As we mark International Anti-Corruption Day on 9 December 2015, Transparency Maldives calls on the government to make strong commitments to fight corruption and to ensure political integrity in the Maldives.

Corruption is the biggest problem facing the Maldives today. The results of the 2015 Maldives Democracy Survey shows that 72% of the public believes that corruption has increased in the past year. Corruption continues to undermine development by promoting wastage, has eroded public confidence in key institutions and victimise vulnerable communities in Maldivian society.

With public confidence in the parliament, judiciary, executive and oversight bodies at an all time low, it is paramount that basic anti-corruption measures are obliged and enforced in order to restore public confidence in state institutions.

Transparency Maldives calls on the State to ensure the following.

1- As a measure to tackle illicit enrichment, enforce a credible asset declaration regime, with high-ranking officials in the executive, judiciary and legislature having to publicly declare their assets.

2- Create a safe environment for dissent to ensure that watchdogs, independent state institutions, opposition political parties, media and NGOs have the space to operate free from fear of persecution. In a healthy democracy these groups hold the state in check. In addition, citizens need to enjoy basic civil and political liberties to hold those that govern them accountable.

3- Corruption in the judiciary creates a cycle of crime, undermines access to justice and deprives victims of their right to a fair trial. The judicial sector of the Maldives need to undertake extraordinary measures to restore public confidence by adhering to international best practice and enforcement of anti-corruption measures.

4- The parliament of the Maldives is perceived as the most corrupt institution in the country according to the 2013 Global Corruption Barometer Survey. Allegations of vote buying within the parliament and illicit enrichment of MPs is widespread. Furthermore, there is limited public consultation in the law making process with the parliament increasingly becoming a vehicle to fast-track questionable laws and removal of public officials without due process.

We call on the parliament to work in the interest of the public by holding state institutions accountable and ensure greater transparency and inclusivity in the law making process. We call on relevant state institutions including the Anti-Corruption Commission, the Auditor General’s Office and the Prosecutor General’s Office to address the widespread allegations of corruption in the parliament.

Extraordinary measures need to be undertaken to tackle the scale of grand corruption in the Maldives. The level of impunity enjoyed by the powerful and the corrupt  in the Maldives, allows them to escape justice, undermines the rule of law and obstructs development. To win the fight against corruption, we need to create a culture of integrity and zero tolerance towards corruption.

ENDS.

View/download the statement in English.

Transparency International and its chapter Transparency Maldives express their deep concern for the worrying developments in the Maldives in the run up to and following the 30-day state of emergency declared by the Government of Maldives on 4 November 2015.

Over the past year the human rights situation in the country has been deteriorating with new laws, regulations and practices which continue to severely undermine civil and political liberties of the citizens of the Maldives.

The state of emergency and the consequent restrictions on constitutionally protected rights is deeply concerning as it is not only unprecedented, but is also declared ahead of a mass anti-government protest planned for 6 November.

Whilst the Foreign Minister, Dunya Maumoon declared that the emergency decree is a ‘pre-emptive and precautionary action in light of several security threats’ and that ‘the Maldives is safe for international visitors’, it is highly questionable how the current situation is legal and can be used to justify curtailing fundamental freedoms and liberties of an entire citizenry.
We also note that the state of emergency is declared ahead of the no confidence motion against Vice President, Ahmed Adeeb, accused of plotting the assassination attempt of President Abdulla Yameen Abdul Gayoom. The emergency decree reduces the period provided under Article 100 of the Maldives Constitution for the vice president to respond to the impeachment charges from 14 days to 7 days, indicating the arbitrary and politically motivated nature of this decision.
Worryingly, this emergency decree allows further attack on dissent in the Maldives and severely limits civic space. We also note that these restrictions come on top of recent legislative changes that severely restricts free speech and civic space under the newly enacted Anti-Terrorism Act (28 October) and NGO regulation (1 October).  The Anti-Terror Act and the new NGO regulation allows the government to exert complete control over civic groups and eliminate dissent.

Media in the Maldives continue to operate in an environment of fear and intimidation. On 3 October, three journalists from Raaje TV station were reportedly assaulted by the police. We urge the Maldives Police Service and other relevant authorities to conduct a credible, independent investigation into the incident to ascertain if any wrongdoing took place.

Serious allegations of corruption against top officials of the state including security forces and public companies have surfaced in the midst of the crisis that unfolded following the explosion on the Presidential speedboat. We call upon the concerned authorities to conduct a speedy and thorough investigation into these allegations, so that confidence in the security forces and public institutions could be restored.

