Tag: transparency maldives

Ratification of limits on freedom of assembly won’t affect ‘revolution’: MDP

The ratification of the Freedom of Peaceful Assembly Bill is a “direct response” to the Maldivian Democratic Party (MDP)’s proposed revolution, the party’s Spokesperson Hamed Abdul Ghafoor has alleged.

Yesterday (January 11) the President’s Office website announced that President Mohamed Waheed Hassan Manik had approved the controversial bill, which enforces limits for protests in the Maldives.

Parliament passed the bill on December 25, 2012 with 44 votes in favour and 30 against – a decision which attracted criticism from NGOs within the country who warned the bill could “restrict some fundamental rights”.

Ghafoor told Minivan News that the MDP stood against the principles of the Freedom of Assembly Bill, alleging its ratification is a response to the ‘Ingilaab’ proposed by former President Mohamed Nasheed last month.

“We are not happy with this bill, and on principle alone we are against it. The current government feels the need to restrict freedom of expression and unwind the democratic gains of this country,” he alleged.

“The whole intention of this bill was to respond to our popular uprising. But when the time comes [for the revolution] the bill won’t matter. We will still go out onto the streets,” Ghafoor claimed.

Among the key features of the Freedom of Assembly bill is the outlawing of demonstrations outside private residences and government buildings, limitations on media covering protests not accredited with the state and defining “gatherings” as a group of more than a single person.

One of the main stated objectives of the legislation is to try and minimise restrictions on peaceful gatherings, which it claims remain a fundamental right.

Under the legislation, demonstrations will be outlawed within a certain distance of the residences of the president and vice president, tourist resorts, harbours utilized for economic purposes, airports, the President’s Office, the courts of law, the Parliament, mosques, schools, hospitals and buildings housing diplomatic missions.

NGO concerns

In a joint statement from local NGOs Transparency Maldives (TM) and Maldivian Democracy Network (MDN) this month (January 2), it warned that the bill posed “serious challenges to the whole democratic system”.

The statement claimed that the bill could restrict the constitutional right to freedom of assembly (article 32), freedom of expression (article 27) and press freedom (article 28).

As article four of the constitution states that “all the powers of the state of the Maldives are derived from, and remains with, the citizens,” both NGOs warned that narrowing the fundamental rights guaranteed by the second chapter of the constitution would “facilitate taking away from the public the powers that remain with them.”

Media “accreditation” on protest coverage

Last month, the Maldives Journalists’ Association (MJA) expressed concern over certain clauses in the ratified Freedom of Peaceful Assembly Bill, claiming that it will directly impact reporting by local and international media organisations.

In regard to the media’s right to cover demonstrations, the bill states that the Maldives Broadcasting Commission (MBC) must draft a regulation on accrediting journalists within three months of the ratification of the bill.

Only those journalists who are accredited by the MBC will be granted access to cover and report on gatherings and police activities in the vicinity.

MJA President and board member of the Maldives Media Council (MMC) ‘Hiriga’ Ahmed Zahir claimed last month (December 29) that the MBC – appointed by parliament – would not be able to accredit media persons in an independent manner free from any influence.

“We are seeing the MBC failing to address many existing issues even now, so we cannot support handing over additional responsibilities like this to such a body,” he added.

Zahir also raised concerns that foreign journalists coming to the Maldives would also be required to obtain additional accreditation. He said that international media was already faced with having to meet specific visa requirements and obtaining state approval.

“For example, [international reporters] cannot really cover events if they are just here on a tourist visa, that won’t be allowed anywhere in the world,” he said.

Speaking on the matter of media accreditation, MDP Spokesman Ghafoor alleged to Minivan News today that it was the current governments “intention” to control the media coverage of protests.

“When the incumbent government took over office, they took over the state media too. We have noticed this trend continuing today,” he claimed.

President’s Office Spokesman Masood Imad was not responding to calls at time of press today.

However back in November last year, Imad previously defended a case submitted to Supreme Court by the Attorney General that claimed causing a public disturbance in the name of political protest is against the constitution.

The case, submitted in September, requests the Supreme Court to rule that such protests are against some articles of the constitution. This includes disturbing the public, using foul language and “protesting in a manner that instills fear into the hearts of children and the elderly”.

Speaking back in November regarding the case, Imad said: “A protest should be about changing something. A protest conducted in residential areas has nothing to do with parliament. Public protest and public nuisance are two very different things.”

The President’s Office Spokesman further stated that the government “fully” supports the right to protest, but added that it should not be conducted in a way that negatively affects the lives of others.

Minivan News attempted to contact MPs and spokespersons from Progressive Party of Maldives, Dhivehi Rayyithunge Party, Dhivehi Qaumee Party, Jumhoree Party, People’s Alliance and Maldivian Development Alliance to speak on the matter, however none were responding to calls at time of press.

