JJ Robinson – Page 2 – Minivan News

Yameen inaugurated as President

Additional reporting by Zaheena Rasheed

Abdulla Yameen has been inaugurated the sixth President of the Maldives at a People’s Majlis Sitting today, bringing to a close months of political uncertainty over delayed, annulled and obstructed presidential polls.

Chief Justice Ahmed Faiz administered the presidential oath in the presence of People’s Majlis Speaker Abdulla Shahid during a red carpet ceremony held at 1:00 pm at Dharubaaruge.

After Yameen took the oath of office, the army fired a 21-gun salute. The ceremony was attended by Former Presidents Maumoon Abdul Gayoom and Mohamed Nasheed who sat side by side, Members of Parliament, judges, high ranking police and military officers, foreign ambassadors and state dignitaries.

Addressing the nation, Yameen said the Maldives was in an economically vulnerable position due to sky high debt, extremely high budget spending and pledged to reduce state expenditure.

“Today the Maldives is in a deep economic pit, in an economically vulnerable position. State debt is sky high. The state budget’s expenses are extremely high. Hence, we have to prioritize reducing state expenditure. I will start work very soon to reduce state budget expenditure,” he said.

He vowed to increase revenue for fishermen and farmers, expand job opportunities for youth, improve social protection mechanisms, eradicate drug abuse, provide the opportunity for women to work from home, increase the role of youth and women in the public sector, and strengthen the education system with a particular emphasis on good behavior and respect for Islam.

Claiming his government will be “one of results,” Yameen said he would protect the country’s assets including the airport – the “the main economic door of the country.”

Yameen’s administration will “uphold Maldives’ honor with international organizations,” strengthen relationships with neighboring countries and Arab Muslim countries, he said.

He appealed to the People’s Majlis, state institutions, NGOs and industrial workers to help him realize his vision for the Maldives.

“I take over the presidency of the Maldives today with a vision of tomorrow and new dreams, heralding new thoughts, giving new hopes to the people,” he added.

Yameen, the half-brother of former President Maumoon Abdul Gayoom who ruled the Maldives for 30 years, narrowly won yesterday’s run-off vote against President Mohamed Nasheed with 51.39 percent of the vote.

Yameen received 29.72 percent (61,278 votes) in the first round on November 9, compared to Nasheed’s 46.93 percent of votes (96,764).

However by refusing to sign the voter lists for the run-off scheduled for November 10 – a position backed by a Supreme Court ruling hours before polls opened – he gained time necessary to convince third-placed candidate Gasim Ibrahim to support him.

The resort tycoon initially remained neutral, briefly flirted with Nasheed’s Maldivian Democratic Party (MDP), but finally on Wednesday urged his 48,131 first round supporters to back the PPM, awarding Yameen a narrow coalition victory over the MDP.

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 – suggesting the coalition was also successful in persuading many recalcitrant voters to head to the polls.

Following his win, Yameen said he would draw half the Presidential salary and would prefer to live in his own home in Male, security permitting.

“God willing, just the way I have promised, I will not say no to the pledges I made. So my salary will start, just as I’ve said, from half the salary,” Yameen declared.

He speculated that it would take two years to return the country to a surplus.

Regarding his pledge to reduce the number of political appointees, he noted that “we still plan to reduce political posts. But along with that, when we have so many parties with us, we will try to do whatever we can to make sure they participate. But even with that, our main plan has not changed,” he said.

The Indian government extended “hearty congratulations” to President Yameen “and the people of Maldives for the successful conclusion of the Presidential elections process in a peaceful manner.”

“The high voter turn-out in every round of Presidential elections is indicative of the strong desire and determination of the people of Maldives to participate wholeheartedly in the process of choosing their President,” read a statement.

“We welcome the acceptance of the verdict of the people of Maldives by all sides and commitment expressed to take the country forward on the path of stability, progress and development.”

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Abdulla Yameen wins Maldives 2013 presidential election with 51.39 percent of the vote

Additional reporting by Ahmed Naish and Zaheena Rasheed

Provisional results from the Elections Commission (EC) show Maldivians have voted to return to power the family of the Maldives’ former 30 year autocracy, giving a democratic mandate to Progressive Party of the Maldives (PPM) candidate Abdulla Yameen.

Yameen, the brother of former autocratic President Maumoon Gayoom who ruled the Maldives for 30 years before being ousted in 2008 by Mohamed Nasheed in the country’s first multi-party elections, received 51.39 percent of the vote (111,203). Nasheed polled 48.61 percent (105,181) – a difference of just 6022 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.