We urge independent oversight mechanisms of the state to remain vigilant and monitor the situation carefully in order to ensure that no individual’s fundamental rights and freedoms are unduly restricted or violated and to ensure that the emergency decree does not become a cloak to provide impunity for rights abuse.

We call on the Parliament, in their review of the State of Emergency, to ascertain that the government authorities have provided sufficient and justifiable cause to declare a 30-day state of emergency with severe limitations on freedoms.

We also note that principles of fair trial should be maintained at all times and due process is owed to all individuals regardless of political post, belief or affiliation.

ENDS

For media queries, please call press contact(s):

Berlin
Chris Sanders
T: +49 30 343820 666

E: press@transparency.org

Malé
Thoriq Hamid
Transparency Maldives
T: +960 330 4017
M: +960 7999268

E: thoriq.hamid@transparencymaldives.org

View/download the press statement https://goo.gl/M0GT3I


A nationwide survey published by Transparency Maldives points to a continuing crisis of public confidence in key state institutions. Citizens are cynical about politics. They are also dissatisfied with the prevailing political and social order. The survey report, titled, A Troubled Future for Democracy, however, shows that a majority of Maldivians support democracy.

“The survey shows that citizens are less likely to meaningfully participate in public matters and protect democratic institutions as they have no faith in them.  If so, it should not be surprising to see democratic declines and increase in impunity and corruption,” Mariyam Shiuna, Executive Director of Transparency Maldives said.

Crisis of confidence in key institutions

Most citizens lack confidence in key state institutions including the parliament and the courts.  Fifty-seven percent of survey respondents say they have no confidence at all in the parliament. This is, however, an improvement of five percentage points compared to 2013.

Courts saw a drop of confidence level by five percentage points, compared to 2013. Over a majority (51%) of Maldivians now say they have no confidence at all in courts compared to 46% in 2013.

Strikingly, there was a major decrease of confidence level in the Elections Commission, with a drop of 17 percentage points compared to 2013. A majority (56%) still have confidence in the the Elections Commission.

Political parties saw an improvement of nine percentage points, although almost half (49%) still have no confidence at all in them.

The report argued that if public lack confidence in institutions, citizens are unlikely to defend those institutions and institutions are unlikely to be effective links between citizens and the state.

Cynical, critical and dissatisfied citizens

Maldivians continue to be highly cynical of politics. Seventy-one percent of Maldivians say that the government does not care about ordinary people and 94% of Maldivians believe that politicians are “ready to lie to get elected”.

Citizens continue to be critical of the social order: 80% think that power is concentrated in the hands of too few people. The good news is that 97% of the public believe dialogue is the way to solve the country’s problem. The bad news is that 1 in 3 think that violence is sometimes a necessary response to injustice.

Only 32% of Maldivians say that the country is headed in the “right direction”. While 59% of the population believe that Maldives is a democracy, only 45% of them are satisfied with the way democracy works in the Maldives. Seventy-two percent of Maldivians believe that level of corruption in the country has increased over the past year.

While membership in political parties is high among Maldivians, only 22% of Maldivians believe that parties serve the interest of the Maldivian people.

Support for democracy and gender equality

The most significant positive developments since 2013 concern citizens’ support for democracy. Most Maldivians prefer democracy as a form of government. A solid majority of 63% people believe that despite its problems democracy is still the best system compared to 59% in 2013. Seventy-seven percent of the respondents also think a democratic form of government is good for the country.

Such a straightforward positive conclusion is hard to be made about attitudes towards gender equality. Fifty-four percent of Maldivians now agree with the statement that men make better leaders than women, compared to 61% who agreed with the statement, indicating that despite the slight improvement support for gender equality is still worryingly low.

However, Maldivians are supportive of women being in some leadership positions. Eighty-four percent of respondents support women being elected to the parliament and 79% of Maldivians support the idea of women working as cabinet ministers. Unfortunately these trends do not hold for the position of a judge, the Vice President of the country or the President of the Country. Only 39% of Maldivians support a woman being elected as the President of the country.

A troubled future for democracy

“Democratic institutions and politicians must take extraordinary measures to regain public trust. Citizens, in their part, must step up to hold public officials to account,” said Shiuna.

“Political parties play a crucial role in democracies as they organise politics for citizens. The survey clearly shows the need for parties to reconnect with the people to achieve genuine democratic reforms,” she added.
The report concludes that unless these challenges are addressed, democracy has a “troubled future” in the Maldives.

ENDS

Please see these links for a PDF of the statements in English and Dhivehi.



Photo: Munshid Mohamed

Transparency Maldives notes with concern the amendments to the Employment Act passed by the Parliament that excludes migrant workers from Ramadan bonus.

