Author: JJ Robinson

CMAG expresses “concern at developments” in the Maldives following first round of polling

The Commonwealth’s human rights and democracy arm has “expressed concern at developments” in the Maldives following the first round of elections.

The Supreme Court last week suspended the run-off election indefinitely after the third-placed candidate with 24.07 percent, Gasim Ibrahim, demanded the vote be annulled alleging widespread electoral fraud and declared “God Willing, Gasim will be President on November 11″.

The party of second-placed candidate Abdulla Yameen – the Progressive Party of the Maldives (PPM) which attained 25.35 percent of the vote behind front-runner Mohamed Nasheed’s 45.45 percent – backed Gasim’s court case. Attorney General Azima Shukoor – formerly Yameen’s lawyer – also intervened against the Elections Commission (EC). A verdict is expected at the next hearing.

The Commonwealth Ministerial Action Group (CMAG) on Friday meanwhile noted that its election observation team had determined the September 7 polls were “a credible electoral process and met the standards for democratic elections to which Maldives has committed itself.”

“Ministers further noted that national and other international observers had concluded that the 7 September election was competently administered, and that the Maldivian people had been free to express their will through the ballot,” CMAG stated.

“In this context, CMAG Ministers expressed concern at developments since the declaration of results of the first round poll, with one unsuccessful party having filed a case with the Supreme Court to annul the first round of the election because of alleged electoral fraud, and the Supreme Court subsequently issuing an injunction to delay the second round of the election until a court ruling is delivered in that case,” the statement read.

“Noting that, under the Constitution of Maldives, a new President is required to be sworn in by 11 November 2013, CMAG Ministers urged all those concerned to ensure that the second round of the election is held at the earliest possible date so that this constitutional requirement is met,” the statement added.

Following CMAG’s meeting in New York on Friday, Canadian Foreign Minister John Baird joined Maldivian pro-democracy demonstrators outside the Australian consulate.

Following the Supreme Court’s indefinite suspension of the election last week, Baird in a statement had warned the delay was “troublesome and can only lead to more instability”, and pushed for the Maldives to be put on CMAG’s formal agenda.

Canadian Foreign Minister John Baird with Maldivian demonstrators

Government responds

The Maldivian Foreign Ministry meanwhile put out a statement noting “media speculation” that the Maldives could be placed on the group’s agenda.

“The current political situation in the Maldives is one in which the Government is upholding constitutional supremacy, and the rule of law. Therefore, questions about placing the Maldives on the formal agenda of the CMAG are nothing more than speculations and have no basis,” the statement read.

Acting Minister of Foreign Affairs Dr Mariyam Shakeela represented the Maldives at the CMAG meeting, “and advocated on the need for reforming the Group in order to make the body a more effective and credible one that can help, not hamper, democracy consolidation in the Commonwealth member countries,” the statement read.

“The Minister also highlighted on the need for the CMAG to take matters in proper context, and not to over-react on delicate situations in member countries,” it added.

Following the meeting, Minister Shakeela “expressed pleasure about the deliberations and noted that as a member of the CMAG, the Maldives believes that the Group’s credibility can only be maintained if careful, considered, and impartial decisions are made on critical issues of importance relating to members of the Commonwealth.”

Deputy Leader of Gasim’s Jumhooree Party, Dr Ibrahim Didi, was meanwhile quoted in Sun Online as calling on CMAG not to “enslave or threaten” the Maldives.

“We are ready to leave the Commonwealth if necessary,” Sun reported Didi as saying.

“Some Maldivians think we will starve if we leave the Commonwealth. But this won’t happen. Some people think it is a big organisation and that if they cut assistance we will starve. The Commonwealth have only given us a few diploma courses,” he stated.

Indian High Commissioner summoned

The Maldivian government has also summoned Indian High Commissioner Rajeev Shahare to express what Sun Online reported was “discontent” over the High Commissioner’s meeting with Elections Commissioner (EC) Fuwad Thowfeek on Friday.

Shahare met with Thowfeek at the EC shortly before the building was surround by police, carrying orders to take over the building and ballot papers should EC staff continue with preparations for holding Saturday’s scheduled election.

Sun reported a Foreign Ministry official as stating that Shahare met with officials at 7:00pm on Friday.

“We had a meeting with the Indian High Commissioner [Friday] night, but we cannot reveal details of the meeting,” Sun quoted the official as saying.

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Protesters pepper-sprayed while calling for run-off elections to be held as scheduled

Additional reporting by Mariyath Mohamed, Daniel Bosley, Neil Merrett

The Maldivian Democratic Party (MDP) conducted a march around Male’ at 4:00pm after Friday prayers, eventually clashing with police lines at the Salsa Royal intersection on the road to the Supreme Court.

The large column of thousands of demonstrators, including the party’s presidential candidate Mohamed Nasheed and several pick-up trucks with loudspeakers playing party songs, halted at the intersection, waving flags and holding up banners cut to resemble white underpants – a reference to Supreme Court Judge Ali Hameed’s recently leaked sex videos – which has become a motif of the current rallies.

Protesters pushed against the line of police shields and were pepper-sprayed, with those affected – including women – using milk to try and reduce the stinging. Minivan News observed several water bottles thrown into police lines, which bounced off shields and helmets. A video of the protest showed one of the pick-up trucks trying to nudge through police lines.

Several protesters were arrested, including Dhivehi Rayithunge Party (DRP) MP Mohamed ‘Colonel’ Nasheed’, while a Haveeru reporter was taken into custody and released after four hours.

