Archive for the ‘News’ Category

The following article was published on Law Society Gazette by Jonathan Rayner

A crisis is brewing in the paradise islands of the Maldives.

The government, led by the nation’s first ever democratically elected president, is said to be undermining the freshly minted constitution, while there are fears that Muslim extremists might insinuate themselves into power. The judiciary is said to be under pressure from the government.

The country also faces dangers of a different nature, most notably global warming and the rising sea levels that threaten, literally, to drown this nation of 350,000 people. There are more than 1,000 islands, of which just 200 have people living on them, and none of them rises higher than 2.3 metres above sea level at its highest point. That is lower than the men’s world high jump record of 2.45 metres.

On a happier note, the people of the Maldives pay no income tax; the government generates revenue by selling fish and leasing land to the tourist industry instead. And the language, unique to the islands, has no word for ‘hello’, ‘goodbye’ and ‘please’ – everybody knows everybody else, so there is no need for formality.

So what has precipitated the current political situation, which some say is threatening the rule of law in the country?

The country’s president, Mohamed Nasheed, has been in office since 2008, the year that a new constitution was ratified separating the legislative, judicial and executive branches of government. Nasheed, dubbed by some the ‘Mandela of the Maldives’, was a prisoner of conscience under his predecessor, president Gayoom, and was widely expected to be a model defender of the new spirit of democracy.

Critics of his regime, however, suggest that his government has deprived parliament of information, ordered the arrests of opposition MPs, and connived in attacks on the judiciary.

Dr Hassan Saeed visited the Law Society to draw all this to my attention. Saeed was the attorney general when Gayoom was president and when the current president, Nasheed, was repeatedly jailed for political dissent. Saeed was also an unsuccessful presidential candidate in the 2008 elections, and is the leader of a political party opposed to president Nasheed’s Maldivian Democratic Party.

Saeed would like an independent delegation of UK lawyers to visit his country and report on what is happening there. British and Commonwealth lawyers and academics helped draft the Maldives’ 2008 constitution. They should share his indignation, he says, at what he claims is the government’s wilful undermining of that constitution.

So far, so convincing – except what does the present attorney general of the Maldives, Husnu Suood, have to say about this? He was in London last week and I was able to speak to him at the Maldives High Commission.

Suood’s version of events was very different from that told to me by his predecessor. Suood told me president Nasheed is frustrated at every turn by the opposition parties in parliament, who are in the majority and block his every policy. ‘They want the government to fail to deliver what it has promised. It’s only through president Nasheed’s failure that the opposition will ever regain the presidency,’ Suood said.

Muslim fundamentalists are exerting an increasing influence, with the result that parliament is bringing a vote of no confidence against those ministers of state who have made Muslim studies at school optional (rather than compulsory), and who have normalised relationships with Israel. They are also angered by the privatisation of the airport because, they reason, Israel would now be able to use it to launch bombing raids against their Muslim neighbours. ‘Some of us are better at geography than that,’ Suood said.

Suood said there were ‘teething problems in the new democracy, but he was ‘optimistic that the rule of law will win through in the end.’

My final question was to ask Suood what the international legal community could do to help the Maldives. ‘We would like a delegation of lawyers, led by the Law Society of England and Wales, to visit the Maldives and report on the situation there,’ he said.

So it seems that Suood and his predecessor at least agree on one thing. Perhaps international lawyers should take them up on their offer and find out the facts behind what appears to be trouble in paradise.

Following is press statement issued by The International Federation of Journalists (IFJ)

The International Federation of Journalists (IFJ) is alarmed by a spike in hostile words and actions against journalists and media organisations in the Maldives.

According to information received from IFJ affiliate, the Maldives Journalists’ Association (MJA), the offices of the privately owned TV broadcaster, VTV, were vandalised by unknown persons in the early hours of Monday, August 30. Though those responsible have not been identified, a number of verbal attacks on VTV by elected officials in the Maldives may have contributed to a climate of intolerance against the broadcaster, the MJA reported.