Likes(0)Dislikes(0)

Maldives legal system “inaccessible” to migrant workers: Transparency Maldives

Migrant workers suffering poor treatment from their employers are giving up on taking their cases to court due to the “inaccessibility” of the Maldives legal system, an official from Transparency Maldives’ Advocacy and Legal Advice Centre (ALAC) has claimed.

ALAC Communications and Advocacy Manager Aiman Rasheed told Minivan News today that a large number of human rights abuse cases in the Maldives are “potentially” going unreported due to foreign workers not taking their disputes to court.

Rasheed claimed that both defects within government bodies and corruption were to blame for the human rights abuses affecting migrant workers.

“We are finding that a lot of the issues raised at our ALAC mobile camps involve employees not receiving their wages, having their passports confiscated by employers or are living in sub-standard living conditions,” Rasheed said.

Because of the perceived inaccessibility to the legal system in the country, Rasheed claimed that a lot of injustices involving migrant workers were not being taken to court.

“Getting involved in a legal case is a very costly process. It is very hard for a normal person to afford the services and the process can take a very long time.

“The problem is that we [ALAC] appear to be the only agency providing free legal advice to migrant workers, despite authorities recognising there is a need for free advice,” Rasheed claimed.

Since being launched back in 2012, ALAC has been providing free legal advice and training to victims and witnesses of corruption through mobile camps in Vaavu Atoll and Addu City.

So far, ALAC has assisted with 64 ongoing legal cases related to migrant rights abuses in just six months, whilst further providing advice and training to over 3,000 individuals, Rasheed claimed.

“While we cannot provide financial support to these individuals, we can offer guidance through our lawyers making the entire legal process a lot easier to navigate,” he said.

“We are wanting to further strengthen our partnership with state departments, because this is a national problem.”

While state departments have begun to introduce initiatives targeted at raising awareness of human rights abuse, in particular the ongoing issue of human trafficking, Rasheed claims that there has been no “serious action” taken to address the problem.

“There is a good reason as to why we are on the US State Department’s Tier Two watch list for human trafficking for [three] years in a row,” he added.

Blue Ribbon Campaign Against Human Trafficking

The Ministry of Foreign Affairs Yesterday (January 9) inaugurated an initiative targeted at raising awareness of the human trafficking issue in the Maldives.

The strategy, entitled ‘Blue Ribbon Campaign Against Human Trafficking’ is expected to include activities to try and raise awareness among students and the business community.

The tourism industry, which employs the largest number of foreign staff in the country, was identified as another key focus of the initiative.

The Foreign Ministry announced that it had signed a memorandum of understanding (MOU) with multiple local media outlets in the country as part of the campaign’s aim to raising awareness of human trafficking and other related issues.

India’s concerns

Last month, Indian authorities raised concerns about the treatment of migrant workers in Maldives, stating that the tightened restrictions over providing medical visas to Maldivians was a “signal” for the Maldivian government to address the their concerns.

The commission spokesperson added that the introduction of the tighter regulations was imposed as a clear “signal” from Indian authorities that the concerns it had over practices in the Maldives such as the confiscation of passports of migrant workers, needed to be brought to an end.

On November 26, 2o12, a public notice had been issued by the Maldives Immigration Department requesting no employer in the country should be holding passports of expatriate workers.

Back in October, a senior Indian diplomatic official in the Maldives had expressed concern over the ongoing practice of confiscating passports of migrant workers arriving to the country from across South Asia – likening the practice to slavery.

The high commission also claimed this year that skilled expatriate workers from India, employed in the Maldives education sector, had continued to be “penalised” due to both government and private sector employers failing to fulfil their responsibilities.

Individuals wishing for free legal advice from Transparency Maldives’ Advocacy and Legal Advice Centre can contact the organisation for free on (800) 3003567

Likes(0)Dislikes(0)

Recent bills “restrict fundamental rights,” NGOs warn

A number of bills passed by parliament in 2012 could “weaken the democratic, good governance system” and “restrict some fundamental rights,” local NGOs Transparency Maldives (TM) and Maldivian Democracy Network (MDN) have warned.

In a joint statement issued today, the civil society organisations expressed concern at the potential narrowing of constitutional rights to freedom of assembly and expression as well the formation of political parties.

The statement also expressed concern with the “loss of transparency” due to the decision to conduct no-confidence motions through secret ballot.

With legislative and oversight powers over the executive and independent institutions, the NGOs noted that the People’s Majlis had “the most prominent role” in establishing democratic, good governance and protecting human rights.

The NGOs also called on the relevant authorities to ensure that MPs could fulfil their legal responsibilities “free from harassment and fear in a secure environment”

It added that the NGOs did not believe calls for dissolving parliament “could strengthen the People’s Majlis.”