Police were deployed in riot gear and included Special Operations officers. Maldives National Defence Force (MNDF) officers were stationed further up the street towards the Supreme Court, while all roads leading to the area were blocked to traffic and pedestrians.

Standing on the back of a pickup truck, MDP MP Imthiyaz Fahmy yelled to the police: “We are rallying to ascertain we, the people, get our constitutional right to vote”.

“Your commissioner Riyaz is unconstitutionally appointed, and all orders from him are unconstitutional. You are not mandated to follow them. Listen to the voice of the people. Let us vote.”

MDP MP Ali Azim yelled: “When we first called for elections, baghees (traitors) said we have a constitution and we would get elections on the date mandated in them. What now? Here’s the mandated date. Where’s our elections?”

“Waheed, Yameen or Gasim, if you have the courage come confront us in an election, we will easily beat you with votes. The truth is you brought a coup d’etat and don’t have the guts to face its consequences,” Azim declared.

“How long can you sit on it and hold off elections? Have it today, tomorrow or in a month, and we will still win. Look at what Waheed got. A measly five percent. A world record for an incumbent president. Five percent is not representative of the state. He should be ashamed to speak on behalf of the people.”

“Please don’t push this country backwards. Give us the rights we are entitled to,” Azim said.

One protester, 25 year-old Ganim Naeem, told Minivan News: “I am not scared. They’ve pepper-sprayed me once today. They can hurt me, but I’m not going home before they agree to let us vote tomorrow.”

A police spokesperson confirmed arrests had been made but was unable to confirm the number or whether pepper spray had been used. One officer was injured, he said.

Seven hours into the protest at 11:00pm approximately 600 protesters remained in the intersection, with many in the front line carrying mirrors they held up to the police officers.

“The Elections Commission has been twisted into calling off the vote by sheer force. The MDP leadership will reconvene and decide what to do. The current protests were not planned – we went on a peaceful march,” said MDP Spokesperson Hamid Abdul Ghafoor.

Around 10:30pm two vans were set ablaze near the Alimas carnival area in Male, which was swiftly brought under control by MNDF firefighters.

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Elections Commission declares unable to conduct “free and fair vote” on Sept 28, as police surround building

Additional reporting by Leah Malone, Mohamed Naahii and Zaheena Rasheed

Special Operations Police have surrounded the Elections Commission (EC) secretariat with orders from Police Commissioner Abdulla Riyaz to take over the building and ballot papers should it proceed with holding an election on Saturday.

The Commissioner’s order follows the EC’s insistence yesterday that it was constitutionally mandated to hold the run-off within 21 days of the first round, in spite of an order from the Supreme Court to suspend the election indefinitely.

Elections Commission Fuwad Thowfeek told Minivan News “We will not be able to hold elections without support from the police. The police will stop any election preparation activity.”

Thowfeek said the EC members had been met by two officers “to get our assurance the preparation activities have been stopped.”

At time of press police had cordoned off the area around the Elections Commission and ordered journalists at the scene to leave the area. An EC official told Minivan News on condition of anonymity that EC staff were not being allowed to enter the building.

Following the EC’s meeting this afternoon prior to the arrival of police, during which it met with Commonwealth election observers and Indian High Commissioner Rajeev Shahare, EC staff issued a brief statement to the media.

“The Supreme Court has ordered security services to prevent any effort to hold the election tomorrow,” the EC statement read.

“It is the responsibility of this commission to conduct, manage and facilitate all elections and public referendums and ensure that all elections and public referendums are conducted freely and fairly, without intimidation, aggression, undue influence or corruption and ensure that citizens are able to fully exercise the right to vote.

“The commission does not believe that such an atmosphere presently exists in the Maldives,” the statement read.

It concluded by stating that the EC will announce a date for the second round run-off.

After the building was barricaded by police, Elections Commission President Thowfeek and EC members issued a longer statement:

As article 111(a) of the constitution of the Republic of the Maldives states that if no candidate receives over 50 percent of the vote, a run-off election must be held within twenty one days after the first election, this commission announced on September 14, 2013 that the second round of the 2013 presidential election shall be held on September 28, 2013 and made all preparations necessary to hold the election on that date.

However, of the state institutions whose assistance the Elections Commission requires to hold the election, the Ministry of Education took restrictive measures and said it would not provide premises to place ballot boxes and release employees who work as election officials, the Ministry of Home Affairs said it would not offer cooperation and threatened to arrest commission members, and the Ministry of Finance Treasury said it would not release funds and imposed restrictive measures. Further, the Maldives Police Service said it would not cooperate and ceased providing security requested by the commission for the second round of the election. And Assistant Commissioner of Police Hassan Habeeb called the chair of the Elections Commission on the night of September 26, 2013 and warned that [police] would not allow the election to take place.

Furthermore, we note with regret that some political parties have threatened to set ballot boxes on fire and death threats have been made against Elections Commission members, staff, and officials involved in the voting process. The commission believes that as a result, numerous irreparable damages will be caused to the general public, the Elections Commission and the state.

The Supreme Court order 06/SC-SJ/2013 (September 26, 2013) instructed and ordered the security forces of the Maldives under article 237 of the constitution to immediately put a stop to any preparations by the Election Commission for voting in the second round of the presidential election held on September 7, 2013. And police have now closed the Elections Commission office to deny entry to members, staff and any outside parties.

As article 170(a) of the constitution which states the responsibilities and powers of the Elections Commission stipulates that it is the legal responsibility of this commission to ensure the proper exercise of the right to vote and that all elections and public referendums are conducted freely and fairly, without intimidation, aggression, undue influence or corruption, and since the commission does not believe such an atmosphere presently exists in the Maldives, we announce that voting in the second round of the presidential election scheduled for September 28, 2013 has been postponed.

