Page 913 – Minivan News

MDP looks to work within Majlis to secure early elections

The Maldivian Democratic Party (MDP) has said it will now begin working through the Majlis to achieve early presidential elections, after President Mohamed Waheed Hassan succeeded in inaugrating the parliament today.

MDP MPs heckled Waheed, preventing him from delivering the constitutionally-mandated presidential address on two occasions, claiming he had come to power through a coup d’état.

Waheed succeeded in addressing parliament only on his third attempt, amid MDP MPs continued shouts of “Traitor” and obstruction of Waheed’s face with a banner condemning him as a “Coup Boss.”

Now that Majlis has opened for the year, the MDP will work within and outside the Majlis to obtain a date for elections, MDP Spokesperson and Malé MP Imthiyaz Fahmy said.

“But I don’t think it will be possible through the Majlis,” Fahmy said. “A lot of MPs in the parliament supported the coup.”

The MDP said that it did not take pride in attempts by its MPs to obstruct the Majlis opening, but Fahmy said he felt they had been left little choice due to the party’s concerns over Waheed’s legitimacy.

“We do not take pride in such actions. But as a coup-sponsored leader, we believe his presence violates the integrity of the parliament,” Fahmy said.

Fahmy said the parliamentary group had given the Speaker the opportunity to inaugurate the Majlis, but “started protesting only when Baagee [ translated as traitor] Waheed entered Majlis.”

Fahmy also said that the MDP does not sanction violence.

Clashes nonetheless broke out between police and MDP protestors demonstrating a few streets away from the Majlis building. Over 60 were arrested. Police used tear gas and, according to some eye witness accounts, rubber bullets to disperse the crowd. Police are presently unable to confirm to Minivan News whether rubber bullets had indeed been used.

“Supporters of the current government or even police themselves may have started violence in order to attack the protestors,” Fahmy claimed.

The MDP had been organizing peaceful protests at Raalhugandu (Surf Point) for over a month. “But we haven’t been violent. We are calling for elections. Not for a violence or a coup,” Fahmy said.

The MDP alleges the controversial February 7 resignation of former president Mohamed Nasheed was a coup d’état, and has called for early general election. The Commonwealth Ministerial Action Group (CMAG) has supported the call.

Monday’s parliamentary sitting saw Speaker Abdulla Shahid deploy the Maldives National Defense Forces (MNDF) in an attempt to restore order to the chamber. Scuffles broke out between MDP MPs and MNDF personnel, and two sustained injuries, as the MNDF tried to remove protesting MPs.

In the chaotic atmosphere of today’s Majlis session, President Waheed said he would honour early elections calls backed by the MDP, as well as bodies including the EU and Commonwealth, if such as move was “required”.

Waheed pledged via a statement after giving his speech to bring together all political leaders to discuss constitutional amendments required for fresh elections.

“This is the time for all of us to work together in one spirit, the time to bring political differences to the discussion table in order to formulate solutions,” claimed the president. “I fully assure you that I will not order anyone to act against the Constitution or laws of this country”.

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Comment: Getting constitutional with Waheed

Dr Waheed has often reiterated that no matter what the findings are of a formal enquiry into the events that led to Mohamed Nasheed’s resignation, his own legitimacy as President of the Maldives remains beyond question.

He bases this claim to legitimacy on the constitution. How much substance does the claim have?

Article 121 of the constitution states the President can quit by submitting his resignation written ‘under his own hand’ to the Speaker of the Majlis. The office of the President becomes vacant as soon as the Speaker receives the resignation letter.

Article 112 (d), meanwhile, states that if the office of the President becomes vacant ‘for any reason’, the Vice President shall succeed to the office of the President.

Nasheed wrote his resignation letter, did he not? Waheed was sworn in as president after the Speaker received the letter, was he not? This means he is the legitimate president, does it not?

Technically, yes. And only if we assume, like Waheed does, that the constitution does not give a damn about whether or not the hand that wrote the president’s resignation letter was forced.

Such narrow constructions of the constitution, although incompatible with the ethos of a new democracy committed to its consolidation, are popular weapons for instating the legitimacy of this new regime.

It has, for example, continuously invoked Article 110 as a reason why elections cannot be held earlier than July-September 2013 without first enacting a constitutional amendment.