On the amendment approved to the parliamentary rules of procedure to conduct no-confidence motions through a secret vote, the NGOs said it believed that decision could lead to “loss of transparency in the Majlis, pave the way for corruption and impede holding the people’s representatives accountable.”

Fear of physical harm or other forms of retribution based on such votes was not a justification for the decision, the NGOs said, contending that secret votes was “not the solution” to the purported threats.

The political parties bill meanwhile restricted the constitutional right to form political parties by requiring 10,000 members for registration, the statement continued.

“What is needed to strengthen the functioning of the party system is to increase participation of party members, party’s taking initiative to inform members of financial matters, auditing, ensuring implementation and taking measures against violations,” the statement read.

The NGOs suggested that the number of votes a party receives in general elections, number of parliamentary seats and strength of internal mechanisms could be used as a measure to provide state funding in lieu of the number of registered members.

The organisations further contended that the bill on peaceful assembly posed “serious challenges to the whole democratic system.”

The bill could restrict the constitutional right to freedom of assembly (article 32), freedom of expression (article 27) and press freedom (article 28), it added.

As article four of the constitution states that “all the powers of the state of the Maldives are derived from, and remains with, the citizens,” both NGOs warned that narrowing the fundamental rights guaranteed by the second chapter of the constitution would “facilitate taking away from the public the powers that remain with them.”

The legislation on freedom of assembly was passed on December 25 with 44 votes in favour and 30 against.

MPs of the formerly ruling Maldivian Democratic Party voted against the bill, which would outlaw demonstrations outside designated areas and require accreditation for media to cover protests.

Parliamentary privileges

Transparency Maldives and Maldivian Democracy Network also expressed concern with the controversial parliamentary privileges bill passed last month.

The bill was submitted in late 2010 and became the subject of controversy and public outrage. In January 2011, a group of “concerned citizens” demonstrated and petitioned then-President Mohamed Nasheed urging him to veto the legislation.

The bill was passed on December 27, 2012 with Speaker Abdulla Shahid casting the tie-breaking vote.

The vote was tied 31-31 with three abstentions. Most MPs of the opposition MDP voted against it and later raised concerns with some of the clauses.

In its statement, the NGOs insisted that the parliamentary privileges bill should have been “based on the concept of privileges stated in article 90 of the constitution” to uphold the “integrity of the institution” and ensure that MPs could fulfil their duties “free of undue influence”.

Article 90(a) states, “No member or other person shall be liable to any proceedings in any court, and no person shall be subject to any inquiry, arrest, detention or prosecution, with respect to anything said in, produced before, or submitted to the People’s Majlis or any of its committees, or with respect to any vote given if the same is not contrary to any tenet of Islam.”

Moreover, article 90(b) states, “No person or newspaper or journal shall be liable in respect of any report or proceedings made or published under the authority of the People’s Majlis, or in respect of any fair and accurate report of the proceedings of the People’s Majlis or any of its committees, where this is done in accordance with principles specified by the People’s Majlis.”

The NGOs contended that the parliamentary privileges bill violated the spirit of article 90 of the constitution and contained “inappropriate financial and other benefits” for MPs.

The NGOs concluded their statement by calling on parliament to review the bills passed during the third session of 2012.

The statement urged MPs to consider the constitution and human rights as well as “international general principles and measures” in its review of the approved legislation.

Beyond privileges

In a video message posted on his personal blog yesterday (January 1), Independent MP for Kulhudhufushi South Mohamed ‘Kutti’ Nasheed explained that the “main reason” he voted against the privileges bill was because it “contained a number of clauses outside the meaning of privileges.”

Parliamentary privileges should be construed as eliminating obstacles to fulfilling MPs’ legal responsibility, Nasheed said.

Former Information and Legal Reform Minister Nasheed objected to clauses in the bill specifying financial benefits for MPs as well as jail terms for persons found guilty of violating  MPs’ privileges.

“In my view, when we are implementing these things for the first time, we could settle for fines instead of big criminal punishments,” he said.

Nasheed also disagreed with a clause that allows convicted MPs serving a jail term or sentence of less than 12 months to participate in parliamentary proceedings. MPs convicted to longer than a year would lose their seats.

The bill also stipulates that MPs who serve one five-year term would receive 30 percent of their pay as a retirement pension upon reaching 55 years of age and 45 percent as a pension if they serve two five-year terms.

Nasheed noted that seven percent of an MP’s salary was contributed to the pension fund under the existing pension law, which the bill did not address.

Moreover, Nasheed contended that the bill conflicted with a number of provisions in the parliamentary rules of procedure or standing orders.

Among other issues he raised, Nasheed noted that punishments for offences specified in the bill contravened punishments in existing laws and that the parliamentary secretary-general was to receive “the security offered to the Speaker of Parliament, a state car and a diplomatic passport.”