Thowfeek meanwhile appeared on Raajje TV and stated that the commission members have been ordered to cancel all meetings with foreign delegates. Minivan News understands that this was being negotiated at time of press.

A Minivan News journalist inside the Elections Commission building said that as of 10:30pm the police outside had not entered the Elections Commission, apart from EC bodyguards and the officers negotiating with EC members.

MDP Chairperson Moosa Manik in statement expressed concern over the security of the Election Commission’s database should police be allowed access to the Commission’s premises.

Minivan News understands that as of midnight, ballot papers remained in the custody of elections officials.

Thowfeek left the Elections Commission shortly after midnight. He told Minivan News: “I feel disappointed after working so hard, to have to drop the second round. It is a big loss to the country.”

“We just have to wait for the Supreme Court response. We don’t know what their verdict will be. From Sunday, we will release all the temporary staff and we will rehire when we know when the run-off will take place,” he said.

Police order

The police order issued by Police Commissioner Abdulla Riyaz specifically instructs police to:

  • Stop anyone who disobeys Supreme Court order 2013/SC-VA-J/02 and tries to proceed with voting on 28 September 2013”
  • oversee security of ballot boxes for the 2013 presidential election at their designated locations, and stop anyone from transporting these materials [in an] attempt to start voting
  • take over the main elections commission, ballot papers if the [EC] decides to or attempts to hold the second round of presidential election on 28 September 2013, and oversee the security of polling booths and control the access to [polling stations] and ensure materials cannot be transported elsewhere for voting
  • As soon as this order is released, the head of the police officers deployed to the islands to oversee security of voting, must meet with the elections commission’s focal point and present Supreme Court’s 2013 SC-VA-J/02 and 2013/SC-SJ?06, and inform them it is against the law to proceed with a second round of polling on 28 September 2013, and advise them not to do so, and inform them the police will stop them if they attempt to do so
  • Inform the police commissioner immediately if a member of the Elections Commission has been detained for disobeying Supreme Court order 2013/SC-VA-J/02

The orders also apply to resorts and industrial islands, request police to “respect the human rights” of those detained, and use “minimal force” in detaining those who disobey the Supreme Court’s order.

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MDP holds rally, EC meets to discuss election, PPM vows “there will be no voting tomorrow”

The Maldivian Democratic Party (MDP) is holding a rally this afternoon in Male’ in a bid to galvanise supporters ahead of tomorrow’s constitutionally-scheduled yet judicially-contested run-off vote.

Whether that vote will happen appears in jeopardy after a tense stand-off last night between the Elections Commission – which said it intends to abide by the constitutional deadline for the poll – and the Supreme Court, which opened at midnight and ordered the police and military to forcibly halt all election preparations.

The Supreme Court order quotes Article 145 of the constitution giving it final authority on interpretation of the constitution, the law, “or any other matter dealt with by a court of law”, and Article 20, which orders the presidency, parliament, independent institutions, and security forces to obey Supreme Court decisions.

“Since it is stated clearly, it is illegal to disobey or challenge a Supreme Court order within the jurisdiction of the Maldives,” reads the order.

It calls for security forces to implement its order on Monday night (September 23) indefinitely suspending elections, and cites article 237 of the Constitution concerning the authority of the security services to “protect the nation’s sovereignty, maintain its territorial integrity defend the constitution and democratic institutions, maintain and enforce law and order, and render assistance in emergencies.”

The same article was cited by the Nasheed government ahead of its fateful arrest in early 2012 of Chief Judge of the Criminal Court, Abdulla Mohamed, that led to the party’s ousting from power on February 7, 2012 at the hands of mutinying police and military forces upset over what they claimed were “unconstitutional orders”.

The order followed Elections Commissioner (EC) President Fuwad Thowfeek’s declaration yesterday that the EC was preparing to hold elections as mandated by Article 111 of the constitution, requiring a run-off vote a maximum of 21 days after the first round.

Conflicting reports in the local press suggested the election had been cancelled, was continuing, that preparations were underway, or had stalled.

EC President Thowfeek told Minivan News on Friday morning that the Commission was meeting at 4:00pm today, and would be able to speak afterwards.

Progressive Party of the Maldives (PPM) vice presidential candidate and former Justice Minister under President Gayoom’s 30 year administration, Dr Mohamed Jameel, told Minivan News on Friday: “There will be no voting tomorrow”.

“There will be no voting tomorrow. It’s Nasheed’s madness that is going on, as he knows he cannot win an election free and fair,” Dr Jameel claimed, alleging that “[Nasheed] and the EC have colluded to rig the vote in the first round and that’s the reason why he now insists for voting without amending wrongs and fraud committed during the first round. There will be no voting tomorrow.”

The MDP meanwhile reportedly met this morning with international election observers present in the country, who unanimously praised the conduct and credibility of the first round round of polls.

Following the Supreme Court injunction last week the Maldives received strong support last from the UN, UK, US, EU, UN, Commonwealth, India, Australia and Canada for polls to go ahead as scheduled.

MDP Spokesperson MP Hamid Abdul Ghafoor told Minivan News the party would protest from 4:00-6:00pm today, in line with election regulation prohibiting campaigning after 6:30pm prior to an election day.

“This is daylight robbery of people’s right to vote. I am still wondering if this is really happening,” Ghafoor said. “Without polls we’re not sure what will happen – it will be anybody’s guess. The Supreme Court will have called off the constitution and we will be in a constitutional vacuum. It will be another coup. The situation will be up for grabs – it will be the Wild West.”

