PIC reluctant to cast doubt on election annulment, says Elections Commission

The Police Integrity Commission (PIC) has refused to investigate the confidential police forensic report – based on which the Supreme Court annulled the first round of the 2013 presidential election – because it could cast doubt on the legitimacy of the ruling, the Elections Commission has said.

Speaking at the People’s Majlis Commitee on Independent Institutions, EC member Mohamed Farooq said that the commission noticed serious issues in the Maldives Police Service (MPS) forensic report. According to Farooq, the EC found that many among the people who were considered deceased based on the forensic report were actually alive.

When the EC requested for the court’s permission to include those people in the eligible voters list, the court responded saying it did not declare anyone dead and the annulment of first round of elections was based on the police forensic report, Farooq said.

“Then we realised that it was more of a issue with the forensic report than the Supreme Court. And since it was prepared by the police, we submitted a complaint to the Police Integrity Commission, because they produced such a faulty report,” Farooq was quoted as saying in CNM.

Fraudulent allegations

According to Farooq, the PIC responded to the complaint saying that if a decision is made on the forensic report it could raise questions about the legitimacy of that case, and therefore the commission will not decide on the matter nor will they investigate the case further.

In the first round of elections former President Mohamed Nasheed of the Maldivian Democratic Party (MDP) came first with 45.45 percent. President Abdulla Yameen of the Progressive Party of Maldives (PPM) came second with 25.35 percent, and the Jumhooree Party’s Qasim Ibrahim came third with 24.07 percent of the vote.

Qasim subsequently filed a case at the apex court citing fraud and vote rigging in the election. On October 7, the  Maldives Supreme Court annulled the first round.

The 4:3 verdict cited a confidential police report submitted to the court alleging 5,600 ineligible votes. It was said to be compiled by a team of MPS ‘forensic experts’ who worked inside the Supreme Court premises collecting and analysing evidence of the alleged vote rigging.

Later, when the People’s Majlis ‘241’ security services oversight committee requested for the report, then Commissioner of Police Abdulla Riyaz declined. The parliament have still not officially received the report, however a copy of the document was obtained and published by Minivan News.

Report’s impact could be huge: MP Sameer

The report was later shared with the EC, who will now review it and submit a report to the People’s Majlis Committee on Independent Institutions.

Speaking to Minivan News today, the committee chair MP Ahmed Sameer said the  group would review the EC report and take necessary action.

“The impact of this report is huge. If there is something wrong with the report we will have to look into it. It shall be discussed in the Majlis,” Sameer said.

The three dissenting judges in the Supreme Court case, Chief Justice Ahmed Faiz, Justice Abdulla Areef and Justice Muthasim Adnan in their dissenting opinion dismissed the confidential police report submitted by the Attorney General Azima Shakoor as invalid evidence as EC was not provided a right of response to the document.

The majority decision of court based on the secret police report cited 5,623 ineligible votes, while Faiz and Areef, after a comparison between the EC’s list of those who voted and the Jumhooree Party’s seven lists alleged of dead, underage, and repeated voters found only 473 cases (0.2 percent of votes) of irregular votes.

The two judges also stated that election laws do not allow for annulling the entire election in instances of fraud, and all three dissenting judges challenged the apex court’s constitutional jurisdiction over the case.

The confidential police report was also dismissed by the United Nations after an expert review of the document. “We feel confident in asserting that the election was all inclusive, there was no disenfranchisement and the quality of the voter register met international standards,” read a statement from UN Assistant Secretary-General for Political Affairs Oscar Fernandez-Taranco following his visit to the Maldives stated

Other local and international election observers, among them Commonwealth and Indian observers, also praised the conduct of elections, considering it free and fair.

Some people claimed to be underage in the secret police report were later found to be of voting age at the time, and some declared deceased in the report found to be alive.

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MDP suspects electoral fraud in presidential election, says Nasheed

The opposition Maldivian Democratic Party (MDP) suspects electoral fraud using fake national identity cards in last year’s presidential election, former President Mohamed Nasheed has said.