The amendment constitutes as discrimination on the basis of nationality and is in clear violation of the International Labour Organization (ILO) conventions and the rights enunciated by the Universal Declaration of the Human Rights (UDHR) to which Maldives is a signatory to.

All workers deserves the same level of amenities and employment benefits regardless of which country they are from.

View/download the letter Transparency Maldives sent to the Speaker of the People’s Majlis regarding the amendments to the Employment Act.


Transparency Maldives (TM), in its submission to the UN Human Rights Council’s (HRC) Universal Periodic Review (UPR), notes with concern the declining human rights situation in the Maldives and calls on the State to immediately initiate reforms to prevent further deterioration and commit to a path that is in line with the Maldives’ international obligations.

In its 2014 submission, TM noted a marked decline in civil and political rights protection, resulting in the constriction of democratic space afforded to civil society. There exist significant threats to freedom of association, expression and media during the review period as the State has become increasingly intolerant of dissent. Of note are the attacks to parliamentarians, journalists, and media outlets, resulting in the murder of a parliamentarian and the maiming of another, as well as the deadly attacks on journalists and the disappearance of one journalist, and arson and other attacks to media houses. The 2013 Presidential elections further underlined the delicate and unpredictable nature of the right to participate in public affairs and democratic government, where interference in electoral processes by State institutions led to multiple delays of scheduled elections and annulment of elections, which were widely reported as free and fair.

Additionally, TM also notes the Maldives’ Human Rights Commission are currently on trial via a Suo Motu case initiated by the Supreme Court, as a result of critical comments on the state of the country’s judiciary in its submission to the 2014 UPR.

To prevent further deterioration of the HR situation, TM calls on the State to: 1. Cease intimidation of civil society and State independent institutions; 2. Put in place mechanisms to protect freedom of association and ensure protection of journalists and media houses; 3. Address legal discrepancies and inconsistencies due to the Supreme Court annulment of Presidential Election 2013, which could in the future, hamper electoral processes; 4. Address the governance and human rights issues faced by migrant workers by ratifying ICRMW, including all ILO conventions; and 5. Implement recommendations put forth by the Special Rapporteur on the Independence of Judges and Lawyers.

Since the initial recommendations from the 2010 UPR, the Maldives has taken positive steps to improve the human rights situation on the ground in some areas. It has made positive changes to key legislation such as the passing of the Anti-human Trafficking Act and Right to Information Act.

Despite commitments for reform following the 2010 UPR process, we observe that key institutional failures have stifled democratic consolidation and the Government has failed to fully implement many accepted recommendations. This has resulted in the Maldives lagging behind in adherence to international human rights standards.

TM hopes that its submission proves useful to the Maldives in implementing and reviewing recommendations, and also to UN member states, international and domestic organisations working to protect and promote human rights in the country. TM looks forward to constructively engaging with the Maldivian Government and civil society partners in the implementation of recommendations from the second cycle.

TM’s first engagement with the UPR was in 2010, with a joint civil society submission to the Maldives review. The UPR is a UN lead mechanism that takes place every four years to review the human rights situation of all UN member countries. This is the second cycle of review for Maldives and will take place on 6 May 2015 at the 22nd session of the UPR Working Group.

ENDS

Note: TM’s full UPR submission can be viewed here.
Summary of TM’s report can be viewed here.
Background information on the UPR can be viewed here.
Maldives’ national report to the UPR can be viewed here.

View/download this press release in English and Dhivehi

Transparency Maldives appreciates the acknowledgement of integrity as a fundamental premise to a healthy society and, is honoured to have received the 2015 National Integrity Award under the civil society category, from the Anti-Corruption Commission. Transparency Maldives also congratulates the Anti-Corruption Commission for their effort to mark and celebrate 21 April 2015 as the first national anti-corruption day.

While Transparency Maldives appreciates the efforts to acknowledge our core values and community services, we reiterate that upholding the integrity of independent institutions is an integral mandate of high ranking public posts in these independent institutions. As such, we call upon the Heads of independent institutions to refrain from accepting arbitrary gratuities from the Government.

We urge independent institutions to safeguard from undue influence and allegations of bribery and corruption in order to uphold the value of integrity and increase public confidence in independent institutions.

ENDS.

For media queries, please contact Legal Assistant, Ibrahim Riza (967 6060).

View/download in Dhivehi and English.


Transparency Maldives (TM) notes with concern the recent allotment of flats to public officials holding high-ranking state positions.

The flats from the recently built luxury Rehendhi Residency have been contracted, below market rate, to public officials holding high-ranking positions  including chairs of selected independent oversight bodies and judges.