“This is the time for the international community to intervene. The Maldives was a model transition to democracy, and we have bent over backwards to ensure a peaceful transfer. However the past leadership has now opening come out and contravened the constitution,” he said.

“The judges on the Supreme Court bench belong to Gayoom- this is obvious. They are remnants of the dictatorship. They took over the Judicial Services Commission (judicial watchdog), and brought all the old judges into the new judiciary under the 2008 constitution,” Ghafoor said.

He noted MDP’s new parliament majority, and parliament’s resolution last week calling for elections to take place as scheduled.

Should the Maldives fail to hold an election,”It will represent a big failure globally. We are a precursor to the Arab Spring. We had a perfect and unprecedented peaceful transition in 2008. That should be enough justification for the world to put its foot down.”

Nasheed had promised peaceful protests, he said, adding that the party did not expect a repeat of the February 8 police crackdown that hospitalised dozens of demonstrators.

“We have already crossed most barriers. This is the edge. This is a coup and the bottom line has now gone right up to the judiciary,” Ghafoor said.

“We have reason to have faith in the international community,” he said, stating that the party appreciated India’s position on the election: “they have hit the nail on the head.”

Responding on Wednesday to the Supreme Court’s indefinite suspension of the election, India’s Minister of External Affairs Salman Khurshid said India was “deeply disappointed and distressed that this should have happened.”

“Our understanding of the democratic system is that even if there are imperfections in the election system, those imperfections need to be addressed in a manner which is not destructive of the very process of elections,” Khurshid stated.

“It won’t be fair of me to comment on a court judgement, it is an interim judgement. I don’t want to comment on the contents of the judgement but certainly on the implications of the interference with an election. There is a window of time available because they have a November date by which a President has to be installed and I would urge all countries that care for democracy and who have a special cause of Maldives at heart, I would urge them all to use their good offices to ensure that democracy is preserved.

“If this is being done in the name of democracy, it is unfortunate. I think this is something that undermines democracy,” Khurshid stated.

“I would certainly hope and expect that better wisdom will prevail in this matter.”

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Transparency slams parliament, JSC for failure to address challenges to Supreme Court’s integrity

The failure of parliament and the Judicial Service Commission (JSC) to address alleged integrity issues of the Supreme Court judges have “created avenues for political and other actors to question the conduct, injunctions and verdicts of the Supreme Court”, Transparency Maldives has said.

Transparency fielded a team of 400 election monitors during the first round of September 7, stating that the process was fair and credible and that incidents observed on the day would not have had a material impact on the outcome of the election.

The Supreme Court on Monday evening, however, issued an indefinite injunction halting the second round of the presidential election, which had been scheduled for September 28.

The case was filed by the Jumhooree Party (JP), whose presidential candidate Gasim Ibrahim narrowly missed a place in the run-off with 24.07 percent of the votes.

Prior to his registration as a presidential candidate Gasim was a member of the JSC, and was responsible for rejecting a recommendation from the JSC’s own subcommittee recommending that Supreme Court Justice Ali Hameed be suspended pending an investigation into his leaked sex tapes.

The sex tapes and suspension of the election have resulted in escalating protests targeting the courts, with large pairs of white underpants quickly becoming widely adopted as a protest symbol.

“Expeditious resolution of such allegations and issues is imperative to ease rising tensions in the election environment and prevent the derailment of democratic processes,” said Transparency Maldives in its statement.

“Relevant state institutions, including the Judicial Service Commission and the Parliament of the Maldives must expedite the resolution of these issues and allegations, in a transparent manner free of conflict of interest, to reduce questioning of and allegations of partisan bias in such processes.”

The JSC is headed by Supreme Court Justice Adam Mohamed, one of the four Supreme Court judges who endorsed the suspension of the election. Despite a recommendation from its subcommittee to suspend Hameed, the JSC rejected taking action against the judge citing “lack of evidence”. Gasim meanwhile publicly dismissed the videos as “fake”.

A meeting of parliament’s Independent Commissions Oversight Committee yesterday was meanwhile been disrupted by government-aligned MPs blowing whistles, shouting and destroying equipment and furniture.

Local media captured video footage of yesterday’s meeting, including Dhivehi Quamee Party (DQP) MP Riyaz Rasheed vandalising equipment, hurling a chair and threatening cameramen while Progressive Party of Maldives (PPM) MP Ali Arif and Maldives Development Alliance (MDA) MP Ahmed Amir blew on whistles and yelled at parliament staff.

Newspaper Haveeru reported that the three pro-government MPs grabbed documents from administrative staff, impeded journalists and used obscene language.

After microphones and recording equipment were damaged, MDP MPs used their phones to record proceedings, during which MDP MP Ahmed Sameer was elected as chair and Dhivehi Rayyithunge Party (DRP) MP Rozaina Adam as deputy chair.

Former chairperson of the committee, Independent MP Mohamed ‘Kutti’ Nasheed, resigned from the position this week but choose to remain a member of the oversight committee.

In addition to the Kulhudhufushi South MP, the committee includes Sameer, Ali Waheed, Ahmed Hamza, Ahmed Abdulla and Hamid Abdul Gafoor from the MDP; MPs Abdulla Yameen, Mohamed Mujthaz and Ibrahim Riza from the PPM; MP Rozaina Adam from the DRP; and Riyaz Rasheed from the DQP.