Nasheed also observed that the legislation did not settle the question of whether MPs could refer to ongoing court cases during parliamentary debates.

While the bill states that official secrets must not be disclosed, Nasheed said it did not specify a penalty for the offence.

Nasheed also expressed concern with the absence of ethical guidelines or rules for MPs in exercising powers to demand and receive any information – “for example, a person’s bank account, information regarding his health, information on loans he has taken.”

According to the privileges legislation, persons who refuse to comply with such demands for information, documents or records would face penalties or punishments specified in the bill.

As both the executive and judiciary would have special privileges as well, Nasheed suggested that such a bill should “balance the scale” between the three powers of state.

Likes(0)Dislikes(0)

Maldives omitted from 2012 global corruption index due to “insufficient data”

The Maldives has been omitted from Transparency International’s global Corruption Perception Index (CPI) for 2012 after it failed to receive required data from one of the three sources used to determine how it fares against other nations in terms of transparency.

The CPI ranks 176 nations in terms of their perceived corruption. States such as Denmark and Singapore rate at the top, while nations such as Zimbabwe and Somalia fall at the bottom of the index.

Last year the Maldives found itself placed 134 on the CPI, a slight improvement on 2010, despite continued fears of a “systemic failure to address corruption” by Transparency Maldives, the NGO’s local affiliate.

Transparency Maldives Project Director Aiman Rasheed told Minivan News that the Maldives’ failure to be included within the 2012 CPI “would raise a few eyebrows” internationally.

However Rasheed said that he did not expect there to be a significant detrimental impact in how the nation was already perceived by financiers, investors and other development groups.

“We have been included [on the CPI] for the last few years in 2011, 2010 and 2009, so I don’t think the ranking for this year will have been a big departure from these,” he said, adding that the challenges facing the country as a result of corruption still existed in 2012.

Rasheed said the CPI was a composite index based on information from a number of sources including the World Bank. He explained that of the three sources on which the Maldives’ CPI position was determined, the Asia Development Bank (ADB) had this year not supplied the required information needed by Transparency Maldives to compile its findings.

“We don’t have any reason for why this has happened and I would not wish to speculate,” he said.

However, a source with knowledge of the matter told Minivan News on condition of anonymity that there could be a number of reasons for the ADB failing to provide information on the Maldives.  These reasons were said to include a possible failure by the government over the last 12 months to provide statistics and figures to the ADB.

The ADB was not responding to calls from Minivan News at time of press.

Questioned as to how the country’s omission from the 2012 index would reflect on Transparency Maldives’ own work, Project Director Rasheed said it would be vital to clearly communicate with international groups the reasons for not being included this year.

“It does present us with some challenges. We have to hope people understand that there was insufficient information received,” he said.

Transparency Maldives last year alleged that the Maldives continued to be rated as having more perceived corruption that many other neighbouring countries, a situation linked to what it claimed was a lack of accountability and transparency across the country’s judiciary, parliament and members of the executive. The NGO maintained that last December that there remained a “systemic failure” within the national mechanisms established to bring accountability to the branches of state.

Just last month, a senior legal official who served under the current and former administrations has claimed the country’s legal system is wide open to corruption by allowing individual judges to schedule court hearings at their whim.

The legal figure, who has been involved in some of the country’s highest profile cases heard in recent years, told Minivan News it was “quite evident” that the lack of a centralised system for scheduling legal hearings was not only resulting in massive inefficiency, but also allowing for corruption within the country’s court system.

Likes(0)Dislikes(0)

Transparency Maldives conducts RTI Symposium with state stakeholders

At a symposium on promoting right to information(RTI) organised by local anti-corruption NGO, Transparency Maldives, discussions were held on the importance of establishing a strong RTI regime in the country.

A variety of sessions, including RTI and democracy, administering an RTI regime, local governance and RTI, and proactive disclosure by the state were discussed at this symposium which aimed to create awareness among policy makers, public officials, civil society and media.

“We invited high level officials from relevant state institutions to the symposium. Our hope is that we can form partnerships to further promote RTI and advocate for passing the RTI bill currently in parliament with the best practices included in it,” Transparency Maldives Advocacy Manager Aiman Rasheed told Minivan News.

The NGO further said that they had invited experts from around the world to impart information about the importance of establishing a robust RTI law.

Speakers at the event included Senior Legal Officer for Freedom of Information and Expression at the Open Society Justice Initiative Sandra Coliver, Deputy Executive Director of the Open Democracy Advice Centre Mukelani Dimba, Legal Officer for the Centre for Law and Democracy Michael Karanicolas, Programme Coordinator of Access to Information Programme at the Commonwealth Human Rights Initiative Venkatesh Nayak, former Information Commissioner at the Indian Central Information Commission Shailesh Gandhi and Chairperson of local NGO Democracy House Mohamed Anil.