Speaking to reporters after voting in today’s local council election, Nasheed referred to the Elections Commission (EC) including ID card photos in voter lists used at polling stations.

“We now have photos of all eligible voters. [But] we can see people without photos in the eligible voters list. We suspect very strongly that those without photos are non-existent people. However, they voted in the presidential election,” Nasheed said.

Nasheed explained that all candidates were sent the marked voters registry after the election, which identifies those who voted.

“So we are very certain now that there was serious fraud in the presidential election,” he said, adding that there were discrepancies between the voter registry used in the presidential election and the one used today.

Nasheed said he believes that non-existent people were added to the database at the Department of National Registration (DNR) as part of “efforts to rig the election through the Supreme Court.”

On October 7, the Supreme Court annulled the results of the first round of the presidential election on September 7 based on a secret police forensic report despite international and domestic praise of a free and fair vote.

Subsequent attempts to conduct the polls were obstructed by the police after the Progressive Party of Maldives (PPM) and Jumhooree Party (JP) refused to sign the voters registry – a requirement from a 16-point guideline imposed by the apex court judgment.

Nasheed was narrowly defeated by PPM candidate Abdulla Yameen in the second round of the presidential election that eventually took place on November 16.

Yameen received 51.39 percent of the vote (111,203) whilst Nasheed polled 48.61 percent (105,181) – a difference of just 6,022 votes.

Total voter turnout was 91.41 percent (218,621), the highest since 2008, up five percent from 208,504 (86 percent) in the first round.

Nasheed meanwhile told the press today that discussions were taking place within the MDP on a course of action concerning the suspected electoral fraud.

“I believe we have to go to court, too. We have to raise our voices about this. We have to clearly find out what happened with this vote. We always suspected there was fraud committed through the Supreme Court. Now, God willing, we will be able to confirm with this information,” the MDP presidential candidate said.

He added that the party could not accept the results of the presidential election if allegations of fraud were substantiated.

EC President Fuwad Thowfeek told parliament’s Independent Institutions Committee on Thursday (January 16) that the first list with ID card photos provided by the DNR was missing photos of more than 5,400 people.

However, the DNR provided photos of about 4,000 voters two weeks ago, Thowfeek told MPs, which left the final voter lists without the photos of 1,176 people.

Asked if photos could have been repeated in the DNR list, Thowfeek said the EC could not check and verify the information.

Speaking to press following the closing of polls today, EC member Ali Mohamed Manik addressed the allegations of phantom voters on the DNR list.

Manik said he personally did not believe that the DNR “as the institution responsible maintaining information of all Maldivian citizens” would provide fraudulent lists to the EC.

He added that the EC has not attempted to verify the authenticity of the photos provided by the DNR.

Thowfeek noted that the commission was legally responsible for compiling the eligible voters registry prior to the annulled presidential polls on September 7 last year.

However, the Supreme Court ordered the EC to consider the DNR list as the only source in compiling the registry, Thowfeek explained.

He added that the EC was forced to consider the DNR list as legitimate despite errors, such as citizens deemed deceased while alive.

“So it has become difficult for us to say anything about the validity of the list,” he said.

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Voter lists put up at polling stations with ID card photos

Voter lists for today’s council elections have been placed at polling stations for the first time with national identity card photos, prompting complaints from women with face veils.

Speaking at an Elections Commission (EC) press conference this afternoon, EC President Fuwad Thowfeek said photos were included in the eligible voters registry placed outside each polling station as a safeguard to prevent fraud.

“Even though this is something new that we introduced, in most countries, photos of voters are included in the voters list,” Thowfeek said.

Photos of all eligible voters were provided by the Department of National Registration (DNR) from its identity card database with the exception of 1,170 photos, Thowfeek said.

The voters list used in previous elections only included name, address, ID card number and date of birth.