Article 110 states that elections for the office of President must be held within 120 days to 30 days before the end of a given five year term. It assumes things are going according to plan and, to ensure the smooth transition of power, it provides a timeframe within which the handover of power can take place democratically, through the ballot box.

The new regime has taken this clause of the constitution to mean that it forbids elections until 120 days before the expiry of a natural five-year term, no matter what.

If this were so, why does Article 125(c) of the Constitution foresee circumstances ‘where fresh elections have to be held for any reason during the currency of an ongoing presidential term’?

Where then is the legal basis for the argument being made by Waheed and the current regime that holding early elections will require a constitutional amendment?

Another question about Waheed and the constitution is: what type of president is he? Is he a caretaker president, or is he president proper?

Article 114 of the constitution says that an incoming president can assume office once he takes his oath before the Chief Justice, ‘at a sitting of the People’s Majlis’.

The Chief Justice administered the oath of office for Waheed’s presidency. And Speaker Abdulla Shajid was present. But it was not done ‘at a sitting of the People’s Majlis’.

According to the constitution this is a type of oath administered not to an incoming president proper, but to ‘any person temporarily discharging the duties of the office of the President’ (Article 126).

Furthermore, the only circumstance in which the constitution envisages the need for such a caretaker is if the offices of both the President and the Vice President become vacant at the same time (Article 125(a)).

By overseeing a caretaker oath for Waheed, did the Speaker of the Majlis de facto deem the offices of both the president and the vice president vacant on 7 February? If not, why was Waheed not sworn in before the Majlis?

Most importantly, if the constitution is to be upheld, such a caretaker figure can only remain as the country’s leader for a maximum period of 60 days.

Elections must be held within that period for both President and Vice President.

So why are fresh elections not being held before 7 April? And again, why is it being said that the constitution cannot accommodate early elections without an amendment?

And, if Waheed took office as a ‘person temporarily discharging the duties of the office of the President’ (Article 126), what business does he have purging the government of high-ranking MDP members, installing a brand new cabinet, and modifying or reversing most major policies pursued by the legitimate government he was supposed to be taking care of?

If President Nasheed resigned voluntarily and Waheed acceded to the position constitutionally, then Waheed’s first trip to the Majlis should not, and cannot, be to address it as President.

Without the Majlis first witnessing him taking the oath, it has no business accepting him as President.

One final question on Waheed and the constitution: if Waheed were such a stickler for it, and were he such a committed democrat, why is he turning a blind eye and a deaf ear to the thousands of people demanding ‘elections now’?

Article 125 of the constitution provides him with the perfect opportunity to give people what they want. All he has to do is resign for there to be an election within 60 days.

Can Waheed take a hit for the greater good? Or is his commitment to democracy as much of a chimera as the ninety-percent support he claims to have?

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Police Integrity Commission issues statement over protest violence

The Police Integrity Commission has issued a statement regarding the ongoing protests lead by the Maldivian Democratic Party (MDP) acknowledging the patience shown by the police forces in dealing with the protesters.

The commission, mandated to serve as the country’s official police watchdog over the police forces also condemned what it saw as attempts by the protesters to break through police lines and attack security forces.

“We condemn the attacks on the police line in the protests near the parliament and call immediately to cease all such acts. And also, we acknowledge the patience and professionalism of the Maldives police force in controlling the protests,” the statement read.

PIC President Shahindha Ismail stressed the commission was not condemning a particular party in the attacks on police.

The commission also advised the police to maintain their actions within the boundaries of the law and to use necessary force in controlling the protests.

‘We also advice the police to execute their duties in accordance with the law and not to use excessive force in dealing with the protests.’

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Male’ gripped by chaos as protests intensify

As violent confrontations between police and anti-government protesters rock the capital of Male’, the Majlis continued was locked in a stalemate as President Waheed was forced to give his opening speech amidst loud heckling from MDP MPs.

The live feed continues here.

16:31 – Tension is once again on the rise as large numbers of police have begun to clear out the surf point area of the capital that has been home to an MDP protest camp since the controversial resignation of former President Mohamed Nasheed last month.

16:14 – Police with riot shields have now asked asked a large group of people gathered towards the Tsunami Memorial to disperse.

15:35 – A police spokesperson had told Minivan News that the violent confrontations with protesters now appeared to have been bought under control, although a few people are still thought to be waiting in Sosun Magu.

15:20 – President Waheed and his spokesperson Abbas Adil Riza were unavailable to elaborate on the comments made during today’s speech when contacted by Minivan News.