The election was hailed by Transparency Maldives as “credible, transparent and extremely well-administered, as were the two previous rounds.”

“While election day administration has been excellent, we believe that the real electoral issues are those of lack of political financing transparency, failure of the state to hold to account parties and individuals in violation of electoral offenses, the loopholes in the legal framework which paves way for abuse, all of which ultimately reduces trust and confidence in the electoral system,” Transparency stated.

Yameen’s election brings to an end a chapter of controversy and uncertainty over the government’s democratic legitimacy, following the ousting of Nasheed in February 2012 amid a police mutiny.

Speaking at a the PPM’s victory rally, President-elect Abdulla Yameen praised the coalition politicians as “exemplary leaders.”

Yameen said he “will never forget” that the majority voted for the PPM candidate based on the trust they had for coalition leaders.

“We worked together to save the Maldivian nation, to protect the sacred religion of Islam,” he said.

The PPM’s success was “a victory God granted for our religion and a great blessing for our beloved nation,” he added.

He also thanked his half brother, former President Maumoon Abdul Gayoom, for his “hard work during our campaign,” which he said was “harder than the work he did in 2008.”

Yameen said he did not doubt that former President Mohamed Nasheed and the MDP would provide “cooperation in the Majlis” and work together with the new government.

The president-elect said it was “time for the political turmoil in the country to come to an end,” appealing for rival parties to “put aside political differences to work for the nation.”

Instead of “confronting political leaders, we will confront the big challenges facing our country,” he said. The government would be ready to sit down at the table with the MDP, he added.

“The most important thing we must do is thank Allah,” said Gayoom, speaking at the party’s victory celebration this evening. “He has given us victory. He has given his religion victory.”

Gayoom thanked the citizens of the Maldives, praised the smooth election, and congratulated Yameen and his running mate, Dr Mohamed Jameel.

He also thanked the political parties who worked with the PPM: “The biggest secret behind us winning this election is that Gasim Ibrahim joined us,” he said.

The key to Yameen’s victory indeed appears to have been the public endorsement of third-placed candidate, resort tycoon Gasim Ibrahim, who initially remained neutral but later urged his 48,131 first round supporters to back the PPM – the vast majority of whom did as instructed.

In the first round Yameen polled 29.72 percent (61,278 votes), while Nasheed received 46.93 percent of votes (96,764). The run-off had been scheduled the following day for November 10, however Yameen declined to sign the voter lists and hours before the polls were due to open the Supreme Court ordered the poll delayed to the 16th.

In the intervening days, Yameen and former President Gayoom appealed to Gasim, promising him 33 percent of the government were he to endorse the PPM. On Wednesday the JP’s council voted with a comfortable majority to back the PPM.

The political rhetoric in the final week took a strong Islamic flavour, with Gasim and the PPM campaigning heavily against Nasheed’s religious credentials. Nasheed responded to the anti-campaigning: “I assure you, God willing, there will not be any room for another religion in this country as long as we draw breath,” he said, during the MDP’s final rally in Male on Friday night.

Yameen, who earlier in the day had complained about the integrity of the ballot papers’ security features, took and maintained a two percent lead throughout much of the counting, consistently gaining most of the JP’s support base at the majority of ballot boxes.

At a press conference held at Male City Hall Nasheed conceded defeat but noted the narrow margin.

“We have half the country behind us. And therefore I wouldn’t see many challenges for us to face the next local council elections and the parliamentary elections. So we should be doing that. One thing we should not contemplate would be to overthrow the government by street action or by direct action. We must adhere to democratic principles,” he stated.

“It is early for us to analyse the results and exactly pinpoint where we’ve lost but what is very clear is that we have lost by a very small margin. That is an indication of the outlook of the country. On the one hand, you have half the country who wants to progress in the light that we see the country and there is another half of the country who wants to remain as PPM sees the country. In my view, democracy is a process. And it is going to take time before we are able to proceed as a normal democratic country. Also in my view, it is our responsibility as an opposition party to make sure that democracy survives,” stated Nasheed.

Asked by reporters if he feared for his safety, he said: “I will go wherever I have to go.”

“We have repeatedly said, when you fall get up and run. When you lose, be courageous and in victory, be magnanimous,” he added.

Asked about his political future, the former President noted: “I am just 46.”

Troubled months of polls

Despite repeated delays, annulments and police obstruction of multiple polls – today’s vote was the sixth attempt organised by the Elections Commission in just two months – the MDP failed to build sufficiently on its apparent core support base of 95,000-100,000 people to defeat the combined last-minute Gasim-Yameen coalition.

