The Attorney General’s Office has raised concerns over a rising trend of foreign vessels leaving Maldivian waters without paying fines, an issue that has intensified over the last three years. During a meeting with the Parliament’s Environment and Climate Change Committee, officials from the AG’s Office discussed the complexities surrounding unpaid fines, particularly those related to environmental violations and shipwreck incidents.
Counsel General Fathimath Haleem, along with Senior State Counsel Hawwa Sana and State Counsel Mariyam Shaanee, represented the AG’s Office in the meeting. Fathimath Haleem explained that since 2022, the AG’s Office has faced escalating challenges in recovering fines, primarily from foreign ships. Key areas affected include fines for harming protected species and penalties for damage from shipwrecks, some of which are still pending in court. Thirteen cases of unpaid fines related to protected species have been filed, and in one instance, the Civil Court ruled that payment was not required due to procedural discrepancies.
The meeting highlighted an ongoing legal dispute involving the construction of the Thilamale’ Bridge, where AFCONS, the contractor, contested a fine imposed for damages to a barge. AFCONS claimed the fine was excessive and initiated a civil case against the state.
According to Fathimath Haleem, enforcement efforts have been thwarted by procedural issues and loopholes exploited by the offending vessels. Most foreign ships, unlike local vessels which cooperate with fine payments, employ tactics to avoid accountability. These tactics include changing agents before the fine is processed, making it difficult to prosecute, and prolonging the court process. This delay also limits the AG’s Office’s ability to trace and contact ship owners once the vessels depart Maldivian waters.
Moreover, under current Maldivian law, authorities lack the legal power to detain vessels that refuse to pay fines. Fathimath Haleem emphasized that the existing 1993 legislation does not grant the state authority to “arrest” or confiscate ships that leave without clearing their dues. “One of the greatest challenges we face is the inability to hold these vessels accountable through detention,” she remarked.
Acknowledging the pressing nature of the issue, Fathimath revealed that the AG’s Office is collaborating with relevant stakeholders to explore amendments to Maldivian law, aiming to establish a more permanent solution.
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