The MJA has drawn attention to a threat of action held out against VTV by Reeco Moosa Manik, leader of the Maldives Democratic Party (MDP) parliamentary group, on August 17. This followed what the MDP leader characterised as “repeated” broadcasts of news stories critical of his party.

On August 29, Moosa Manik launched a verbal attack on two independent TV channels, VTV and DhiTV, alleging that these were run with “ill-gotten money” and have no other purpose than the “character assassination” of political figures whose views do not coincide with their owners.

The MJA reports that Moosa Manik has repeatedly threatened journalists and media organisations at political rallies of the MDP. Earlier, on August 5, the MJA reported that Moosa Manik tried to stop a reporter for the VTV station, Zeena Zahir, as she was gathering material for a news report in the parliament building.

Another serious incident involving the President of the municipal administration in the Maldives’ capital city of Male has come to attention. The official concerned, Sarangu Adam Manik, reportedly attacked a DhiTV cameraman on August 25, snatching his camera while he was on assignment inside municipal council premises.

“The IFJ supports the MJA’s effort to dissuade the officials responsible for these incidents, and indeed all individuals, from persisting with such hostile actions against journalists and media organisations”, IFJ Asia Pacific Director Jacqueline Park said.

“The physical and verbal attacks on media organisations that have been recurring in the Maldives could create an environment that would be adverse to press freedom in the country.”

The MJA has reminded the individuals concerned that the Maldives has set up an independent media oversight body by statute, which any individual with specific grievances regarding the conduct of any media organisation is free to approach.

31st August, Male’, Maldives, Maldivestoday.com

The Ruling MDP has today boycotted peace talk between the opposition and the government. The peace talks were mediated by the UN resident co-ordinator in Maldives. The political landscape of Maldives escalated after the government decided to lease Male’ International Airport.

The ruling MDP did not inform the reasons behind the boycott.

updates coming

29th August 2010, Male’, Maldives, Maldivestoday.com

MBC the corporation established through a bill passed at the parliament has filed a case against the Ministry of Finance over the failure of MNBC (former TVM, Voice of Maldives) handing over the company to MBC. MBC is seeking to get compensation for the losses incurred to MBC due to governments failure of handing over the property and employees of TVM and VO to newly established MNBC.

MBC appointed Rajje Chambers which is a law firm owned by the former Attorney General & Special Advisor to President, Dr. Hassan Saeed and Former Justice Minister Dr. Mohamed Jameel Ahmed. The firm has successfully represented some of the recent high profile cases in the country.

In a press conference today regarding the MBC issue Dr. Jameel mentioned the reasons of filing a case against MNBC is to ensure freedom of media to everyone which is enshrined in the constitution is maintained.

The government hijacked state media following presidential nominees failure to get parliament approval to the newly established MBC.

29th August 2010, Male, Maldives, Maldivestoday.com

The MP of opposition Dhivehi Rayyithunge Party (DRP) Hon. Abdulla Abdul Raheem who represent Maafannu Dhekunu constituency resigned from DRP and signed for MDP lastnight and today withdraws his signature and joins back to DRP. Hon. Raheem met with the president of Maldives Mr. Mohamed Nasheed three times in the past in different occasions at the Muliaage Palace the official residence of president Nasheed. Rumours are there in the capital city of Male’ that Mr. Nasheed paid huge amounts of money to MP to make him join MDP. However, MP, Raheem denied such allegations and said that no money was involved.

Political experts argue that there is no decent objective of Mr. Nasheed to meet MP, Raheem other than to pay him and buy his votes or force him to join Nasheed’s MDP. In the past occasions MDP has paid members of parliament to buy votes and to make them join the party. MDP parliamentary group leader agreed on public having paid members of parliament. Early July MDP protested in the streets of Male’ in so called against corruption protest. However, it is important to note that nobody MDP parliamentarian has signed the opposition party. Its only the independent and opposition MPs who has signed MDP. This show who has paid money to MPs argues a political analyst in Maldives.

What was the reason behind MP, Raheem action?

