly allowance of MVR50,000 (US$3,243) for a president who has served one term.

Before declaring his intention to withdraw the amendments, Riyaz suggested it could be beneficial to allow the bill to be debated on the People’s Majlis floor to “recall” the alleged misdeeds of former President Mohamed Nasheed and the Maldivian Democratic Party (MDP) government.

He went on to allege that the party was behind all the murders that have occurred in the Maldives, prompting MDP MP Ibrahim Shareef to object with a point of order.

PPM MPs were using the Majlis floor as “a political podium,” Shareef said.

Following the controversial transfer of presidential power on February 2012, the government had questioned Nasheed’s eligibility for state benefits on the grounds that he had not completed a full five-year term in office.

In June 2012, MDP MP Ahmed Hamza revealed that the state had spent MVR1.3 million (US$84,300) on healthcare costs for former President Maumoon Abdul Gayoom and his wife from 2010 to April 2012.

In November 2012, Riyaz threatened to sue the finance minister and attorney general for providing state benefits to former President Nasheed.

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Gayoom warns of spread of “secular ideology”

Former President Maumoon Abdul Gayoom has warned of the spread of “secular” or “irreligious” ideology in the Maldives, reports local media.

Speaking at a ceremony held last night to hand over funds to the Progressive Party of Maldives’ (PPM) branches, the ruling party’s leader was quoted as saying that “our responsibility should be to protect the country and uphold the principles and tenets of Islam.”

Gayoom warned of “an ideology to allow other religions on Maldivian soil” as well as efforts to instil values or practices that were contrary to Maldivian traditions and culture.

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