EC member Ali Mohamed Manik said the EC decided to make the lists with ID card photos in the interest of ensuring transparency.

“There are a lot of foreigners living in the country. As there could be a chance for foreigners to vote using ID cards, this was done to prevent that and facilitate the right to vote for Maldivians,” he said.

Manik said the commission has officially received two complaints so far from women in cases where the ID card photos were taken before they wore face veils.

The official in charge of the Elections Complaints Bureau noted that a number of women who wear the hijab were also phoning in complaints about their photos being made public.

“Concerning these complaints, we brought it to the attention of the commission’s members and informed [polling stations] to cover with a piece of paper the photos of people who insist on taking it down,” he said.

He added that voters had an “individual responsibility” to update photos at the DNR after wearing the hijab.

Local media outlet CNM has meanwhile reported that some religious scholars have objected to the photos of women with face veils made public by the EC.

NGO Salaf preacher Sheikh Adam Shameem told the news website that making the photos public was demeaning to the women in question and called to punish those responsible.

Adhaalath Party President Sheikh Imran Abdulla also contended that the practice was contrary to Islamic principles and infringed on the rights of veiled women.

Among other complaints submitted to the EC included two cases where marked ballot papers were displayed, complaints regarding pens with fading ink and complaints over the conduct of election officials.

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One-third of electorate deprived of true representation: TM

The current local government system deprives one-third of the electorate of true representation, governance NGO Transparency Maldives (TM) has said.

One-third of the electorate base their living in the capital city Malé or in other islands, however, they are only allowed to vote in their permanent or registered constituency, TM noted in a position paper on today’s local government elections.

Hence, the current system “deprives” one-third of the electorate of true representation and “defeats” the purpose of a decentralised administrative system.

“The only way to achieve true representation would be to pave the way for people to vote in the constituencies where they actually live. This is the basic tenet of decentralisation, and it empowers people to hold local councils accountable for decisions that directly affect their lives,” the NGO recommended.

The position paper also called attention to three additional issues in the current electoral system – application of the Supreme Court’s 16-point electoral guideline, the electoral dispute resolution mechanism and ensuring secrecy of the ballot.

Supreme Court’s guidelines

TM said it does not believe the Supreme Court’s guideline improves the existing legal framework on electoral administration.

The Supreme Court issued the guideline in its verdict annulling the first round of presidential polls held in September 2013. The guidelines mandate candidate signatures on the voter registry, use of the Home Ministry’s Department of National Registration’s (DNR) database to compile a new registry, and police oversight on transport of ballot papers and boxes.

In October 2013, the Maldives Police Service obstructed polls at the eleventh hour after the Progressive Party of the Maldives (PPM) and the Jumhooree Party (JP) refused to sign the voter lists.

Transparency Maldives has expressed concern over the opportunity provided by the guideline for political parties and candidates to obstruct the electoral process and said the guideline undermines the independence of the EC in organising and administering elections free from undue external influences.

“The People’s Majlis is mandated with making and amending laws, and hence the Majlis must immediately review the Supreme Court’s 16-point guideline and authorities should revert to using the existing legal electoral framework,” the NGO recommended.

The Commonwealth Observer Group who monitored the presidential polls has also called upon the Majlis to examine the consistency and workability of the guideline.

The guideline “appeared to undermine the authority of the Election Commission, were inconsistent with or contrary to electoral law, and were at odds with the constitution,” the Observer Group said in its final report.

In addition, TM has also called for greater cooperation between the EC, the Maldives Police Services, the Anti Corruption Commission (ACC), the Maldives Broadcasting Commission (MBC), the Prosecutor General, and the Majlis in establishing accountability mechanisms to address transparency in political financing, bribery, vote buying, misuse of state resources for campaigning, and violations of the code of conduct on campaigning.

Secrecy of the ballot is not ensured in the local government and parliamentary elections, in situations where one of a few individuals have to register to vote in polling stations other than their constituencies, such as in resorts and industrial islands, TM said.