15:00 – The President’s Office has issued a statement quoting Dr Mohamed Waheed in pledging to commit to an early election if it was “required”.

Reiterating points raised in his inaugural address to a boisterous Majlis floor that saw the president having to shout over loud heckles from MDP members just a few hours ago, Waheed pledged to bring together all political leaders to discuss constitutional amendments required for fresh elections.

“This is the time for all of us to work together in one spirit, the time to bring political differences to the discussion table in order to formulate solutions,” said the president. “I fully assure you that I will not order anyone to act against the Constitution or laws of this country”.

14:45 – Some protesters are reportedly making their way to the justice rally by the Tsunami memorial.

14:40 – The MDP has issued a statement condemning the acts of violence that took place across Male’ today, alleging that a blaze in the Neelan Fihaara “may have deliberately started” by figures loyal to the government as a means to crack down on peaceful demonstrators.

“The MDP condemns the Waheed regime’s attempts to associate the MDP with acts of violence, even before conducting an independent investigation,” the statement read. “Thousands of pro-democracy supporters poured onto the streets this morning to peacefully protest Dr Waheed’s attempt to address the People’s Majlis.”

14:10 – The official police website has reported that eight police personnel have suffered injuries during today’s protests, while 41 people are reported to have been arrested.

14:06 – Dr Waheed has returned to the chamber and finished giving his address amidst loud heckling from MDP Supporters in the Majlis chamber.

13:57 – The Police Integrity Commission has released a statement denouncing what it sees as violent acts committed against security forces by protestors.

13:34 – One female protester seems to have fainted, while another has been badly affected by gas. “Milk has been put all over her to treat it,” reports Daniel Bosley from between the police lines on Sosun Magu.

13:30 – President Waheed reportedly tells protesters in the chamber “I’ll be back” after having to walk out once again.

13:29 – President Waheed is forced to cut short his speech amongst ironic clapping. Shouts of “long live democracy” are heard as he leaves the floor again.

13:27 – President Waheed is having to shout out his speech as MDP protestors directly heckle him creating a noisy Majlis floor.

13:24 – Police on Sosun Magu have reportedly begun warning protesters they will use “force” to restore order, according to witnesses at the scene.

13:20 – Haveeru has reported that the police are now requesting protesters to being cooperating with them, whilst the Maldives Broadcasting Commission (MBC) has strongly condemned the attack on the VTV building.

13:17 – Addu City Mayor Abdulla Sadiq has said there has been no reports of unrest in the country’s second city. He was unable to confirm if any events or demonstrations were currently being scheduled to occur in Addu.

13:13 – President Waheed has once again entered the parliamentary chamber only to leave again soon after.

13:05 – MDP spokesperson Hamid Abdul Ghafoor claimed that 20 MNDF are now inside parliament in an attempt to remove Milandhoo constituency MP Riza, Machangoalhi South MP Mohamed Rasheed and Thinadhoo constituency Nazim. Ghafoor told Minivan News that MPs Shifaz and Riza had been injured, meanwhile international observers are said to be looking on at events from the public gallery.

13:01 – President Waheed on his Twitter feed has condemned MDP members and Mohamed Nasheed for blocking parliament. “Anni must take responsibility for the chaos as he is directing the chaos in Male’,” he wrote.

12:51 – MDP members inside the chamber have alleged that the Majlis secretary general has compiled a list of MPs that are required to be removed from parliament before the session can start. The MPs claim this goes against the Majlis rules of procedure as it is for the speaker to say who is to be removed by security officials.

12:45 – The MNDF has confirmed that about 60 per cent of the fire at Neelan Fihaara is under control. People are reportedly taking some items that weren’t burnt in the fire out of the premises.

12:39 – Police have now moved crowds outside of ADK Hospital to the other side of Sosun Magu. Minivan News understands that rubber bullets have been fired.

12:36 – Colonel Abdul Raheem of the MNDF has told Minivan News that security would not hesitate to use rubber bullets to disperse crowds, calling them a “non-lethal weapon” that does not constitute excessive force.

12:35 – Haveeru has reported that some protesters have allegedly harassed and threatened some reporters and media personnel.

12:32 – President Waheed has once again left the chamber after disruptions by MDP MPs who have continued to bang copies of the constitution on their desks.