The MDP obtained just under 100,000 votes in November 9 revote and the Supreme Court-annulled September 7 poll, falling short of the 50 percent needed to avert a run-off. The first annulled vote, which also saw Gasim placed third, was annulled after he complained of irregularities to the Supreme Court.

The run-off scheduled for September 28 was put on hold by an indefinite injunction from the Supreme Court, and ultimately annulled in a controversial 4:3 decision by the Supreme Court bench. The eventual revote on October 19 was obstructed by police, after Yameen and Gasim refused to sign the voter registry – one of the Supreme Court’s new requirements, effectively giving candidates power to veto polls.

The MDP’s “costed and budgeted” campaign focused on social welfare issues such as state-provided healthcare, housing, entertainment and youth, as well as economic diversity and increasing agriculture to reduce dependency on food imports.

Yameen campaigned heavily on a platform of law and order, calling for enhanced police powers, implementation of Sharia and the execution of the death penalty.

The party pledged harsher prison sentences for crimes such as ‘obstruction of police duty’, and promised short turnarounds on criminal investigations, the installation of mass surveillance mechanisms and state-of-the-art forensic facilities. The party also accused the MDP’s youth policy, dubbed ‘Entertainment without Fear’, of targeting the country’s drug addicts and prison population.

Yameen also pledged to pursue oil exploration and encourage foreign investment in its extraction.

The PPM further targeted young voters, promising both the creation of desirable jobs, and the transformation of Hulhumale into a “Youth City” with apartments for young people otherwise unable to start married life due to a lack of housing options in the congested capital city of Male. He pledged to build a bridge connecting the island to Male, and introduce 90,000 new jobs for young people across the Maldives by the end of his five year term.

Yameen also pledged to halve the presidential salary, increase civil servant salaries and slash the wages of political appointees by 30-50 percent should he be elected, as well as cut the salaries of independent institutions – which include the Human Rights Commission of the Maldives (HRCM) and the Police Integrity Commission (PIC) – a step he has described as pivotal for the country to avoid a sovereign default.

Yameen’s running mate and incoming Vice President is Dr Mohamed Jameel, former Justice Minister under Gayoom and Home Minister during Waheed’s tenure. The new President is expected to be sworn in by parliament tomorrow morning following the Election Commission’s announcement of the official results.

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EU warns of “appropriate measures” should November 16 election be subverted

The European Union has said it is prepared to consider “appropriate measures” should Saturday’s run-off election be subverted, and the country fall into authoritarianism.

“The EU underlines that neither continuing uncertainty nor a drift towards autocratic rule would be acceptable to the EU and that it is therefore ready to consider appropriate measures should the poll on 16 November not bring the electoral process to a successful conclusion,” declared EU High Representative Catherine Ashton.

“The EU notes that, on 9 November, Maldivians voted in high numbers in the repeated first round of Presidential elections, reflecting their desire to exercise their democratic rights and their trust in the Elections Commission. As in September, the first round was conducted in a professional and impartial way,” Ashton stated.

“The EU notes that a second round is now scheduled for Saturday 16 November, but in circumstances not foreseen in the Constitution. The EU considers that any attempt to further delay or otherwise influence the outcome of the elections could only be intended to prevent the people of the Maldives from exercising their democratic right to choose their next president,” she declared.

The statement did not outline what such “appropriate measures” might entail.

The EU last week was reported to have declined to extend the duty-free status of imported fish from the Maldives, following the country’s failure to comply with international conventions concerning freedom of religion and treatment on women. However Minivan News understands that the timing was coincidental.

“It is true that the Maldives applied to be granted the status of beneficiary of the EU preferential trade arrangements for sustainable development and good governance (GSP+). However, the application is still under review by the EU with a decision to be expected by the end of 2013. It is premature to anticipate on whether the Maldives will receive the GSP+ status or not,” EU trade spokesman John Clancy told Minivan News.

The Asian Centre for Human Rights (ACHR) has meanwhile recommended the international community impose travel and other restrictions against President Mohamed Waheed, Police Commissioner Abdulla Riyaz and Supreme Court Justices Ahmed Abdulla Didi, Abdulla Saeed, Adam Mohamed Abdulla and Ali Hameed Mohamed.

“The time has come to ensure that all those who subvert democracy and the rule of law are held accountable by denying visas as well as any association including employment opportunities by the United Nations and other inter‐governmental organisations,” stated the regional NGO, which has special consultative status with the UN’s Economic and Social Council (ECOSOC).

The Commonwealth Ministerial Action Group (CMAG), the international body’s human rights and democracy arm, has meanwhile placed the Maldives on its agenda.