Transparency Maldives has recommended the setting up of a mechanism to ensure secrecy of the ballot for all citizens who have to vote away from their constituencies.

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Supreme Court disqualifies island council candidate

The Supreme Court on Friday night disqualified a candidate for the island council of Thaa Kandoodhoo over a drug conviction in 2002.

The apex court ruled that Hassan Areef of Maafolheyge in Kandoodhoo did not meet the criteria for contesting elections as he had been sentenced to seven years imprisonment by the Criminal Court.

Areef was running for the island council on a Maldivian Democratic Party ticket when a complaint was filed at the Elections Commission complaints bureau.

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President Yameen withdraws nominee for MMA governor

President Abdulla Yameen Abdul Gayoom has withdrawn his nominee for the Maldives Monetary Authority (MMA) governor.

According to local media, President Yameen withdraw the nomination of Ibthishama Ahmed Saeed, an associate director at the Bank of Maldives Plc Ltd (BML), but has yet to submit a new name to parliament.

Former Governor Dr Fazeel Najeeb stepped down from the post on January 1 after five years at the central bank.

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Low initial turnout as local council elections proceed

Local council elections are underway in the Maldives, dispelling fears that recurring issues with the signing of voter registries would halt polls.

Early reports suggest voter turnout to be low, with a lack of general enthusiasm reflected in a muted election campaign by all parties.

A total of 2463 candidates are competing for 1100 seats – 951 island council, 132 atoll council, and 17 city council seats. Today’s council vote is only the second in the country’s history, after the landmark Decentralisation Act initiated by the Maldivian Democratic Party (MDP) government in 2010.

Opening and 7:30am and closing at 4:30pm, polls are proceeding smoothly after the Elections Commission (EC) opted to continue in spite of the failure to gain candidate’s signatures on for the majority of ballot boxes.

Candidate approval for the lists was included in a 16-point Supreme Court guideline issued with last October’s decision to annul the first round of the presidential elections.

The prescriptive list has subsequently been described within the international community as “onerous”, with a recently leaked Commonwealth report urging a reappraisal of the guidelines which it deemed to be at odds with both electoral law and the constitution.

As of Wednesday, the EC reported that only 147 out of 543 independent candidates competing in the elections had signed the lists so far – many citing difficulty in travelling to Malé to provide the signatures.

One council election has been delayed – in Gaafu Alifu Atoll – after the Supreme Court invalidated a previous EC decision to disqualify candidate Masud Ahmed on grounds of past criminal offences.

The close proximity of the court’s decision to polling day prompted the EC’s decision to delay in order to give Masud adequate time to campaign.

Voters were asked to go to the polls on three separate occasions during presidential elections, with a fourth poll aborted at the eleventh hour. Turnout for the final vote, however, was still over 91 percent.

Parliamentary polls are scheduled for March 22.

Eventual victor President Abdulla Yameen yesterday urged voters to choose candidates from within the government’s Progressive Coalition, though coalition member the Adhaalath Party  has decided to field separate candidates today.

The coalition’s local election campaign was launched under the banner ‘My stake – development is certain’. The group includes Yameen’s Progressive Party of Maldives, the Jumhooree Party, the Maldives Development Alliance, and ostensibly the Adhaalath Party.

Yameen has suggested that the development envisaged within his party’s manifesto will be hard to achieve should the people not support the governing group at the polls today.

Meanwhile, presidential runner-up Mohamed Nasheed has urged people to vote for his MDP in order to preserve and consolidate democracy against what he has labelled a return to authoritarian, one-family, rule under the leadership of Yameen – half-brother of thirty year dictator Maumoon Abdul Gayoom.

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President Yameen reiterates campaign pledges ahead of local council elections

President Abdulla Yameen reiterated the Progressive Party of Maldives’ (PPM) pledges at a campaign rally in Addu City last night ahead of Saturday’s local council election, urging voters to choose candidates willing to work with the government.