At yesterday’s meeting, the committee also decided to summon members of the JSC sub-committee formed to investigate a sex tape of Supreme Court Justice Ali Hameed for questioning over delays to concluding their investigation.

Following the resignation of JSC members Criminal Court Judge Abdulla Didi and President’s Member Latheef Gasim from the sub-committee, the remaining members – JSC members Ahmed Rasheed and lawyers Hussain Shiraj and Mohamed Anil – are to be summoned before the parliamentary committee at 8:30pm tonight.

Haveeru video MPs disrupting September 25 meeting of Parliament’s Independent Commission’s Oversight Committee

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Global concern as Maldivian court suspends presidential election

The international community has expressed alarm over the Maldives’ sudden suspension of the second round of presidential elections, initially scheduled for September 28.

The Supreme Court issued an interim order on Monday evening, signed by four of the seven-member bench, halting the election until the court rules on allegations of electoral impropriety filed by third-placed presidential candidate, Gasim Ibrahim.

Gasim is seeking annulment of the first round in which he received 24.07 percent of the vote, alleging that he received at least 20,000 more votes and declaring that “God Willing, Gasim will be President on November 11″.

The Elections Commission has dismissed the credibility of evidence submitted to the court, mostly speculation by anonymised witnesses, and noted that even if factual the claims were insufficient to impact the results of the first round. It has also pointed to unanimous positive assessments of the polling by international election observers.

The case is continuing today after the EC’s lawyer, former Attorney General Husnu Suood, was yesterday thrown out for ‘contempt of court’. Suood had argued that the injunction violated Article 111 of the constitution requiring a second round to be held a maximum of 21 days after the first.

India

India, whose observers monitored a third of the ballot boxes across the country, called upon all concerned in the Maldives “to address the current situation at the earliest so that the electoral process could be resumed in a manner that respects the will of the Maldivian people.”

“It is important that the second round of the Presidential elections is held as scheduled and the candidate elected by the people of Maldives assumes the Presidency on 11 November 2013 as mandated by the Constitution,” stated the spokesperson for India’s Ministry of External Affairs.

“India has consistently conveyed its support for the democratic process in Maldives. It was in this regard that India had called for free, fair and credible Presidential elections in meeting the aspirations of the people of Maldives. The first round of Presidential elections was held on 7 September 2013 in a transparent, organised and peaceful manner. This was acknowledged by domestic and international observers, including those from India,” the spokesperson stated.

“We have seen recent reports that the Supreme Court of Maldives has postponed the second round of Presidential elections scheduled to be held on 28 September 2013. This development has resulted in uncertainty concerning the second round, which may have an impact on peace, stability and security in the country,” the spokesperson noted.

Read the Indian statement

United Kingdom

UK Foreign Office Minister Alistair Burt said the country was “extremely concerned” at the Supreme Court’s decision to delay the second round of presidential elections.

“I recognise the right of the Maldivian courts to ensure legitimate allegations of electoral malpractice are investigated appropriately. However, it is vital to avoid any unnecessary disruptions to the national electoral process, and for representatives from all sides to be represented during any legal proceedings,” Burt stated.

“In light of the widely held judgment of both international and domestic observers that elections were free and fair, I hope that the second round of elections will go ahead without further delay. It is especially important that the second round of elections is held within the timescales specified in the Maldives constitution,” he added.

Read the UK’s statement

Canada

Canadian Minister of Foreign Affairs John Baird said Canada was “very concerned” over the delay in the run-off election, and indicated that it would push the Commonwealth’s human rights and democracy arm to put the matter on its agenda..

“International election observers, including from the Commonwealth, as well as domestic election observers, all viewed the September 7 election as free and fair. This delay is troublesome and can only lead to more instability,” said Baird.

“We call on the people of the Maldives to work together in a calm and democratic fashion and on judicial authorities to not unduly delay the expression by Maldivians of their democratic will. We believe that the Commonwealth Ministerial Action Group should discuss this issue at its Friday meeting in New York City,” he added.

Read the Canadian statement

United Nations

UN Secretary General Bai Ki-moon said he was concerned about the Supreme Court’s decision ordering the postponement of the second round, given that the first round was “widely recognised as a success by international and domestic election observers.”

“It is of the utmost importance that the will of the people be respected in deciding the future of the country. These are pivotal elections for reaffirming the democratic process in the Maldives,” read a statement from the UN Secretary General.

“The people of the Maldives have exhibited great patience and should have the opportunity, without undue delay, to exercise their vote. The Secretary-General urges all Maldivians to exercise restraint, renew their commitment to the Constitutions and work toward conducive conditions for peaceful, credible run-off polls to take place as soon as possible.”

Read the UN statement

European Union

The European Union has noted the temporary injunction issued by the court, but also recalled that the international community recognised the outcome of the first round as inclusive and credible, and considered that it reflected the will of the Maldivian people.”

“I call upon the responsible Maldivian authorities to ensure that the second round takes place without delay and in accordance with the constitution of the Maldives. I urge all Maldivians to work together to safeguard the integrity of the democratic process and ensure that the second round takes place in the same impartial and effective spirit as the first,” stated EU High Representative Catherine Ashton.

Read the EU’s statement

Australia

The Australian government said it had noted court’s postponement of the second round of presidential elections, despite the “positive findings of international observers, including the Commonwealth Observer Group, on the conduct of the recent first round”.

“These elections are an important step in entrenching democracy following the disputed transfer of power there in February 2012,” read a statement from the Australian High Commission in Colombo, Sri Lanka.