President Mohamed Waheed, who departs tonight on an official trip after drawing MVR 525,000 (US$34,000) from the state treasury two days before the election, said he was “unconcerned”.

“Let CMAG decide whatever they will,” Waheed said.

The EU has long been the Maldives’ most lucrative tourism market in terms of bed nights and expenditure. Arrivals from China have eclipsed those of any one European country, however countries such as the UK, France, Germany and Italy remain core markets due to longer average stays and higher expenditure than many Chinese guests.

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Maldives re-elected unopposed to UN Human Rights Council

The Maldives has been elected unopposed to the UN Human Rights Council for a second term, despite controversy over the legitimacy of the government.

“The Maldives believes that increasing the human rights resilience of the new and emerging democracies should be a priority for the Council and the entire UN system. The Maldives, being an emerging democracy itself, is ideally placed to contribute to the Council’s efforts in helping human rights promotion in such countries,” read a statement from the Maldivian Foreign Ministry.

President Mohamed Waheed announced that he was extending his term in office past the November 11, half an hour before it was due to expire. The international community has expressed concern and alarm that this has left the Maldives in a constitutional void, including the US, UK, Canada and the Commonwealth, which today placed the country on the agenda of its human rights and democracy arm.

The Foreign Ministry meanwhile said the Maldives had “stood for the voiceless in the international society; for the issues that affect the very fundamental values of human rights yet, hardly get a mention in global human rights debate; and it stood for helping the vulnerable and emerging democracies to cultivate the values of human rights in their societies.”

The Maldives was elected unopposed with 164 votes, alongsi Vietnam and Saudi Arabia.

The Asian Centre for Human Rights (ACHR) stated yesterday that the country’s re-election to the council in the absence of having a democratically-elected government “is a mockery and sends an absolutely wrong message about the UN Human Rights Council. The credibility of the United Nations can only be restored through suspension of the membership of Maldives from the UN Human Rights Council like Libya in 2011.”

Former Foreign Minister Dr Ahmed Shaheed, currently UN Special Rapporteur on Iran who was integral to the Maldives’ first election to the council in 2010 with 185 votes – the highest ever – noted the “vastly reduced majority from 2010.”

“There was also competition that year. This year, there was no competition: only four countries stood for the
four vacant seats. So there really was no choice for the General Assembly but to vote for Maldives,” Dr Shaheed told Minivan News.

“Given that fact that an MDP government is likely to be voted in next week, the Council Members will then have in Maldives a very pro-human rights partner, certainly in terms of the debates and votes in the Human Rights Council,” he noted.

“Finally, the Missions in Geneva and New York have been taking reasonably pro-human rights decisions, with the diplomats there using the void in the top in the Foreign Ministry to support pro-human rights decisions,” he said, congratulating the Maldives’ Ambassador to Geneva, Iruthisham Adam “for doing a remarkably good job in representing the flag, notwithstanding difficulties placed in her way by an autocratic
government.”

“But having said that, it is ironic that Maldives should now go back on the agenda of CMAG just as it got elected to the HRC,” he observed.

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Asian Centre for Human Rights calls for travel ban for those responsible for Maldives’ “judicial coup d’état”

The Asian Centre for Human Rights (ACHR) has recommended the international community impose travel and other restrictions against President Mohamed Waheed, Police Commissioner Abdulla Riyaz and Supreme Court Justices Ahmed Abdulla Didi, Abdulla Saeed, Adam Mohamed Abdulla and Ali Hameed Mohamed.

In a damning 12-page report on the current situation, ACHR declared that the Supreme Court should not have entertained the Jumhooree Party’s (JP) “frivolous petition” to delay the run-off polls after the November 9 re-vote, as the party had placed third and was not even contesting the poll the following day.

“There is no guarantee that the second round of election will be held on 16 November 2013. There are legitimate apprehensions that the ongoing election processes will be subject to further litigation before the Supreme Court is compliant to Gayoom’s forces. There are also legitimate fears that the elections slated for 16 November 2013 will not be free and fair as the Maldivian Police and pro‐Gayoom forces will resort to violence,” the ACHR warned.

Noting that strong calls by the international community for free and fair elections had had “very little impact” and been rebuffed by President Waheed, “the time has come for the international community including the United Nations, European Union, the Commonwealth and India to take decisive action to restore democracy in the Maldives,” ACHR stated.