1. Was he paid to join?

2. Did he want to teach a lesson to President Nasheed that not all MPs can be bought?

3. Was it a political drama?

4. Did MP took President Nasheed on wild goose chase?

Many questions and the reason yet to be known.

updates coming…

27th August, Male’, Maldives, Maldivestoday.com, Salim Waheed

Our city is not an easy place in which to live. Generally more expensive than any other capital in the region, Male’ is crowded beyond capacity. A thousand motorcycles line every road, cars without places to park at every turn, and the smog created by both suffocating any who dare to walk. Not only are our sidewalks too small, but our homes too overstuffed. Electricity, water, food; the list goes on and on.

And when it all just gets to be too much, we escape to where we can. The Artificial Beach, Jumhooree Maidhan, anywhere to get some space. Yet as I walk along stone pavement to those few clearings we have, I turn my head and look around and I do not see my countrymen. I do not see my people taking respite. As many pigeons as I see in my Republican Square, can I see foreigners crowding my spaces as well. In every direction that I turn, I am alienated in a space that is mine.

In my youth I would want to banish these usurpers. I would want these spaces cordoned off so that a National Identity Card would be required to enter this bare ground, these sanctuaries. Pigeons and foreigners both, I wanted to get rid of them. I wanted my spaces back. We deal with constant societal tension and neglect, and to demand a space for the release of such tension was my right. I ignored the tug at the back of my mind calling these thoughts racist, and refused to accept the dignity of others over the xenophobic tendencies which seem to run through my veins. But now I look back and have to ask: Is it really true? Is such constant and persistent (maybe even mild in some instances, but still ever-present) hatred so deeply rooted within our nation?

I was offended through my national pride that our national places were not ours anymore.

But maybe national pride is supposed to be more than outward patriotism. Maybe it’s working towards getting jobs for the 50 percent of youth who are without them. Maybe it’s addressing the government problems so that there are fewer foreign workers and no illegal aliens. It may even be ensuring those who remain are treated with respect and dignity. Should this not be part of our national pride? Should not all human dignity be part of our patriotism and duty?

Understanding why

But to move beyond our annoyance at them for being here and the illusion that it is a necessary annoyance, we must come to understanding.

Why are there workers in the country?

Why are they treated badly?

Why are there so many illegal aliens?

Why are more workers continually being brought in spite of this?

And how do we fix it?

Social Negligence

These foreign workers are here because there is a demand. Everything a Maldivian can do, a foreigner can do cheaper. Why can they do it cheaper? Not because they are more capable, or that all Maldivians are inherently lazy, but for the very reason they are treated badly.

They are not provided adequate housing, or basic needs such as sustenance. And when the cost going into them is so little, they can afford to offer themselves cheaply as it is their only means to survival. Fundamental human rights and levels of comfort we would demand as a basic need is so far beyond them that it is not their immediate concern. As the defenders and apologists of dictators the world over often say: What starving man thinks of rights?

But in this case we have collectively robbed them of their rights. Of their very human dignity. These men and women are brought here to live in squalid conditions and we allow it because someone has to do the job. So we justify injustice and go about our daily lives.

Why is it that people do not see, that if we just raise their basic standards of living to something that is acceptable to us, we would be able to encourage more Maldivians to enter their workforce as well? Why is it that we refuse to put a minimum wage standard for foreigners when we fought so hard to have it applied to ourselves? Why is it that even the foreign labourers that were employed by the government were only paid $50 USD a month up until recent years when it was increased to a $100 USD?

If we place a reasonable minimum wage, require basic necessities such as housing, bedding, water (to drink and wash), and food to be provided to those labourers brought in, then we even the playing field. Maldivians will be able to be competitive. As someone who owns a share in a construction company, I refuse the excuse that this will bankrupt our companies. I refuse the excuse that it is fiscally unviable. And I refuse any other excuse that would put basic human dignity and rights beyond one’s reach.

Government Negligence

The reason why there are so many illegal aliens is because people in the government (previous and current, legislative and executive) have not cared to address the situation properly. They had other more important matters, vested interests, and always the threat from the entire business community to contend with. Why fix a system that is not really broken? After all, the businesses benefit from cheap labour and a couple illegals here or there only means they will be even cheaper to hire.