“Australia hopes to see an early resumption of the electoral process, with the second round of elections conducted in a manner that is free, fair and transparent, in accordance with the rule of law, and gives free expression to the will of the people of the Maldives,” the statement read.

“We call on all parties to maintain calm and order and to work together peacefully and cooperatively while this situation is considered by the Supreme Court. It is important that the results of the democratic process are respected.

“The international community will continue to watch developments in the Maldives very closely.”

Read the Australian statement

United States

US Ambassador Michele J Sison visited Male on September 24-25 where she “urged Maldivian officials and political party leaders to resolve the issue of elections promptly.”

“International and domestic observers, including US government officials, all characterised the first round of Maldivian presidential elections as free and fair. The high turnout reflects the Maldivian people’s desire to elect democratically their own representatives,” read the US statement (also in Dhivehi).

“Holding the second round of elections in a timely fashion – as mandated by the Maldivian constitution – is central to the democratic process and a peaceful transition of power that reflects the will of the Maldivian people,” the statement read.

At the same time, the US Embassy in Colombo issued an alert to US citizens travelling in the Maldives recommending that they “exercise caution, avoid large crowds and monitor media coverage of local events.”

Read the US statement

Commonwealth

Commonwealth Special Envoy to the Maldives Sir Donald McKinnon said it was “deeply worrying to hear comments calling for the annulment of [the] election. No election anywhere is going to be absolutely perfect and there was no evidence or claim before the election that the voter register was manifestly so deficient as to so distort the outcome.”

He called for the Supreme Court to “deliver its judgment expeditiously in the case pending before it so that the second round can be held, and the verdict of the Maldivian people determined, without further delay.”

“The people of Maldives went to the polls in good faith on 7 September to elect a president. That election was found by national and international observers, notably by a high-level and experienced Commonwealth Observer Group, to be competitive and credible,” McKinnon said.

“As I have stated before, the Maldivian people must be the winners in this election – they are collectively more important than any one political leader. The people of Maldives worked hard to get a democratic constitution, they want it respected and it is their right that the elections deliver a result that reflects the wishes of the majority.”

Read the Commonwealth statement

Maldivian government condemns “irresponsible statements”

President Mohamed Waheed Hassan, who received 5.13 percent in the first round of presidential elections, has lashed out at “irresponsible statements by foreign governments and international organisations” which he declared are “not be helpful in consolidating democracy in the country.”

“Our statutory institutions, including the judiciary, have shown that they are capable of making sound and impartial decisions on some of the most complex issues of national importance,” read a statement from Waheed on the President’s Office website.

The comments appeared at odds with a report from UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, who in May 2013 presented a detailed report documenting a judicial system in crisis to the UN General Assembly.

The Special Rapporteur wrote that she was “concerned that the Supreme Court is perceived as not following due process in many of its decisions. It is also troublesome that some of the Supreme Court’s interventions are perceived as arbitrary and as serving the judges’ own personal interests.”

President Waheed meanwhile called “on foreign governments, the UN, and the Commonwealth to show responsibility and to refrain from issuing statements commenting on, and speculating about, the on-going court case.”

“Local and international observers did a commendable job in observing the elections. Yet, they do not decide on the cases filed by one or more candidates in an election. It is never done anywhere in the world,” Waheed stated.

Read President Waheed’s statement

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‘Al Andalus’ speech did not violate broadcasting code of ethics: Broadcasting Commission

The Broadcasting Commission has ruled that the Maldives Broadcasting Corporation (MBC)’s televising of a sermon by Jamiyyathul Salaf preacher Sheikh Adam Shameem Ibrahim did not violate any regulations.

The MBC’s chairman Ibrahim Umar Manik along with members of the Broadcasting Commission were summoned before Parliament’s Independent Institutions Committee, following complaints by MPs of the Maldivian Democratic Party (MDP) that the sermon infringed the rights of the party’s presidential candidate.

“We definitely do not consider [televising the sermon] as anti-campaigning against a particular candidate using religion. [But] around 11:35pm, because his talk was changing a little, we stopped the live [broadcasting],” Manik told the committee.

In a brief statement the Broadcasting Commission declared today that the state broadcaster had not violated the broadcasting code of ethics by airing the sermon.

In the sermon, titled ‘Al Andalus’, Sheikh Shameem drew comparisons between the Maldives and factors he claimed led to the collapse of the medieval Islamic state that occupied much of Spain, Portugal, Andorra and southern France.

“In the struggle among political parties to come to power, we are seeing dangerous parallels with the real reasons why Andalus fell: seeking help from non-Muslim leaders, bringing in their power and companies to our country. It is not prohibited to have non-Muslim labourers, but if we let any non-Muslim entities exert their power, even in business, over Muslims in our land, that is the end of us,” Shameem said.

“Some people tell us that despite supporting a certain politician, their faith cannot be changed, although they say they know [the politician] does not believe in Allah. I am very happy that there are people with such strong faith among us. It is indeed an extraordinary man who can hold onto his faith while being with a kafir, an infidel who commits sinful acts and uses intoxicating substances.

“However, he used to say there will be no way any other religion can be practised here, but his tune has changed. Today he says that despite churches being built, his faith will personally not change. That people of other religions should also be able to live here freely and be granted rights as Islam is a peaceful, just and caring religion. This is very true, but what he wants is a horrible result. He wants to challenge Allah about the justice in our religion.

“This country will have a dark future if we allow the police and army to be exposed to the training sessions given by non-Muslims, outright kafirs, in the guise of professional development. The kafirs will then have an opportunity to make the police and army hate Islam,” he preached.