The organisation in its report recommended:

President Mohamed Waheed should not be recognised as President of Maldives beyond 11 November 2013 and engagements with all the diplomatic missions of Maldives be downgraded until a legitimate and democratically elected President takes over in Male through the run‐off election slated for 16 November 2013;
Ensure that no new agreement including for bilateral and/or multilateral aid is signed with the Government of Maldives until a legitimate and democratically elected President takes over in Male through the run‐off election slated for 16 November 2013;
Ensure a travel ban through denial of visas to Mohammed Waheed and four judges of the Supreme Court of Maldives namely Justices Ahmed Abdulla Didi, Abdulla Saeed, Adam Mohamed Abdulla and Ali Hameed Mohamed and the Maldives Police Commissioner Abdulla Riyaz by any member State of the United Nations;
Ensure boycott of Mohammed Waheed; four judges of the Supreme Court of Maldives namely Ahmed Abdulla Didi, Abdulla Saeed, Adam Mohamed Abdulla and Ali Hameed Mohamed; and the Maldives Police Commissioner Abdulla Riyaz including through denial of employment or any invitation to any programmes organized or hosted by the United Nations and other inter‐governmental organisations;
Ensure that Maldives is suspended as a member of the Commonwealth in the CHOGM 2013 being held on 15‐17 November 2013 if elections are not held as scheduled on 16 November 2013.

The organisation noted that the Maldives was today coincidentally due to be re-elected unopposed to the UN Human Rights Council, despite having no legitimately-elected government.

“The re-election of Maldives as a member of the UN Human Rights Council at the UN General Assembly today despite having no legitimate government in Male is a mockery and sends an absolutely wrong message about the UN Human Rights Council. The credibility of the United Nations can only be restored through suspension of the membership of Maldives from the UN Human Rights Council like Libya in 2011.” said Suhas Chakma, ACHR Director.

Earlier today the US government said it was “deeply concerned” by President Mohamed Waheed’s “unprecedented decision” to remain in power past the mandate of his presidency, which expired on November 10.

“This action has endangered the Maldivian people’s right to elect a leader of their choice,” stated the US Embassy in Colombo.

Canadian Minister of Foreign Affairs Minister John Baird also slammed the Supreme Court’s “disappointing” decision to delay the run-off vote until after the expiry of the presidential term, which he said “undermines both the Maldives’ constitution and the people’s faith in elections.”

“The term of the current government has now expired without a newly elected government to replace it. This is the case despite two free and fair elections over the last two months,” Baird remarked.

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Waheed’s “unprecedented” decision to stay “has endangered the Maldivian people’s right to elect a leader of their choice”: US

The US government has said it is deeply concerned by President Mohamed Waheed’s “unprecedented decision” to remain in power past the mandate of his presidency, which expired on November 10.

“This action has endangered the Maldivian people’s right to elect a leader of their choice,” stated the US Embassy in Colombo.

“The democratic process must be supported by quickly concluding a free, fair, transparent and inclusive runoff election that results in the prompt inauguration of the new president. In the lead up to the November 16 second round vote, it is important to avoid violence and for the police and military to show restraint and respect the human rights of all Maldivian citizens,” the US Embassy stated.

Cabinet ministers revealed yesterday that Waheed had arrived at the President’s Office late on Sunday evening prepared to resign and hand over power to the Speaker of Parliament, as stipulated by Article 124 of the constitution, but claimed to have convinced him otherwise. His Vice President, Waheed Deen, had resigned that morning.

Minivan News understands that defence chiefs arrived at the President’s Office prior to Waheed’s address to the nation, initially scheduled for 10:30pm on Sunday. The address was delayed an hour, before Waheed appeared and said he would resign on November 16, the date scheduled for the delayed run-off vote.

“Many Maldivians, international organisations and countries are pressuring me to resign and temporarily hand over the government to the People’s Majlis Speaker. On the other hand, even more citizens want me to stay on, to continue with administration of the country, to carry out my duty,” Waheed claimed.

After making the statement, Waheed and his wife were escorted off Male to the presidential retreat of Aarah, as violent protests erupted in the capital.

Canadian Minister of Foreign Affairs Minister John Baird slammed the Supreme Court’s “disappointing” decision to delay the run-off vote until after the expiry of the presidential term, which he said “undermines both the Maldives’ constitution and the people’s faith in elections.”

Transparency Maldives echoed these concerns, stating it was “deeply concerned that the people of the Maldives have been denied the right to elect a President before the constitutional five-year term of the incumbent government expired on 11 November 2013.”

Transparency conducted the largest election observation with 400 observers across the country and at overseas polling booths, and praised the Elections Commission’s conduct of the revote on November 9 as peaceful, credible and “well-administered despite challenges.”