While this is the reasoning behind the reality, the practical reason why illegal alien growth persists is mostly due to the quota system.

But let me explain the entire procedure first: If you want to bring a labourer, your business has to be licensed by the Ministry of Economic Development. Then you have to apply to the Ministry of Youth, Sports and Labour, explaining the projects you have and why you need the labour to begin with. This Ministry then issues you a quota of workers you can bring in after making a half-hearted attempt at hiring Maldivians you don’t really want to deal with.

When you want to bring in your labourers, you contact a broker and get the Ministry of Youth, Sports, and Labour to issue you your work permits for these people. These work permits are then shown to the Immigration Department under the Ministry of Home Affairs and visas are issued on arrival.

The quota system is slightly ridiculous for two reasons.

Firstly, as former Bangladeshi Ambassador Professor Selina Mohsin mentioned, many quotas are created with inadequate proposals and flimsy justification for the number of people needed. Excess people are then loaned out to other companies.

Secondly, conditions are so bad for workers, that when they run away, the Ministry simply reissues the company who lost them with new work permits so that they can still have their quota of people.

If we ignore the first issue as easily rectifiable with greater vigilance, we’re left with the second problem. If a company loses their employees, they are forced to put out an advertisement showing who they lost. But this still means that they are left without enough labour to complete their project. So the Ministry feels obligated to issue them new work permits without so much as a slap on the wrist, essentially allowing even more people into the country without addressing those already here.  The Immigration Department then has no choice but to offer visas to whomever new work permits are issued to.

No government administration has tried to penalise companies for losing people or for providing such inadequate housing and provision for employees. The government has not been active in trying to guarantee the rights of foreign workers, and there has been no thought of creating requirements of minimum wages, clean bedding, water for washing, and suitable sustenance for foreigners. Parliament and the Ministries have taken very little action.

The illegal hordes

The Labour Ministry’s solution was to document illegal aliens, and when people ran away from hostile work environments, they would make those here illegally take the runaway’s place. The business community revolted and we have seen little implementation of this practice since its inception.

The conditions are so bad that many would choose homelessness and destitution, begging for any work that is available so that they can survive. Many become runners for the local drug dealers and spend their days delivering these products of sin. Those who are lucky find Maldivian wives, who (as one person told me) then “feed them, shelter them, and massage their feet.”

Many who do this work for a while and make enough to return to their families in their places of origin, leaving their Maldivian wives without much recourse. This exploitation of Maldivian women caused the Immigration Department to enact regulations that ensure foreigners could provide for themselves and would not be leeches to their Maldivian partners.

But still more foreigners flee from their Maldivian masters and become illegal aliens in this country. And because they flee we bring in more and more people. Last month alone, over two thousand foreign labourers were brought into the country. At this rate, the foreign population in the Maldives will rival our own within our life time (sooner if we take into account our declining birthrate).

Dignity

To deny a person basic needs, to make him dependent, but also desperate to get away is to make that man a slave.

That what we have in this country is referred to only as human trafficking not outright slave trade is something the government should be grateful for.

We need to change and be the instruments of that change. We need to pass legislation holding companies accountable. We need to respect foreigners’ basic right to human dignity, and put forward a minimum wage that will level the playing field between Maldivians and foreigners.

When more of us work side by side with them, we will have less hostility to those who are in our spaces. What is more, fewer of them will be there, and we will be content to share something that is ours, because we will not feel overwhelmed and isolated.

National dignity and pride can only be achieved when we uphold the dignity of all of those within our borders. When we recognise our prejudices and expunge our xenophobia as something unworthy and distasteful.

25th August, 1500hrs, Male’, Maldives, Maldivestoday.com

The president of Male’ municipalty financer of MDP Mr. Sarangu Adam Manik has snatched the video camera of independent private broadcaster, DHITV. The incident occured today outside Huravee Building where Male’ Municipalty houses its office. DHITV camera crew were taking a footage outside the building and the area while Mr. Sarangu Adam Manik confronted and threatned the TV crew and snatched the camera and attacked the journalist. Mr. Manik also said that he will not issue the camera without police order. Mr. Manik is frequently seen outiside his office building smoking during office hours. He has also bought 3-4 pieces of prime land from Male’ after becoming the president of Male’ Municipalty.