12:28 – The Majlis session has restarted. President Waheed is now in the parliamentary chamber.

12:25 – Protesters around Sosun Magu have claimed that rubber bullets are being prepared for use by MNDF forces.

12:20 – Minivan News has witnessed that police have cleared protesters from Sosun Magu to the west of the junction by Majeedhee Magu.

12:15 – Maldives Police has announced on Twitter that the protests in Male’ are no longer being considered as peaceful – “necessary force” is now expected to be used.

12:08 – Military vehicle arrives to support police – meets hail of projectiles. Windshield is damaged.

12:07 – Sun Online has reported that MP Shifaz fell and injured himself during scuffles withi the Majlis chamber. “What happened exactly is not yet clear,” the news agency added.

12:03 – Police are reported to have temporarily cleared rioters away from VTV studios.

12:02 – Several physical confrontations have been reported from within the Majlis with the MDP alleging that MP Shifaz has been taken away by the MNDF suffering from a broken leg.

11:56 – An MDP supporter within the Majlis has alleged that Baarashu Dhaaira MP Shifaz has been beaten unconscious by MNDF forces.

11:52 – Outside ADK Hospital several men have been seen covered in blood. Minivan News has witnessed some figures attacking the VTV building with bricks. Soldiers are blocking the doors to VTV studios.

11:48 – “Police are continuing to deploy gas as protesters are being driven back down the street [Sosun Magu],” reports Daniel Bosley. “Some are attacking soldiers on their way past.”

11:45 – Soldiers in gas masks have been spotted outside the VTV building on Sosun Magu. Unconfirmed reports suggest four people have been arrested on the street so far.

11:40 – Fire-fighters are still having difficulty controlling the blaze in the Neelan Fihaara area.

11:36 – Under parliamentary rulings, the speaker must call the name of an MP three times to leave the chamber for contempt before they can be removed by Majlis security. Two MPs have been removed at present. “It could be a long day,” one observer with knowledge of parliamentary proceedings has noted.

11:33 – “The police and local people are now trying to escort police vehicles from the fire. Firemen are still working to put out the blaze,” Naahee adds.

11:29 – Meanwhile, a fire has continued to rage in the Neelan Fihaara. “The fire has even spread to the land in front of the nearby auctioning market,” reports Mohamed Naahee. “ The police garage is right next door.”

11:26 – “There are people now ferrying cases of water to the protest’s front lines in what appears to be a measure to counter the tear gas deployed by police,” reports Daniel Bosley on Sosun Magu. “People are dousing themselves in water.”

11:23 – Protesters on Sosun Magu are said to be cheering as a riot shield is taken from the police and held aloft. An ambulance has arrived on the scene.

11:20 – Confrontations appear to be escalating in the capital with local media reporting that police have now called for the protest on Sosun Magu to be broken up. Outside Majeediyya school, flags and pavement stones are reported to have been thrown at police.

11:16 – “The situation has really escalated on Sosun Magu with tear gas now being deployed. However, the MDP supporters appear to be regrouping,” reports Minivan News’ Daniel Bosley.

11:13 – A Minivan News reporter has witnessed police deploying tear gas on Sosun Magu.

11:08 – Tensions are escalating across the capital amidst claims that a police officer has been injured in scuffles with protesters. Sun online reports that tear gas has been used in response.

11:02 – Haveeru has reported that protesters gathered near the Health Ministry building have begun throwing bottles of water at police as well as trying to breach their lines. Military personal have also now removed MP Alhan Fahmy from the parliamentary chambers.

10:56 – Local media is reporting that military personnel have now been called to Sosun Magu to assist police with a large protest taking place on the street. A spokesperson for the police told Minivan news that they would be working in collaboration with military officials. “They [the MNDF] will be helping us where needed,” the spokesperson added, without elaborating on the nature of the assistance.

10:50 – Outside the chamber, police are said to have cordoned off more than 15 streets including those surrounding the President’s Office and the Majlis in a bid to try and control protests.

10:46 – Meanwhile, Sun Online has reported that President Waheed was not provided with a traditional “red carpet welcome” when entering the Majlis. He instead entered the parliament gate straight from his car.

10:36 – Haveeru has reported that police have been informing protesters gathered on Sosun Magu that peaceful protests will be allowed as part of their constitutional rights, but action will be taken against anyone found to “impede” police.