Terming the Maldive’s current situation a “constitutional crisis”, Transparency said it was “regrettable that political actors failed to find a democratically inclusive solution to the constitutional crisis that respects the spirit of the Constitution. The spirit of the Constitution reflects the basic democratic principle that state power must always lie with the people and their elected representatives.”

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Speaker advises state institutions that Waheed no longer in power

Additional reporting by Zaheena Rasheed

Speaker of Parliament Abdulla Shahid has sent a letter to President Dr Mohamed Waheed informing him that his term as president expired at midnight, and informing him that he was no longer in command of the country.

Waheed yesterday declared that he would remain in power until the run-off vote scheduled for November 16, before boarding a speedboat off Male with his wife as violent protests and a police crackdown began to shake the capital.

Parliament last week passed a resolution calling on the speaker to run an interim government until the election after the expiry of Waheed’s term. However the Supreme Court issued a verdict on the day of the re-vote, November 9, upholding its earlier edict that Waheed remain in power.

The speaker’s letter called Waheed’s attention to Article 107 of the constitution which limits the presidential term to five years, and Article 262 which says Article 107 can only be amended if three quarters of the Majlis approves of the change and if a majority of the public votes for it in a public referendum.

As there is no other way to extend presidential term, the speaker informed Waheed: “The presidential term which began on 11 November 2008 ended on 10 November 2013 and the term cannot be extended unless the procedures laid out in Article 262 are followed.”

Speaker Shahid also noted that the constitution mandated all three branches of the state, staff employed by the state, and all citizens to fully obey and act within the confines of the constitution.

Therefore, any act committed in violation of the constitution was illegal as per Article 268 of the constitution, the letter highlighted.

The Speaker also sent a similar letter to Chief Justice Ahmed Faiz, Chief of Defence Forces Major General Ahmed Shiyam, Elections Commission President Fuwad Thowfeek, Human Rights Commission of the Maldives President Mariyam Azra, Civil Service Commission President Dr Mohamed Latheef, Prosecutor General Ahmed Muizz, Auditor General Niyaz Ibrahim, and Anti corruption Commission President Hassan Luthfy.

The Commonwealth Secretary-General’s Special Envoy to the Maldives Sir Donald McKinnon has meanwhile expressed “dismay” at Waheed’s decision to remain in office “against the letter and spirit of the constitution.”

McKinnon had earlier called for an interim government, invoking Article 124 which concerns the succession of the speaker should the posts of president and vice president become vacant. Vice President Waheed Deen had already resigned earlier that morning.

“In the absence of a political agreement, the people must look to their Constitution for guidance and have confidence in their Constitution. Article 124 makes clear the spirit and intent of the Constitution for situations such as the one the country is currently facing,” McKinnon stated.

Waheed, who received just 5.13 percent in the annulled first round vote on September 7, and who had previously declared he had no intention of remaining in power “even a day after November 11”, said: “Many Maldivians, international organisations and countries are pressuring me to resign and temporarily hand over the government to the People’s Majlis Speaker. On the other hand, even more citizens want me to stay on, to continue with administration of the country, to carry out my duty.”

Sir McKinnon said today that Waheed’s decision was “regrettably, not unexpected despite best efforts of the Commonwealth and the United Nations to encourage the President to stay within the constitution.

“I understand people’s anguish, but calm must prevail in the interests of all Maldivians. I naturally hope that the second round of the election will go ahead on 16th November, as pledged by the President in his address to the nation.”

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President declares he will remain in power until November 16

President Mohamed Waheed has declared he will stay in power beyond the conclusion of his presidential term, but said he will resign on the day of the run-off, scheduled November 16.

Waheed was due to address the nation at 10:30pm – an hour and a half prior to the expiry of his term – however the announcement was delayed by 45 minutes. His Vice President Waheed Deen resigned this morning.

Minivan News observed large numbers of riot police assembling in Republic Square, prior to Waheed’s announcement tonight. Protests immediately erupted in Male as Special Operations Police clashed with demonstrators near Sosun Magu, with at least 600 people at time of press throwing rocks at riot police.

Waheed, who received just 5.13 percent in the annulled first round vote on September 7, had previously declared that he had no intention of remaining in power “even a day after November 11”.

“To the best of my ability, I attempted to hold a peaceful election in which all candidates and the citizenry’s rights are protected. This is because an election that is inclusive and acceptable to everyone is in the highest interest of this country,” Waheed said on Sunday night.

“The current presidential term will end at midnight tonight. Since the constitution does not state what must happen in this situation and since there is a fear of a constitutional void, and since this can be solved through a constitutional amendment, I asked the People’s Majlis to solve this issue. However, the best solution was not found and since the constitution does not state what must happen, the Supreme Court has decided the government will continue instead of going into a constitutional void. And they have ruled there is no other constitutional norm,” he declared.