Read the translation of the sermon

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Scattered protests erupt in capital after MDP declares continuous protests against election postponement

Additional reporting by Zaheena Rasheed and Mariyath Mohamed

The Maldivian Democratic Party (MDP) has declared it will hold continuous protests after the Supreme Court’s sudden decision on Monday (September 23) evening to indefinitely postpone the second round of the presidential election.

The Supreme Court’s controversial injunction came just hours after parliament passed a resolution calling on all state institutions to ensure that the second round of the presidential election be held as scheduled.

Scattered protests involving hundreds of people erupted across the capital city of Male’ after the MDP’s National Council unanimously supported a motion calling for demonstrations until the Supreme Court allowed the elections to proceed.

During the meeting, MDP presidential candidate Mohamed Nasheed, who obtained 45.45 percent of the votes in the first round of polling on September 7, urged the Elections Commission (EC) to disregard the Supreme Court’s ruling in favour of parliament’s resolution and continue with election preparations.

“The Chief Justice has to find a solution. I call on the Chief Justice to uphold his duties,” Nasheed said, asking police to support the EC and the military “to keep us safe”.

Speaker of Parliament Abdulla Shahid confirmed to Minivan News that he was pepper sprayed by police while several MDP MPs, including Ali Azim and Mohamed ‘Bonda’ Rasheed, were reportedly taken away by police. Rasheed was reportedly released while Azim was taken into police custody.

Police Spokesperson Chief Inspector Hassan Haneef could not confirm the number of arrests, whether pepper spray was used, or provide further details at time of press.

Maldives National Defence Force (MNDF) spokesperson Colonel Abdul Raheem confirmed to Minivan News that military personnel had been deployed around the military’s headquarters following the Supreme Court’s election injunction, in line with “standard procedure”.

Demonstrators initially tried to enter Republic Square before being pushed back by a dozen police and being barricaded near Fareedhee Magu. Minivan News observed a small number of police equipped with riot gear on standby nearby.

A group protesters were observed hanging a large pair of white underpants on a police barricade, a reference to recently-leaked videos of Supreme Court judge Ali Hameed apparently fornicating with unidentified foreign women in a Colombo hotel room.

“This is not acceptable. The people’s voice cannot be blatantly rejected by four disgraced judges,” said 33 year-old Ahmed Thahseen, a demonstrator near Fareedhee Magu.

“I’m not going home until the Supreme Court gives a ruling and lets people have the due election,” 23 year-old protester Aishath Shaffa told Minivan News.

“Let’s see how that disgrace of a politican Gasim runs his businesses when the electorate goes on strike. The people are what matters. We are everything and the Supreme Court Needs to realise that,” said 52 year-old protester Fathimath Shareefa.

“The Supreme Court order is an absolutely unacceptable act. After all the work we have done, the protests, the campaigns, we won’t watch it all go to waste,” said Ahmed ‘Gahaa’ Saeed, the MDP’s member on the Commission of National Inquiry (CONI), who joined the protesters.

“If you look at all the statements given at CONI which have since been leaked, you will see the injustice that people have faced. We are being pushed back to square one all over again and the people refuse to sit back and take it,” he added. “We are here filled with hope. There is another force and I believe truth will prevail.”

The controversial injunction

Jumhooree Party (JP) presidential candidate and resort tycoon, Gasim Ibrahim, initially filed a case in the Supreme Court seeking annulment of the election results after he narrowly missed a place in the run-off with 24.07 percent of the vote, declaring at a rally that “God Willing, Gasim will be President on November 11″.

The case was intervened by the Progressive Party of the Maldives (PPM) and Attorney General Azima Shukoor, both of which sided against the Elections Commission.

The EC has defended itself arguing that not only had the JP had failed to substantiate or give the specifics of any evidence of fraudulent voting submitted against it, but even if this evidence were to be proven beyond reasonable doubt it was still insufficient to affect the outcome of the first round of election results.

The commission also pointed to unanimous positive assessments of the first round polls by local and international election observers, including the Commonwealth, US, UN, and Transparency Maldives.

In response President Mohamed Waheed’s government called on international groups to “help, not hinder the state institutions in exercising their constitutional duties”, while JP running mate and lawyer Dr Hassan Saeed declared in court that election observers “do not carry much weight”.

Monday evening’s sudden injunction stated that it had been discussed by all judges on the seven member bench, before being signed by Justice Abdulla Saeed, Justice Ali Hameed Mohamed, Justice Adam Mohamed Abdulla, and Justice Dr Abdulla Didi.

“Based on Article 144 (b), we order the Elections Commission and other relevant state institutions to delay the second round of the presidential election scheduled for 28 September 2013 until the Supreme Court issues a verdict in this case,” read the Supreme Court order.

Lawyer for the Elections Commission, former Attorney General Husnu al Suood, tweeted that the interim order by the Supreme Court “has no legal basis, and violates the constitution.”

MDP lawyer Hissan Hussein also said the Supreme Court’s order was unconstitutional, stating that the article 144 (b) it had invoked concerned the Supreme Court’s capacity to delay lower court verdicts, not elections.

Meanwhile, article 111(a) of the constitution stipulates “that a President shall be elected by over fifty percent of the votes. If no candidate obtains such majority, a run-off election must be held within twenty one days after the first election.”

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International observers should “help, not hinder” state institutions: Foreign Ministry

President Mohamed Waheed’s government has called on international groups to “help, not hinder the state institutions in exercising their constitutional duties”.

The Foreign Ministry’s statement follows unanimous confidence from international election observers in the credibility of the first round of polling, and calls for the losing parties to accept defeat and allow the second round to proceed as scheduled on September 28.