Speaker of Parliament, Abdulla Shahid, chief guest at the symposium, said in his speech that freedom of information is a concept alien to the local society. He said that it had traditionally been reserved for the privileged and powerful classes.

“Our society tended to make very deliberate demarcations between those who need to know, who should know and those who need not know,” he said, further adding, “I strongly believe access of information must be an indispensable part of any true democracy.”

Right to Information has been regulated in the Maldives from January 2009 under a presidential decree, following the failure to pass a similar bill in parliament in 2007. The current regulation covers only the ministries under the executive.

“In addition to the executive, the RTI Act should also cover the parliament, the judiciary, the independent institutions, the state companies, NGOs and utility companies,” said Rasheed in his speech.

He also added that there should not be “unnecessary obstacles” for information seekers, and that there should not be “blanket secrecy” granted to any institution.

A new RTI Bill was submitted to parliament in November 2009, which has since been pending at the Social Affairs Committee. Speaking at Monday’s symposium, Shahid said that Chair of the Social Affairs Committee had assured him that he was “very hopeful” the bill would be adopted before the end of the year.

In addition to conducting the symposium, Transparency Maldives has previously coordinated trainings on RTI for civil society and media, produced a critique of the RTI Bill at the Parliament’s Social Affairs Committee and received endorsements for their position on RTI from the Anti Corruption Commission, the Human Rights Commission of the Maldives, the Auditor General and the Ministry of Human Rights and Gender.

The NGO has also stated that it further intends to conduct workshops on RTI in 13 atolls and to assist in the establishment of a system through information technology which aims to increase convenience for the public in obtaining information from the state.

Minivan News tried contacting Chair of the Social Affairs Committee PPM MP Abdulla Maseeh Mohamed and Co-Chair DRP MP Hassan Latheef, but neither was responding to calls at the time of press.

Likes(0)Dislikes(0)

Climate Change Trust Fund receives money for new projects

The Maldives government and its international partners today announced the launch of three projects under the World Bank administered Maldives Climate Change Trust Fund (CCTF).

A total of US$8.5million has been contributed by Australian Agency for International Development (AusAID) and the European Union (EU) to the CCTF to assist with these projects.

The CCTF was established in 2010 after the signing of an MOU between the Maldives government, the World Bank Group and the EU with the aim of targeting solid waste management, capacity building for environmental management, and technical assistance for monitoring and managing key natural assets.

The projects announced today included the Ari Atoll Solid Waste Management Pilot (AASWM) and a project called Wetlands Conservation and Coral Reef Monitoring for Adaptation to Climate Change (WCCM).

AASWM will assist in reducing greenhouse gas emissions and damage done to the local marine environment in the western atoll.

“The success of the pilot project is expected to bring about the participation of the remaining inhabited islands of Ari Atoll, particularly those where IWMCs were built with prior funding from EU”, said Bernard Savage, EU’s Ambassador to the Maldives.

Australia’s new High Commissioner to the Maldives, Robyn Mudie described the benefits of the WCCM scheme.

“Sustaining wetlands and coral reefs is a cost-effective strategy for climate change adaptation with strong benefits for disaster mitigation, ecosystem conservation and economic growth”, she said.

The WCCM will work with resorts in North and South Male’ atolls to demonstrate the way in which monitoring techniques can help in targeting conservation efforts.

“The WCCM being implemented in Fuvahmulah of Gnaviyani Atoll, Hithadhoo of Addu Atoll and Alif Alif Ukulhas Island in North Ari Atoll will benefit its 22,000 inhabitants enabling the local governments to implement a clear strategy for wetland management, drainage management, ecotourism and community rainwater harvesting,” read today’s joint press release.

“These three projects will be particularly useful in the context of the decentralized governance framework and public private partnerships. Once piloted and proven successful, the models could be scaled-up and replicated across the country,” it added.

The final project announced today will attempt to provide an annual 300MWh of renewable energy via solar voltaic systems and energy efficiency measures for the people of Thinadhoo Island in the Gaafu Dhaalu Atoll.

“Independence from carbon-based fuels, if achieved through energy efficiency improvements and use of indigenous renewable energy resources has important energy security co-benefits as it will avoid fossil fuel imports that cost Maldives 20 percent of its GDP, annually”, said Dr. Mariyam Shakeela, Minister of Environment and Energy.

The Maldives’ most ambitious renewable energy project, the Scaling-Up Renewable Energy Program (SREP), fell through after political instability in the country deterred potential investors.

Climate change governance

The World Bank’s original objectives for the trust fund’s programme included strengthening government leadership and increasing the country’s institutional capacity to deal with climate change issues.

