“Dark day in constitutional and parliamentary history”: Dr Jameel

The government has responded to the Maldivian Democratic Party (MDP) MPs’ preventing President Mohamed Waheed Hassan from giving the annual presidential address on March 1, in a press conference on Thursday.

Special Advisor to the President Dr Hassan Saeed, Home Minister Dr Mohamed Jameel and Attorney General Azima Shukoor, criticised the acts of the MPs, labeling them “uncivilised” and “unethical”.

“President Waheed went to the Majlis at 10:00am and had waited until 6:30pm to execute his constitutional duty,” said Dr Saeed. “He faced enormous challenges and obstruction [from MDP MPs] during this time but tried his best to resolve the situation peacefully until the last minute.”

Dr Saeed said that although he could not deliver his speech in the parliament, he had shared a written copy of his speech with the speaker and members of parliament would have received a copy of it by now.

“After requests from MDP MPs, the President met with them and they did make some proposals. The President, as the head of the state, even acknowledged those proposals but it all went astray at the end of the day,” Dr Saeed said.

“One proposal the MPs made was that instead of political parties negotiating on early elections, they wanted parliament to decide on the matter,” he added.

“The events that happened [in the Majlis] were uncivilised and unethical given the developed era we live in today.”

Home Minister Dr Jameel described Thursday as a “dark day in constitutional and parliamentary history” of the Maldives and acknowledged the patience and determination of the security forces in handling the situation.

“Security forces [police and MNDF] handled the situation with great patience and determination. Many officers sustained various degrees of injuries while controlling the protesters,” Dr Jameel said.

“14 officers sustained injuries, four of which were serious. One officer is still in a critical condition and is being prepared to be flown to Sri Lanka for additional care,” he continued.

He emphasised that the government would take action within the boundaries of the law against everybody who had obstructed the duties of the police, including those currently in police custody.

Dr Jameel noted that after investigation of those arrested, police had found that some of the suspects had tested positive for drugs after urine tests.

“We are now getting evidence that there are unlawful activities going on in the demonstrations held by the MDP,” he claimed.

Attorney General Azima Shukoor stated that she did not believe Dr Waheed had failed in executing his constitutional duties since as per the article 84 of the constitution, the first session of the parliament had not convened.

“According to the article 84 of the constitution, as long as the first session of the parliament has not convened, I do not believe that the president has failed in executing his constitutional duty,” she said.

Article 84 states: “At the beginning of the first session of each year at the first sitting, the President shall address the People’s Majlis [Parliament] on the state of the country, and may present proposals for improving the state of the country to the People’s Majlis.”

Shukoor offered assurances that President Waheed would remain determined to execute his constitutional duties and that he remained willing go to parliament and deliver the presidential address if the speaker and the parliament invited him to do so.

Asked how the government could proceed in passing bills and approving the appointment of ministers, if MDP MPs continued to challenge the government’s legitimacy and obstruct government proposals, Dr Saeed responded that “No one should try to take advantage of the President’s approach of negotiating for a peaceful solution, and no one will succeed. The President will do whatever he can in his capacity to deliver peace and order in the country.

“Those who obstructed the President from delivering the speech were not the majority of the parliament. There were 44 other MPs whose rights were deprived by them,” continued Dr Saeed.

“Whether [the MDP] believe it or not, this government is legitimate. It came to power constitutionally.

“Even if there are questions of legitimacy, this is not the way things have to be done. The international community, including the Commonwealth, have recognised the Commission that the government formed to investigate questions regarding that arose regarding recent events,” continued Saeed.

Dr Jameel said: “The actual answer to the question [you] asked is, we are seeing the behavioral differences between two political groups of the country. That is, since the beginning if anything that goes the way the MDP does not want, they always blame the institutions and the heads of those institutions.

“For instance, look at the example when the court issues a verdict in the case of MP Ismail Abdul Hameed or MP Musthafa, [two MPs who lost the seats recently]. [They claimed] the courts were at fault and they did not recognise the courts. MP Reeko Moosa Manik created his own court and issued verdicts. Where in the world does that happen? I am surprised because journalists don’t notice that,” Jameel said.

Jameel went on to state that “They [former government] arrested people the way they want and did not get their custodial period extended, for example the way they arrested me, I think they made a world record by summoning a politician six times in one week to the police station and keeping me very brutally in isolation at Dhoonidhoo island on three occasions just because of an opinion I expressed.”

Jameel continued “Minivan news is a newpaper which advocates freedom of expression as I heard, but even in Minivan News I highlight with regret that I don’t think they had reported this case, also I heard there was a group who advocated for detainees rights but they chose to remain silent when we were arrested, also they went to the court and said that we got orders from above to arrest Jameel. This is what the court said. Because it failed the courts were at fault [for MDP]”

Jameel also said that the Anti Corruption Commission (ACC), Civil Service Commission (CSC) and Attorney General’s office had all been portrayed as at fault because they had issued statements that were against what MDP had wanted.

The police and the Maldives National Defence force had been painted as at fault by the MDP, Dr Jameel claimed, “because they had only asked then government not to issue unlawful orders. So [the MDP portrayed] them as the worst people that ever created. These are examples that can be seen.”

Jameel reiterated that when DRP was in opposition they had “never had hijacked the parliament when the President arrived to deliver the speech.”

Minivan News asked whether the government would continue to seek to negotiate a political solution for the situation, to which Dr Saeed responded: “This government is not a government that will declare war against parliament. If a bill or a policy that the government proposes is rejected by the parliament, we will not arrest MPs for charges of acting against the state. We will not keep MPs on Aarah for 10 days.”

“I assure that even if the most important policy of President Waheed does not pass, he will not take any action against the parliament. Cabinet Ministers won’t resign. He won’t protest in front of the parliament building. We assure you that from President Waheed.”

Dr Saeed also said that the policies Dr Waheed would propose would not be his own policies, or those of the coalition he represents, but would rather be in the best interest of the people. He also stated that Waheed’s policies would “not contradict the oath of the MPs as well.”

Shukoor responding, stating that “In the question of legitimacy, the opposition during Nasheed’s presidency questioned his legitimacy as well. But during that term, the legitimacy was not a problem because the constitution states that for any reason if the president resigns, the vice president would take his place. That’s what is in the constitution.”

“We are speaking of an early election not because we have a legal issue here, nor there is a question of legitimacy of the current government, but to find a political solution. We are calling to amend the constitution for an early election because there are no stipulations that allow an early election to be called.”

“It is very clear. The vice president can remain till the end of the term [after assuming presidency]. It is stated in the constitution so there are no issues of legitimacy here,” she claimed.

“The current president who is in power is the person people voted for in case the serving president was unable to continue his term in any circumstance, so even looking at the political purpose here, there is no question of legitimacy here.”

“When you say a sizable amount of MPs are questioning the president’s legitimacy, I believe the national flag was torn off [in the parliament chamber] not because there was a question of legitimacy of the president, thiswas is very clear. That the speaker was unable to get into the parliament chamber was not an issue concerning the legitimacy of the president.”

Shukoor said that even if the legitimacy question was there, no one should dishonor the national flag as the national flag was legitimate.

During the scuffles in parliament, Minivan News observed from the press gallery that the national flag was knocked over while MDP MPs sought to remove the Speaker’s chair, but was quickly returned to its original position.