The State can provide privileges to state officials based on need and limited to the duration of employment of individuals, and as specified in the Constitution and law. However, it is concerning that these flats are to be permanently contracted by the Executive to public officials holding time-bound positions of the state. The offering of arbitrary privileges to public officials holding high-ranking positions and the acceptance of such privileges, will undermine public trust in these institutions.

TM also notes that upholding integrity in the performance of high-ranking public posts is an integral and core mandate of such positions and should not be incentivized through handouts of property or other forms of personal enrichment. Gratuities given to state officials by the Government can be perceived as a move by the Executive to assert undue influence over other branches of the state and independent state institutions.

TM calls on the Executive to refrain from arbitrarily providing any form of gratuities and privileges to state officials and in the process unduly influencing other branches of the state and independent state institutions.

ENDS

For media queries, please contact Advocacy and Legal Advice Centre Coordinator, Ahid Rasheed (974 1443)

View/download the statement in Dhivehi and English.


Transparency Maldives (TM) notes with grave concern the sentencing of former President Mohamed Nasheed to 13 years in prison on charges of terrorism, despite a number of irregularities in the legal process, under which the trial took place.

TM notes with concern that despite calls for fair legal process, President Nasheed was denied legal representation, denied right to appeal, his legal team denied adequate time to build a defence against the new charges of terrorism, President Nasheed’s defence witnesses were refused, and serious issues of conflict of interest were prevalent in the case. Conflict of interest issues we note include two of the three judges presiding over the trial having acted as witnesses for the prosecution and the Prosecutor General who levied the new terrorism charges against President Nasheed having acted as a prosecution witness for the previous charge against President Nasheed. These procedural irregularities raise serious questions about the fairness, transparency and independence of the judicial process followed and the provision of the accused’s inalienable right to a fair trial.

TM calls on state actors to accord President Nasheed with full legal rights in the appeal process including adequate time and access; and calls on the state to address increasing concerns regarding the fairness and independence of the justice system in the Maldives.

Furthermore, TM calls on all state actors to uphold democratic principles and international conventions the Maldives is party to; and calls on the public and law enforcement agencies to exercise restraint and calm in order to mitigate further deterioration of the security situation in the Maldives.

ENDS


PRESS STATEMENT

Male’ — February 25, 2015 — Transparency Maldives (TM) notes with concern the escalating political tensions in the Maldives, especially following the recent arrests of former President Mohamed Nasheed and former Defence Minister Mohamed Nazim. TM appeals to all actors to uphold the rule of law and the Constitution at all times, and engage in dialogue to resolve political disputes.

TM calls on the state and government institutions to ensure that the ongoing cases against former President Nasheed and former Defence Minister Mohamed Nazim are carried out under fair and transparent legal proceedings, free from politicisation and in accordance with the principles of justice. We particularly note with concern that President Nasheed was denied right to legal representation during the court hearing on 23 February 2015.
Furthermore, TM calls on all state actors to follow due process entitled to all Maldivian citizens and to uphold democratic principles at all times in resolving political disputes. TM fears that if the rising political tensions are not resolved peacefully and within the constitutional remit, the political situation of the country may deteriorate further.

ENDS

For media queries, please contact Legal Assistant, Ibrahim Riza on +960 967 6060 or ibrahim.riza@transparencymaldives.org.

View/download the press statement in English and Dhivehi


The Maldivian Constitution requires the President, Cabinet Ministers, Members of the Parliament, and Judges to submit their financial and business interests. The principle goal of asset declaration is to combat corruption—in particular, illicit enrichment—and promote transparency and accountability of the governance system.

However, whilst these constitutional provisions are intended to promote transparency and integrity of public officials, this intention does not translate into reduced corruption due to various systemic deficits, including the failure of asset disclosure. For example, the 2013 Global Corruption Barometer survey undertaken by Transparency Maldives shows that 86 per cent of respondents perceive the Parliament—followed closely by political parties and the judiciary—as the most corrupt institution in the Maldives. The survey also reports that 97 per cent of respondents believe corruption is a problem at the public sector. Similarly, the 2014 Democracy at the Crossroads survey undertaken by Transparency Maldives finds the Parliament as the institution that holds the least public confidence.

This paper, structured into four parts, identifies asset declaration as a key anchor to sustain democratic reform. The first part of this paper outlines what asset declaration is and why it is important. The second part presents the asset declaration system as it is currently practiced in the Maldives; whilst the third part identifies problems in this system. The fourth part provides key recommendations to increase transparency, accountability, and integrity of the governance system.

View/download the full position paper in Dhivehi and English.