Following the announcement of these projects, local civil society group Transparency Maldives (TM) told Minivan News of its concerns regarding the CCTF financing agreement.

“We welcome the utilisation of the funds from the CCTF for the benefit of the people, but we note that the Financing Agreement of CCTF was signed in January 2011 and, as the Auditor General’s report for 2011 has identified, there are considerable delays as well as waste involved in CCTF,” a spokesperson said.

“This points to weaknesses in climate governance in the Maldives,” they added. “At the same time, we are deeply concerned by the constant change of institutions or creation of new institutions or inaction of existing ones. This increases risks of corruption.”

The spokesperson expressed their concerns that the civil society and the public were not more involved in the conception and planning of climate change projects.

TM established the Climate Change Integrity Project (CGIP) last year in order to help ensure that financing for climate change projects is transparent, equitable, and free from corruption.

“These three projects will be particularly useful in the context of the decentralized governance framework and public private partnerships. Once piloted and proven successful, the models could be scaled-up and replicated across the country,” said today’s EU, World Bank and AusAID press release.

The current government has been criticised by members of the opposition Maldivian Democratic Party (MDP) for what it views as attempts to undo the decentralisation measures taken during its time in office

Following the decision last April to re-centralise health and utility service, party member Aminath Shauna said that it was impossible to effectively implement country-wide services from the capital.

“They want to re-establish a relationship of dependency between the islands and Malé. Their intent in this is to consolidate power,” said Shauna.

Similarly, party’s spokesman Hamid Abdul Ghafoor last month stated his belief that public-private partnerships (PPP) initiated under the MDP government have been suspended “in the interest of preserving the status and wealth of few local wealthy businessmen.”

Likes(0)Dislikes(0)

Transparency Maldives launches free legal assistance for victims of corruption

Victims of corruption in the Maldives can now seek free legal assistance from experts at a new centre launched yesterday.

The “Advocacy and Legal Advice Centre” (ALAC) established by Transparency Maldives and funded by the government of Australia, will offer assistance and legal advice for both local and foreign victims of corruption in the Maldives.

Victims and witnesses of corruption can call the centre’s toll free number – (800) 300 3567 – and lodge their concerns and complaints anonymously.

The ALAC aims to provide legal assistance to victims and abolish corrupt practices in the nation through collaborations with relevant government and state institutions, private organisations and individuals and other stakeholders.

A Memorandum of Understanding has already being signed between the Anti-Corruption Commission (ACC) and the centre. Further negotiations are ongoing with 18 different organisations including the Elections Commission, Civil Court, Local Government Authority, Police Integrity Commission and Maldives Customs Service to discuss ways to collaborate in the centre.

Speaking at the ALAC launching ceremony, President of the ACC Hassan Luthfy welcomed the initiative to open the centre and called on stakeholders to lend their support to make the effort a success.

“The ACC stands to gain the most benefit from ALAC. The centre would make the commission’s work a lot more efficient,” Luthfy said.

Luthfy also expressed his satisfaction with the NGO in general adding that the ACC had received the most assistance from Transparency Maldives since the commission was formed.

Speaking at the ceremony, Executive Director of Transparency Maldives Ilham Mohamed highlighted the importance of assistance from relevant institutions in the advocacy projects currently undertaken by the NGO.

Transparency Maldives is currently in the process of formulating a new Anti-Corruption bill, Right to Information bill, Transparency in Political Party Financing bill and a bill on increasing transparency in the Decentralisation programme.

“While we are working on these bills it is very important for different people to offer their input into the process. We need more people to discuss their ideas with us, more debates on public forums or in the media. It would make the bills more complete,” said Ilham Mohamed.

The ALAC will also address issues related to labour authorities and human trafficking – one of Transparency Maldives’ “biggest concerns” at present.

Project Director of Transparency Maldives, Aiman Rasheed, said “the whole system [of expatriate labour] is just so corrupt. So we have an agreement to bring a member of staff from Transparency Bangladesh here over the next year to help us deal with complaints from Bangladeshi workers,” he said.

The Maldives rose slightly to rank 134 in Transparency International’s Corruption Perception Index (CPI) for 2011, a mild improvement on 2010 when the Maldives was ranked 143th – below Zimbabwe.

Rasheed said at the time that the ranking could not be compared year-to-year, especially in the Maldives where there were only a three sources used to determine the index (India has six).

“Corruption in the Maldives is grand corruption, unlike neighbouring countries where much of it is petty corruption,” Rasheed said. “In the Maldives there is corruption across the judiciary, parliament and members of the executive, all of it interlinked, and a systemic failure of the systems in place to address this. That why we score so low.”

Maldivians voted in the country’s first democratic elections in 2008 bringing an end to the 30-year rule of President Maumoon Abdul Gayoom. The first democratically elected President resigned in February following mutiny from security forces allegedly loyal to the former dictator.