Presidential candidate Gasim Ibrahim, who narrowly missed a place in the run-off with 24.07 percent of the vote, is pursuing a Supreme Court case to have the results annulled, alleging electoral impropriety. The Progressive Party of the Maldives (PPM) and Attorney General Azima Shukoor have intervened in the case against the Elections Commission.

The Elections Commission has challenged the veracity of the evidence and argued that even were it factual, it was not sufficient to alter the outcome of the first round.

“The Maldives, as a young democracy, continues to face a number of challenges in its journey towards consolidating democracy and strengthening its independent institutions. For this journey to continue the constitutional framework set up in the Maldives through a democratic process should be respected and the authority of the independent institutions should be upheld,” read the statement from the Ministry of Foreign Affairs.

“Elections are the primary means of democratic participation and it is an inalienable right of each individual. Similarly, attempts to resolve questions relating to the electoral process through democratic means, is also part of democracy. These fundamental principles of democracy and the rule of law should be accepted by all concerned,” the statement read.

“It has to be recalled that while the local and international observers and monitors did a commendable job in observing the elections, it is the State institutions that are constitutionally mandated to address any question related to the elections and electoral process. The Government, therefore, wishes to call on anyone interested in promoting democracy in the Maldives to help, not hinder, the State institutions in exercising their constitutional duties,” it added.

“Live up to your responsibilities”: UN Secretary General

UN Secretary General Ban Ki-moon has urged political leaders in the Maldives “to live up to their responsibilities, respect the democratic process, and continue to allow for a peaceful, inclusive and credible vote to take place in the second round.”

Ki-moon “stresses the utmost importance of the will of the Maldivian people being respected throughout the process”, and noted that the conduct of the first round had been “widely recognised as a success by international and domestic election observers.”

European Union: “Respect the electoral process”

The European Union delegation to the Maldives has encouraged “all parties to respect the electoral process” and stated that it “looks forward to the second round on 28 September and a peaceful transition.”

“It is essential to ensure that the outcome of these elections fully respects the wishes of all Maldivians and that the Maldives’ democratic institutions are safeguarded, in order to enable its government to confront the political, institutional, economic, social and environmental challenges the country faces,” the EU stated.

UK Foreign Office: “Crucial that all parties respect the outcome”

Noting that all election observers both international and local and judged the election to be transparent and competitive, “carried out peacefully and in good spirit”, UK Foreign Office Minister Alistair Burt has called on all presidential candidates “to respect the result of elections and the will of the people of Maldives.”

“The Commonwealth Observation Mission’s interim statement noted that the voting register ‘appeared to be accurate and robust’, and that party and candidate observers were present in all of the polling stations they had observed,” Burt observed.

“Ahead of the second round of elections planned for 28 September, we encourage all Presidential candidates to respect the result of elections and the will of the people of Maldives, work side by side for a peaceful transition and encourage calm amongst their supporters,” he said.

“We hope that the second round of elections will be held as scheduled, and conducted in a similar free, fair and peaceful manner. It is crucial that all parties respect the outcome of this free and fair democratic process and make progress in further strengthening democratic institutions in the Maldives.”

“There are always losers in every election”: Commonwealth Special Envoy

One of the strongest statements was issued on Thursday by Commonwealth Special Envoy to the Maldives Sir Donald McKinnon, who was appointed to monitor the Maldives following 7 February 2012’s controversial transfer of power.

“This election marks a renewal of the country’s democratic credentials, with an 88 percent voter turnout. This displays a determination to get the country back on to a sound democratic foundation,” McKinnon said.

International opinion was “firmly behind” the second round of elections proceeding as planned on September 28, he said, noting that “There are always losers in every election everywhere, but the winners here must be the people of Maldives. The results of their votes must be paramount to the process and the result.”

Transparency Maldives: “Don’t undermine results without credible evidence”

Locally-based NGO Transparency Maldives has also called on parties to the presidential election not to undermine the credibility of the results without evidence.

Transparency deployed the single largest team of election observers with 400 monitors across the country.

“In view of the cases submitted and allegations made at the High Court and Supreme Court of the Maldives regarding systematic vote rigging, Transparency Maldives notes that it did not find any evidence that support allegations of systematic election day fraud during the nationwide observation,” Transparency stated.

Transparency Maldives appeals to all actors and institutions to refrain from undermining the integrity of and confidence in the election day processes without credible evidence of fraud.

US State Department: “Respect the democratic process”

The United States issued a statement last week calling for all political parties to “respect the democratic process and continue to allow for a free, fair and peaceful vote to take place.”

“The first round of the Maldivian presidential elections on September 7 was widely hailed as a success and represented a victory for the democratic process in Maldives. The Commonwealth, United Nations, and local Maldivian observers joined the United States in congratulating the Maldivian people and the Election Commission for this successful process,” said Deputy Spokesperson for the US State Department Marie Harf.

“We encourage all parties and all presidential candidates to respect the results and work together for a peaceful transition for the benefit of the Maldivian people,” she added.

Statements by election observers “do not carry much weight”: JP’s lawyer Dr Hassan Saeed

Gasim’s running mate and – lawyer leading the party’s bid to annul the first round or delay the second – has meanwhile declared in court that the positive assessments of the poll by local and international election observers “do not carry much weight”.

“Yes, I even agree that the voting process went very smoothly. But those foreign observers don’t know the depth of the issues. Their words do not carry much weight,” Dr Saeed, a former Attorney General, told the Supreme Court during the second hearing last week.

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