While Male’ Municipalty president seized the video Camera of the DHITV the government has refused to handover the state media TVM & Radio Maldives to newly formed Maldives Broadcasting Corporation (MBC). Mr. Nasheed government refused to act on the parliament bill on establishing public broadcaster. On the day the bill was passed by the parliament, Mr. Hussain Afeef the political advisor to president, publicly announced that they will not handover the state media to independent MBC board. Opposition claims that the state media has been hijacked by the government.

Early this year Mr. Nasheed’s government also deducted points from the DHITV for telecasting an opposition protest live. The police officers also entered into the premises of DHITV during the event and asked them to shut down and stop the live telecast. This is in clear violation of the constitution and democratic values. Mr. Nasheed’s government came to power in the name of free media and democratic values, however, it clear that the person who proclaimed as the champion of democracy has hijacked state media, and his political appointees are systematically threatening and free media. The act of Male’ municapalty president Mr. Sarangu Adam Manik’s seizure of DHITV camera is one of the many acts of the current government against independent media in the country.

25th August, 15:15 Male’, Maldives, Maldivestoday.com

The five stare resort Kurumaba Maldives has resumed its operation after the resort was shut down following the strike by its employees. Police arrested 19 of the strikers.

The management of the resort now agrees that they understand the some of the issues of the employees and will look into it. However, the resort claims that they have lost millions in lost business.

updates coming

25th August 2010, Male’, Maldives, Maldivestoday.com

Today the civil court of Maldives made a judgement that Hon. Abdulla Yameen, MP for Mulaku Constituency was held captive by the armed forces was in violation of his rights and in violation of the the article 14, 91, 12, 62, 03, 73, 54 and 64 of the Maldivian constitution.

Hon. Qasim Ibrahim and Hon. Abdulla Yameen was arrested, detained and held captive by the police and armed forces during late June and early July. They were detained and help captive multi times during the aftermath of resignation of Maldives cabinet en masse on 28th of June. The resigned Minister’s created chaos in the streets of Male’, and attacked opposition politician residences. The immature and irresponsible action of Nasheed’s government was condemned by the international community for not upholding democratic values and arbitrary arrest of opposition politicians and undermining the parliament.

24th August 2010, 11:30, Maldives, Maldivestoday.com

19 Strikers arrested

19 of the 200 staff striking at Kurumba Maldives have been arrested and detained at Dhoonidhoo Detention Centre. It’s the same jail where heavy weight political figures were detained recently and during 2004. The employees have called off the strike after Police detained 19 of the participants and removed them from Kurumba Maldives and transferred them to the notorious Dhoonidhoo Detention Centre late last night.

The Police say that they are not under arrest but held to investigate a complaint made by the management of the resort regarding damages done to the resort property.  This is the same story that the police gave after detaining leader of JP and Leader of PA few weeks back. At the time police didnot obey the court order and later they lost the case against the detained two political opponents.

Strikes in Maldivian resorts are defacing the good name that Maldives have earned as tourist destination.

Impact on the tourism industry

The strike and subsequent shut down of the resort operation is going to negative impact the overall tourism industry of the Maldives which is already performing low. Many of the resorts are under financial crisis and dont attract many tourists, rates have been sliced. The foreign tour operators will hesitate to send their tourists to Maldives due to incidents of this nature. The investor confidence on Maldives is going to be lost due to lack of protection on their million dollar resort property. We have learned that some of the local businessmen have started investing in other destinations such as Sri Lanka, Seychelles, Mauritius, Dubai and Thailand where the investment confidence and risk is lower.