“Today, as the head of state, my responsibility is to protect the country’s highest interests. Many Maldivians, international organisations and countries are pressuring me to resign and temporarily hand over the government to the People’s Majlis Speaker. On the other hand, even more citizens want me to stay on, to continue with administration of the country, to carry out my duty,” Waheed claimed.

“None of these decisions will be easy for me or the country. No matter what I do, the days to come will not be easy. Hence, upon discussions with many parties, and since I have worked in the past 21 months to hold a peaceful and smooth election, and since the Elections Commission has decided to hold the election on the 16th of this month, I will continue with the duties of the president until the end of the 16th day of this month.

“But I also inform you I will resign my post at the end of the 16th day. I have decided so after many relevant authorities gave me the certainty the election will be held on he 16th. I assure you, my citizens, that you are the closest to my heart and most loved people,” he said.

Images on social media appeared to show Waheed departing Male on a speedboat, flanked by security.

Speaker of parliament Abdulla Shahid tweeted following Waheed’s announcement: “A government is not legitimate unless it is carried on with the consent of the governed. As of 11 November 2013, we have no legitimate government.”

Senior and mid-ranking Maldives National Defence Force (MNDF) officers as recently as yesterday were appealing to their colleagues not to recognise the authority of the President and his cabinet after midnight November 10. Former head of military intelligence Brigadier General Ahmed Nilam was meanwhile summoned to police headquarters prior to Waheed’s announcement.

The Supreme Court on November 9 upheld its earlier ruling on October 7 stating that Waheed could remain in power past the conclusion of his term on November 11, dismissing a parliament resolution passed last week demanding the installment of the speaker after the expiry of the term.

Yameen refused to sign the voter lists needed under Supreme Court guidelines to hold today’s election, declaring that he would only be ready for a vote after November 13.

“I am certain that President Waheed will stay with the Maldivian people at this most difficult time we are facing. I have no doubt about that,” Yameen said following the revote on November 9.

His demand was followed by a stamped but unsigned ruling issued at 5:30am on Sunday morning by the Supreme Court two hours before polls were due to open, which declared that the run-off vote should be held on November 16 despite the Elections Commission and all candidates previously agreeing that it should be held on November 10.

Waheed’s decision to remain in power follows stern statements from the UN, Commonwealth and US expressing “deep concern” at the Supreme Court’s repeated interference in the election, and implied the need for an interim government following the conclusion of the presidential term.

The Commonwealth Secretary-General’s Special Envoy Sir Don McKinnon highlighted Article 124 of the constitution concerning the transfer of power to the Speaker of Parliament should a President resign or be otherwise incapacitated.

“Article 124 reflects the basic democratic principle that the state’s power must always lie with the people and their elected representatives. This is the fundamental underpinning of the Constitution. Elected representatives speak for the people. I therefore believe that Article 124 offers the most appropriate guidance to avoid constitutional uncertainty and sustain the support of the people,” McKinnon said.

The US Embassy in Colombo stated that “efforts by the Supreme Court to repeatedly and unduly interfere in the electoral process subverts Maldives’ democracy and takes decision-making out of the hands of the people. It is imperative that Maldives proceed to a runoff election with no further interference so that the democratic process can complete the transition to new leadership.”

Yameen is due to face Nasheed in the run-off now scheduled for Saturday November 16. Third-placed candidate Gasim Ibrahim declared he would not be supporting either candidate in the run-off, although his coalition partner the Adhaalath Party declared its support for Yameen.

Nasheed said on Sunday that if President Waheed continued in government he did not believe the president “or people aligned with him would want an election in the country. I think it is very clear that elections would go our way. If they do not intend to transfer power legally, then we do not see how they would want to have an election. So we don’t think there could be a conducive environment for elections. The Supreme Court will come out with another ruling upon the military or upon the police to definitely obstruct the elections. Come 1the 6th of November, we will be back to square one,” Nasheed said.

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Vice President resigns as threat of constitutional crisis looms

Vice President Waheed Deen has resigned from the government, stepping down from the post he assumed shortly after February 7 2012’s controversial transfer of power.

His resignation comes on final day of President Mohamed Waheed’s term, and has prompted speculation that President Mohamed Waheed may similarly step down.

While the Supreme Court yesterday dismissed a parliamentary resolution that would have installed the Speaker of Parliament and reiterated that President Waheed’s government would continue after November 11, Waheed himself has previously indicated his reluctance to remain in the post “even a day after November 11”.