Likes(0)Dislikes(0)

Transparency Maldives to open advocacy centre for local and foreign victims of corruption

Transparency Maldives is pursuing collaborations with various government and independent institutions in attempts to legally assist both local and foreign victims of corruption in the country.

Transparency Maldives Project Director Aiman Rasheed said a memorandum of understanding (MOU) signed this week with the country’s Anti-Corruption Commission (ACC) to provide technical advice through the establishment of an Advocacy and Legal Advice Centre (ALAC) was also being sought with a number of other local institutions and bodies.

According to the NGO, the centre will seek to offer assistance and legal advice for both local people and expatriates – especially in the case of workers from countries like Bangladesh – to help them address incidences of corrupt practices in the country.

With consultations taking place with various national bodies and organisations like the Police Integrity Commission (PIC), the Human Rights Commission of the Maldives (HRCM) and the Prosecutor General’s (PG) Office, Transparency Maldives claims it expects to announce additional partners for the project over the next month.

Rasheed told Minivan News that by June 10 he hoped to have additional support from a number of these bodies alongside the commitments of the ACC.

“We have so far received very positive responses from the PG’s Office and the HRCM,” he claimed. “In all honesty, we’ve been quite surprised at how open many of the institutions have been. We hope to have more big stakeholders on board.”

Under the terms of the MOU signed this week with the ACC, Rasheed claimed Transparency Maldives aimed to provide technical advice to the commission to try and help it make its systems for dealing with corruption “better”.

“The ALAC is designed to try and make things easier for victims of corruption. There is no protection right now for most people and it can be hard to get access to existing protective mechanisms,” he said. “We will provide complainants with proper legal advice on where they stand. Also, we currently have very little data in regards to current complaints. The MOU will let us better understand what gaps there are in the system and what exactly people are complaining about.”

International scope

Rasheed claimed that the ALAC project, which has been adopted by other national bodies aligned with Transparency International, had so far provided legal and technical assistance to some 48,000 corruption cases worldwide.

He added negotiations were presently taking place with customs and judicial authorities in an attempt to come to an agreement for similar collaborations.

However, Rasheed stressed that each institution had its own distinct set of rules and regulations in relation to its work.

“Our plan is that we would like to have a toll free number that would allow a person who has been a victim of corruption to call or message us anonymously with a complaint,” he said.

When questioned on what sort of remit and powers the ALAC would have to address allegations of corruption concerning public and independent institutions, Rasheed claimed that Transparency had already been addressing certain “concerns” levelled at the project.

He said that some of these concerns were related to fears that the work of the ALAC would simply just be duplicating existing state-mechanisms currently in place. Rasheed denied this was the case.

“Our intentions are to give people an easier way to complain and get legal advice over corruption concerns,” he said. “However, this does not mean that we will be interfering with the international mechanisms of these groups.”

Rasheed claimed that the MOU would instead be designed to go directly to a body such as the Maldives Customs Service and share the numbers of potential complaints raised against it, whilst also providing advice on how to address such concerns.

In working to address more specific local concerns, Rasheed claimed that Transparency Maldives aimed to make use of the ALAC programme to address issues related to labour authorities and human trafficking – one of the NGOs “biggest concerns” at present.

“Right now we found the whole system just so corrupt. So we have an agreement to bring a member of staff from Transparency Bangladesh here over the next year to help us deal with complaints from Bangladeshi workers,” he said.

Expatriate concerns

Earlier this month, the High Commissioner of Bangladesh in the Maldives, Rear Admiral Abu Saeed Mohamed Abdul Awal, said he believed workers from the country were regularly being brought to the Maldives to perform unskilled work, usually in the construction industry.

Awal alleged that upon arriving, expatriates from Bangladesh were suffering from the practices of “bad employers”.

“This is a real problem that is happening here, there have been many raids over the last year on unskilled [expatriate] workers who are suffering because of the companies employing them. They are not being given proper salaries and are paying the price for some of these employers,” he said.

The comments were echoed earlier this week by the First Secretary of the Indian High Commission in the Maldives S. C. Agarwal.

Agarwal told Minivan News that both skilled and unskilled Indian workers employed currently in the Maldives continued to be “penalised” due to certain government and private sector employers failing to fulfil their legal obligations.

Likes(0)Dislikes(0)

Maldivian NGOs call for “immediate changes” to inquiry commission

Four NGOs working under the banner ‘Thinvana Adu’ (Third Voice) have urged President Dr Mohamed Waheed Hassan to “bring immediate changes to the Commission of National Inquiry (CNI) so that it gains public trust and confidence and is able to achieve its objectives.”