Working for or against the tourism industry

It is also important that the very people who started and ran a boycott Maldives campaign few years back are in the government now. President Nasheed’s close associate and Founder of Friends of Maldives in UK, Mr. David Hardingham was behind planning and implementing the boycott campaign. The boycott campaign team also included President Nasheed, Aliu Shiyam, Current economic advisor to president, Mr. Simon Hawkins, current consultant and incharge of Maldives Tourism Promotion Board. Hence, there integrity to the nation and to the tourism industry is questionable.

Tourism Employees Association of Maldives “TEAM”

TEAM became very silent of matters concerning resort workers once MDP came to power and its president was elected to parliament as a member of MDP. The current president of TEAM ” Tourism Employees Association of Maldives” Mr. Ahmed Eesa is using the NGO to promote his party MDP propaganda and to anger the employees of resorts instead of trying to protect their rights through legislation and through better government policies. It’s is funny that being a member of Ruling MDP and its parliamentary group Mr. Eesa is still pointing his finger to the resort owners instead of asking his government colleagues to improve things for the employees of the resorts.

Maldives Association of Tourism Industry “MATI”

Sim Mohamed Ibrahim from the Maldives Association of Tourism Industry (MATI) described the industrial action at Kurumba as “a clear reflection of what little protection is provided to investors and businesses under the present laws pertaining to the conduct of business in the country.”

“The reality of the situation is that an investment of millions of dollars can be crippled andheld at ransom within a few hours by its own employees, whose grievances may or may not be real,” Sim said, adding that this situation had recently occurred in several resorts.

“The situation in Kurumba is a case in point. On Sunday August 22 the resort occupancy [percentage] was in the 80’s. Towards evening that day occupancy had fallen to less than 20% percent,” Sim said. “Tourists, tour operators and senior management have been too terrified to remain in the resort, and today the resort is empty.”

“There should be no ground for any party to reduce visitors and businesses in this country to a state of fear and terror, whoever may be at fault. The government must provide tourists and investors with adequate protection,” Sim said.

Maldives Association of Travel Agents and Tour Operators “MATATO”

Otherwise a vocal association MATATO has so far failed to say anything on the strike in Kurumba Maldives. We have learned that some of the foreign operators are concerned about the incident in Kurumba and fear the welfare of the guests. The incident in Kurumba is also going to negatively impact the travel agents business.

Ministry of Tourism, Arts and Culture

There is no Minister currently in the ministry of tourism to head its activities. Nasheed has so far failed to appoint a Tourism Minister after Dr. Sawad was transferred to Attorney General Office. Tourism Ministry has recently failed to follow and implement the policies laid down in the 3rd Tourism Master plan from 2007-2011. Instead adhoc policies from Tourism Ministry, Housing Ministry, Fisheries Ministry is taking the tourism industry into great risks. Tourism Ministry, MATI, MATATO and other stakeholders were not consulted when the government gave Male’ International Airport to Indian GMR. It is likely that we might see another strike in the Maldives main Airport as GMR has started dismissing some of the airport staff.

Recently Tourism Ministry invited investors to bid for 4 islands to be developed as tourist resorts. However, only one of the resorts were actually awarded to the bidder. The remain three failed to acquire required acquisition cost. This is first in the history of Maldives Tourism industry resort bids offer were rejected by investors. It’s clear indication that Nasheed’s government tourism policy has failed.

Maldives Tourism Promotion Board

The board is headed by former employee of Minivan News Mr. Simon Hawkins from UK. Close friend of David Hardingham and Nasheed. Nasheed’s government is planning to shut down MTPB and transfer some of its work to Maldives Public Relations Corporation. It is believe that this corporation is likely to do government face lifting and other policies to promote Nasheed’s government instead promoting Maldives as a destination. Majority of the educated and experienced employees of MTPB has resigned due to government’s negligence. The resigned staff include Ismail Shaheer, Murad Hassan, Abdulla Naeem, Mohamed Maleeh Jamal and many more professional Maldivian employees. Since, their departure the board has almost ceased its operation and remain silent until their day of burial.

Tourism was once considered the the hen that lays golden egg are in the verge of being beheaded. Maldives will go completely bankrupt if the tourism industry fails even today.