Should Waheed step down leaving both offices vacant, Article 124(b) of the Constitution would automatically pass power to the Speaker.

124 (b)In the event of the permanent incapacity, resignation, removal or death of both the President or the Vice President, and both offices becoming vacant at the same time, leading to an incapacity to carry out the duties of the President, until such time as a President and a Vice President shall be elected, the duties of both offices shall temporarily be carried out, in order of priority, by the Speaker of the People’s Majlis, or by the Deputy Speaker of the People’s Majlis, or by a member of the People’s Majlis elected by a resolution of the People’s Majlis, until successors in office are chosen.

The prospect of impending constitutional limbo was triggered following yesterday’s election, after second-placed candidate Abdulla Yameen refused to sign the voter lists ahead of the run-off vote scheduled for today, and insisted that the election be held after November 13.

In a stamped but unsigned ruling issued at 5:30am this morning the Supreme Court declared that the revote should be held on November 16, despite the Elections Commission and all candidates previously agreeing that it should be held today.

Elections Commission (EC) Director General Mohamed Shakeel told Minivan News this morning that the ruling meant no polling stations were allowed to open, no materials could be transported, or any other preparations to be made.

“It states that all institutions in the Maldives are ordered not to provide assistance to the Elections Commission,” he continued. “So then the police won’t help.”

The EC said the delay would cost the state a further MVR 30 million (US$2 million).

The US Embassy in Colombo meanwhile issued a new statement this afternoon slamming the behaviour of the Supreme Court.

“Efforts by the Supreme Court to repeatedly and unduly interfere in the electoral process subverts Maldives’ democracy and takes decision-making out of the hands of the people. It is imperative that Maldives proceed to a runoff election with no further interference so that the democratic process can complete the transition to new leadership,” the US embassy said in a statement.

“We are deeply concerned about the Supreme Court’s ruling today against the holding of the scheduled second-round election on 10 November. Because of the Supreme Court’s intervention, the Maldivian presidential elections will not be completed before the current presidential mandate expires at midnight on November 10, 2013.

“In situations of uncertainty, the people must have confidence in their Constitution and look to it for guidance. We urge all three branches of the government and the political parties to respect the letter and the spirit of the Constitution and halt the constant reinterpretation of the legalities involved,” the statement said.

“The November 9 election has shown the commitment of the citizens of Maldives to the democratic process and the ability of the Election Commission to efficiently hold free, fair and credible elections that reflect the will of the people.”

Commonwealth Special Envoy Sir Don McKinnon has also issued a damning statement on the conduct of the Supreme Court, and called for consideration of Article 124 – tacitly backing an interim government under the Speaker.

“As in most countries, an interim government would not be expected in any interim period, such as from 11 November to the swearing in of a new elected President, to take any significant decision or new policy initiative,” he added.

No role for international community: Yameen

Yameen lashed out at international pressure for elections during a press conference last night.

“There is no role for the international community in holding an election in any country, is there? An election is a domestic matter, isn’t it? What international organisations, ambassadors or foreign governments can do is appeal. But they will appeal to hold the election as soon as possible in accordance with Maldivian law, and we want to hold the election in accordance with the law as well,” Yameen said.

He accused the Elections Commission of not being properly prepared.

“At least 12 hours should be given to campaign for the election, shouldn’t it? The law provides time more generously than that. So for these reasons I said on behalf of PPM that I support holding the second round on November 11.”

“The international community would want to expedite the election. That is because there should be a President as early as possible at the start of a new constitutional term. Having an elected president on November 11 is what we Maldivians want as well, not just foreign parties. They will press for that but there is no role for international parties in elections,” he insisted.

The PPM candidate – half brother of former autocratic President Maumoon Abdul Gayoom who ruled the Maldives for 30 years – claimed a constitutional amendment would be required for the Speaker to assume the presidency in the absence of a president-elect at the end of the presidential term.

“So even if it has been passed by Majlis, we don’t believe either then or now that it has any legal weight,” he said.

He said the Supreme Court has provided legitimacy for President Waheed to remain in office after the conclusion of his term, declaring that Waheed was willing to stay “to the extent that the public wants,” something which was noted “very clearly” at the meeting last week.

“Now the Supreme Court verdict has come the way President Waheed hoped for or wanted. So I am certain that President Waheed will stay with the Maldivian people at this most difficult time we are facing. I have no doubt about that,” Yameen said.

Deen’s phone was switched off at time of press.

Meanwhile third-placed candidate Gasim Ibrahim’s running mate, Hassan Saeed, a former Special Advisor to President Waheed, announced his retirement from politics to local media.

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