10:35 – MPs are drumming on tables with copies of the constitution. President Waheed is reportedly in the Majlis, though not yet in the parliamentary chamber, according to state media.

10:33 – Shahid has called for an intermission amidst continued disruption by MDP MPs.

10:27 – Speaker Shahid has asked MP Alhan Fahmy to leave the chamber due to ongoing disruptions as he tries to establish order to the football match-esque atmosphere. MDP MPs are shouting “Baagee Waheed” for their part.

10:23 – The Speaker has called for President Waheed to deliver his address. The MDP MPs have begun their protest.

10:20 – Parliamentary Speak Abdulla Shahid has just started the Majlis session. He has begun with a eulogy for the late Fathulla Jameel. The MDP have vowed to begin their protest after respecting the eulogy.

10:10 – A group of about 200 anti-government protesters replete with MDP and Maldivian national flags have been witnessed in a sit down demonstration outside Majeediyya school – one supporter has claimed it is the school midterm break at present.

09:55 – A Minivan News journalist in the area surrounding the Majlis says that the situation directly outside parliament remains quiet at present, with a somewhat noisy group of protesters currently having gathered at Sosun Magu as police work to enforce a designated route for demonstrators.

The reporter adds that police have blocked access to the Majlis via Fehimagu.

09:45 – A police spokesperson had told Minivan News that there has been no reports so far of conflicts with groups of protesters that are beginning to gather around Male’.

The spokesperson said that the police were hoping to use “minimum force” to keep the protests under control as the Majlis is set to reopen, but the situation would be reviewed as the day progresses.

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Majlis to reconvene amidst ongoing stand-off

Parliament is scheduled to reconvene today for the first time since MDP members obstructed President Mohamed Waheed Hassan from opening the Majlis with his constitutionally-mandated state of the nation address earlier this month.

However, a resolution to the current political stand-off that has so far prevented parliament from functioning since President Waheed came to power appears unlikely .

Amidst calls from the Inter-Parliamentary Union (IPU) for all parties to ensure that the Majlis is not impeded upon opening today, President Waheed is scheduled to try and give his speech despite pledges by Mohamed Nasheed and the Maldivian Democratic Party (MDP) to continue block him until a date for early elections is set.

MDP fears

In a statement issued by the MDP last night, the party claimed that “the consent of the governed is the basis of any legitimate government.”

With calls from the bodies like the EU and the Commonwealth calling for early elections to be held, the MDP has claimed that it has “indirect” international backing for its stance that the current government has “ no democratic legitimacy”, at least whilst question marks remain over the controversial transfer of power last month.

“MDP believes the current regime has no democratic legitimacy as it was instituted through the mutinous actions of the security forces, in effect overthrowing the first democratically elected president through a coup d’etat,” the party stated.

“It is paramount that a regime that lacks the consent of the governed and that has robbed the People of their fundamental right to choose those who would govern them, must not have legitimacy conferred upon it by opening the People’s Majlis.”

The MDP added that it has been working with rival political parties and President Waheed as part of ongoing talks to try and find a resolution to the current political upheaval – though it claims it has had limited success so far.

However, the MDP’s stance has led to a stalemate in the reform process with the Progressive Party of the Maldives (PPM) and the Dhivehi Rayyithunge Party (DRP) withdrawing from all party roadmap talks due to its blocking of parliament.

Disruptive elements

Criticising the MDP’s ongoing attempts to block parliament, Dr Waheed’s spokesperson Abbas Adil Riza said that the Majlis operated as a separate entity from the president and therefore calls to hold fresh elections were not related to allowing parliament to function.

Riza added that the government was therefore calling on former President Nasheed to “stop advocating violence” particularly among young people, in regards to blocking the Majlis and opposing the government.

“More than 200 youths currently face charges for torching public buildings since February 8,” he added.

Though Riza said that the public would be free to gather on some of the capital’s roads to protest, he added that inside the parliament chamber, it was for the Speaker of the Majlis, Abdulla Shahid, and not the government to ensure parliament functioned correctly.

The presidential spokesperson added that just as under the government of Mohamed Nasheed, the speaker had control of 60 Majlis guards that had the power to remove disruptive elements from the parliamentary floor.

The live feed continues here.

13:34 – One female protester seems to have fainted , while another has been badly affected by gas. “Milk has been put all over her to treat it,” reports Daniel Bosley from between the police lines on Sosun Magu.