Transparency Maldives, Maldivian Democracy Network, Democracy House, and the Maldives NGO Federation, itself representing 59 organisations, joined forces to declare that they are “deeply concerned by the recent political polarisations in the society.”

The CNI came under fire last week from the Commonwealth Ministerial Action Group (CMAG) which released a statement giving the government four weeks to reform the body established to investigate the February 7 change of power lest CMAG consider “further and stronger measures”.

“The group was of the view that the Commission of National Inquiry, established to assess the events leading to the transfer of power on 7 February 2012, is not independent or impartial, and has failed to gain sufficient support in Maldives,” read the CMAG statement.

“What we see in the Maldives today is confrontation instead of political dialogue. Because of this political turmoil is increasing in the country,” said Aiman Rasheed, representing Transparency Maldives.

“Thinava Adu believes the citizens must know what happened. Citizens must know the truth. Maldives will find it difficult to take steps forward unless we know the answers. If the Commission of National Inquiry (CNI) remains the same as it is today, we believe the inquiry cannot proceed in a way that citizens can trust or accept,” he continued.

Thinvada Adu said that they had previously written to the President on February 29 regarding the CNI as well as meeting with him on March 7. In both instances, the concerns of the group were expressed to the President. These concerns were said to have been “well received” without anything being “translated into action.”

In a press conference this morning, Ahmed Nizam of the Maldivian NGO Federation said, “Political opinion has become divided into two main thoughts since the change of power on February 7 and consequent events. Hence, we believe a third voice is very important in coming to a resolution.”

Reaction to CMAG criticism

Ahmed Thasmeen Ali, leader of the coalition government’s Dhivehi Rayyithunge Party (DRP), responded to the CMAG report by saying that the group had based their report on incomplete information.

President’s Office spokesman Abbas Adil Riza last week said that the government did not understand CMAG’s criticisms and was requesting clarification over the required changes.

In response, the NGOs amended their CNI recommendations to include the following:

  • Members of the CNI must be persons of integrity and should be nominated from groups such as the Human Rights Commissions (MHRC), the Anti-Corruption Commission (ACC), the Police Integrity Commission (PIC), the Election Commission (EC), under the guidance of the Prosecutor General’s Office.
  • The mandate and scope of the CNI must be decided by agreement across the political divide.
  • The CNI must pool technical assistance for the international community to both expedite and give credence to the process.
  • There must be opportunity for observation of the process by international actors.
  • The CNI’s finding must be shared with the Parliament and independent state institutions as well as to the public.
  • The state and its institutions must cooperate and make sufficient resources available to the CNI.

All-Party talks

Thinvana Adu also focused on the importance of continued dialogue between political parties “without preconditions”. It was argued that, in order to resolve the current crisis, all parties must be permitted to join the discussions which must be attended by key decision makers.

The India-brokered all party talks have failed to build up momentum due to squabbles over the group’s composition and agenda. The MDP boycotted the first meeting on February 20, complaining that some of the parties represented had no democratic mandate, referring to representatives of former President Gayoom’s Progressive Party of the Maldives (PPM) who at the time of the first meeting had no official representation in the Majlis.

Any MP having switched allegiance to the PPM after its formation in October 2011 was technically classed as an ‘independent’ according to parliamentary regulations. The PPM has since won its first official seat in the Majlis with Ahmed Shareef, formerly Secretary General of the Elections Commission, winning the Thimarafushi by-election on April 14.

The MDP was present at the second round of talks, at which a tentative agenda was defined without specific prioritisation, before the PPM and Dhivehi Rayyithunge Party (DRP) walked away from the meetings following the MDPs refusal to allow the Majlis’s opening session to commence on March 1.

After the eventual opening of the Majlis on March 19, the talks did resume but the latest round, again, made no progress, this time the MDP calling for the inclusion of all registered parties. Today’s Thinvada Adu statement appears to be taking a similar line.

The group of NGOs also criticised the availability of the talk’s convener Ahmed Mujthaba whose absence from the country has delayed the talks on more than one occasion. Explaining his absence after the last session, Mujthaba told local paper Haveeru, “I did not plan my life with the knowledge of the events of February 7”.

Mujthaba had not responded at time of press.

The group also stated that decisions on early elections should be decided through “participatory, transparent, political processes, via discussions amongst political parties.” Aiman Rasheed of Transparency Maldives added that this entailed any decision between parties that did not contravene the existing legal or constitutional framework.

Regarding the long term recommendations of the group, it urged legislation to enable independent commissions of inquiry to function effectively. It urged state institutions to show greater leadership and commitment to responding to the current crisis.

The group also repeated calls for the support of the international actors in the “process of democratic consolidation”.

“It is a concern that in the absence of such guidance it will be a challenge to the national institutions to nurture the infant democracy of the Maldives,” the group said.

Likes(0)Dislikes(0)