Addressing supporters in Hithadhoo, President Yameen vowed to fulfil the PPM’s pledge to provide MVR10,000 a month to fishermen during lean months, and to raise old age benefits from MVR2,700 to MVR5,000 a month before the end of the year.

“But I said even then [during the presidential election], these things are not done out of the state budget. MVR2,700 a month is given to all persons over the age of 65 from the state’s budget. In addition to money given from the state budget, what I said was that there are large amounts of money in various state funds,” Yameen said.

“If this money is handed over to a fund manager to earn a better income, an adequate profit could be made from it. It is from this that the MVR5,000 I mentioned could be distributed,” he explained.

The old age pension could not have been increased in the state budget as parliament has not approved any of the government’s revenue raising measures, Yameen contended.

The Fisheries Ministry has meanwhile begun registering fishermen, Yameen continued, after which the scheme for providing MVR10,000 a month would be launched.

Fishermen would have to pay about MVR80 to MVR90 a month as a deposit to a fund, he explained, out of which MVR10,000 would be distributed during months when fishing is poor.

“But I should have the opportunity to do this, shouldn’t I? It is the public that gives me the opportunity. The public gives this opportunity through the councillors and members of parliament you elect,” he said, urging voters to choose PPM or government-aligned candidates in the upcoming elections.

Regardless of political affiliation or ideology, he added, the public should ensure that MPs “do not say no to projects that are beneficial to the people,” which was not the case at present with MPs of the opposition Maldivian Democratic Party (MDP).

Opposition MPs should vote for the budget and enable the executive to enact its economic policies, Yameen contended, as the government was elected by a majority of the public with implicit endorsement of its policies.

Refusing to approve ministerial appointees or pass legislation did not amount to “holding the government accountable,” he argued.

Addu City development

A number of infrastructure projects for the southernmost atoll was included in the 2014 budget, Yameen said, including establishing sewerage systems, providing clean water, and upgrading powerhouses.

Moreover, he added, the Addu International Airport at Gan would become “a seaplane hub” that transports tourists to nearby atolls.

As a foreign company has won the bid for the Herethera Resort, Yameen said further jobs would be created, whilst more tourism projects for Addu City were in the pipeline.

The government has also invited bids for the Equatorial Convention Center – which was at present an “eyesore” that was “not utilised for any purpose” – to be developed as “a city hotel complex,” Yameen said.

“We’re talking about thousands of jobs. We’re talking about economic development. We’re not talking about mariculture in a small lagoon here. We are talking about projects, a vision for economic progress,” he said.

Noting that MVR300 million (US$19 million) was allocated for the youth ministry, Yameen also pledged to establish a sports complex in each ward of Addu City this year.

High youth employment and sports facilities were necessary to reduce crime, he stressed.

If the government’s efforts were not obstructed, Yameen said, the country would undergo an “economic transformation” with GDP per capita doubled in the next five years and tourist arrivals reaching 5 million a year.

“Vote for the scale”

Former President Mohamed Nasheed has meanwhile been campaigning in Male’ for MDP candidates from the capital.

Speaking at a campaign event in Maafanu last week, Nasheed urged the public to “vote for the scale [MDP logo]” to preserve and consolidate democracy.

The choice was between the unjust and oppressive practices of former President Maumoon Abdul Gayoom’s 30-year reign and the “rapid development” and social security of the MDP’s three years in government, Nasheed contended.

“Do you want equality or for the riches of the nation to be left to a wealthy few? Do you want to maintain individual liberty or lose your freedom of expression and freedom of assembly saying it is for the good of the society?” he asked.

“Do you want the path to development becoming clear through political parties and peaceful political activity or do you want an authoritarian family rule?”

Nasheed called on voters to choose MDP to “reform and improve the condition of this country.”

“It is not possible to do it in one election. Outmoded principles and traits entrenched through the ages can only be changed in this country by repeatedly voting for the scale,” he said.

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