Transparency Maldives (TM) notes with grave concern the increasing trend of undermining democratic practices and institutions by the State including the recent move to reduce the number of judges in the Supreme Court; the sudden removal of the Auditor General by the parliament; and the resolution  of the opposition Maldivian Democratic Party (MDP) calling to handover the presidency to Jumhooree Party (JP) leader Hon. Gasim Ibrahim.

Amendment to the Judicature Act and reducing the number of judges

TM fears that the recent amendment to the Judicature Act to reduce the number of judges from 7 to 5 followed by the recommendation by the Judicial Service Commission (JSC) to remove two sitting Justices will further undermine the independence of the judiciary.

The impartiality and independence of the Supreme Court (SC) is not solely decided by the number of Supreme Court Justices but rather by the upholding of judicial integrity and principles. Any move to reform the judiciary must be sincere and look at the entire judicial system, especially the judicial watchdog body, JSC, so that meaningful and real reform may take place.

The decision by the JSC to remove Chief Justice Abdulla Faiz and Justice Muthasim Adnan without publicising the criteria against which they were evaluated raises questions about the transparency and fairness of the process. The criteria used must be objective, based on merit, transparent and well-publicised so that any public concerns about the process may be addressed. TM also notes that the amendments to the Judicature Act allows JSC to override due procedure denying the right of Supreme Court Justices to defend themselves before their dismissal. TM calls on state authorities to refrain from any action that will further undermine the independence and integrity of the judiciary.

Amendment to the Audit Act and removal of the Auditor General

TM notes that the recent amendment to the Audit Act which abruptly ended the tenure of the sitting Auditor General, before the Constitutionally mandated seven-year term serves to undermine the independence of the Auditor General’s Office. Furthermore, the amendment circumvents Article 218 of the Constitution, which prescribes that the only grounds for removal of the Auditor General before the end of his term are misconduct, incapacity or incompetence. It must be noted that the passing of the amendment and the consequent removal of the Auditor General coincided with the release of an incriminating audit report against a Government Minister. TM calls on state authorities to ensure that heads of independent state institutions are given the autonomy to do their mandated work free from insecurity.

Decree by MDP on transferring power to JP leader

TM condemns the resolution passed by the opposition, Maldivian Democratic Party (MDP), calling to handover the presidency to the leader of Jumhooree Party, Hon. Ibrahim Gasim, in the midst of the water crisis, as it attempts to destabilize the elected government and infers overriding the electoral processes stipulated in the Constitution. TM reminds that any change in government should only be brought by a vote of the people and calls on state parties to not undermine the electoral processes of the country.

TM calls on all organs of the state, including political parties, to uphold, respect and operate within the boundaries of the Constitution, and democratic norms and principles.

ENDS

For media queries, please contact Advocacy and Communications Manager, Aiman Rasheed (790 8967).

View/download the statement in English and Dhivehi.


Transparency Maldives thanks friendly nations, the Government of the Maldives, local businesses, civil society organisations, and the public for their continued efforts to provide water aid to residents of Malé, in response to  the water crisis following the incident of fire at Malé Water Sewerage Company (MWSC) on 4 December.

In order to avoid further escalation of the social, economic and political repercussions stemming from the water crisis, Transparency Maldives calls on the Government and MWSC to be more transparent in their efforts to provide aid and to overcome the crisis.

The following issues must be addressed by the Government and MWSC (a joint venture company that has 80 per cent government shares and whose board is appointed by the government) in order to be transparent and accountable to the public:

  • The Government must publicly provide a breakdown of the estimated US$20 million (more than MVR300 million) needed to overcome the crisis, and how the government intends to spend it. Furthermore, the decision to seek donations from the public raises questions given that MWSC is a private, profit-making corporation with 80 per cent government shares.

 

  • Transparency Maldives calls on the Government and MWSC to conduct an independent, transparent, and technical investigation into the 4 December fire incident; make the findings public; and establish effective and preventative mechanisms to ensure such incidents do not occur again. The investigation must scrutinise MWSC’s risk mitigation policy and asset management plan.

The current situation demonstrates the interminable relationship between good governance and citizens’ right to essential human needs. Therefore, Transparency Maldives believes that it is the responsibility of the government to hold accountable and to ensure that MWSC and other companies that provide essential services, such as the State Electric Company Limited (STELCO) and FENAKA Corporation  Limited, have mechanisms in place to review their working procedures so that similar incidents can be avoided in the future. These accountability measures must incorporate company boards and relevant state regulatory bodies.

ENDS

For all media queries, please contact Advocacy and Communications Manager, Aiman Rasheed (7908967).

View/download this press statement in Dhivehi and English