The Supreme Court has scheduled a verdict in Jumhooree Party’s complaint seeking to annul the first round of the presidential election held on September 7 for Moday at 2:30 pm.
Despite widespread local and international election praise of the credibility of the polls, the third-placed JP had alleged the vote was flawed due to electoral discrepancies and irregularities amounting to a “systematic failures”.
After hearing witness statement, the Supreme Court ordered the Elections Commission (EC) to halt preparations for the run off scheduled for September 28. However, on September 26, Elections Commissioner Fuad Thaufeeq announced the run off would proceed as planned. The Supreme Court then issued a second injunction ordering the security forces to ensure compliance with its first order.
The police then surrounded the EC secretariat and brought elections preparations to a halt.
The delay in polls prompted a global and domestic outcry, and has led to unrest in Male’. Several Maldivian Democratic Party (MDP) supporters have taken to the streets in protest. Further, several officers in the military have been suspended for allegedly “sowing discord” in the army.
The following is a translation of a leaked “letter of concern” circulating on social media, submitted by senior officers of the Maldives National Defence Force (MNDF) to Chief of Defence Force Major-General Ali Shiyam on September 28. Following the release of the letter the MNDF amended its regulations to punish officers who promoted “upheaval and chaos”. Brigadier General Abdulla Shamaal was subsequently removed from his position as the Commandant of Training and Doctrine,while First Lieutenant Abdulla Shareef (Marine Corp), Sergeant First Class Ali Waheed and Lance Corporal Sharhaab Rashid were dismissed from service. First Lieutenant Mohamed Haleem resigned, stating “For the last 23 years [of my military service]; I have served this country under a solemn oath taken in the name of Allah, I do not see any way that I can carry out my duties as prescribed in the constitution and the military act, while in this position, therefore I request you to relieve me from my duties.”
To Chief of Defence Force Major General Ali Shiyam:
Whereas Article 236 in Chapter 9 of the Republic of Maldives’ Constitution states the Maldivian security services, consisting of the Military Service and the Police Service, is established to enable all persons in the Maldives to live in peace, security and freedom,
Whereas Article 237 states the security services shall 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,
And whereas Article 238 states that the actions of the security services must be exercised in accordance with the Constitution and the law, and operate on the basis of accountability,
And whereas Article 111 states that if no candidate wins by over fifty percent of the votes in a presidential election, a run-off election must be held within twenty one days of the first election,
And whereas Article 142 states judges must comply with the constitution and the law,
On 7 September 2013, a presidential election was held as per Article 110 of the Constitution. The Elections Commission announced a second round of election on 28 September 2013 as per Article 111 of the constitution.
According to Article 111 of the constitution, a second round of election must be held within 21 days after the first election, and that date is 28 September 2013. We believe, given Article 8 of the Constitution states that the powers of the state shall be exercised in accordance with the constitution, and as 28 September 2013 is the last date on which the second round of the presidential elections can be held, the Supreme Court order to delay the election is one that creates dangers for the nation and its citizens and creates challenges from a national security point of view, and may impede the military from carrying out is constitutionally mandated duties.
As per Article 237 the security forces are mandated with defending democratic institutions, and maintaining and enforcing law and order.
Given the shifting national security atmosphere in the country, and as the Maldivian state’s independent institutions and the international community are repeatedly calling for all parties to respect the constitution, we believe any military act that violates constitutional rules and democratic norms, will destroy the sovereign state established in the Maldives, destroy law and order in the country, and allow for a military state to be established in the Maldives.
This is due to influential actors who may abuse the turmoil and constitutional void following the delay in presidential elections. We are concerned that the chain of command established in the military as per the laws will be lost, and will allow for the military to be used as a tool to hand over administration of the state to a certain group of people.
Article 245 states that no one is allowed to issue an illegal order to a member of the security services and that members of the security services should not obey such an order. Hence, due to orders issued in the above mentioned situation, this institution [military] may fall into a deep pit, and we fear that subordinate commanders and lower ranks may be legally locked into a dark cell and may be criminally charged at a later date.
Hence, we express grave concern, and appeal for this institution not to be propelled into a deep pit, and state that we will steadfastly remain with good military behavior and good order against any illegal order.
28 September 2013
Signed:
Brigadier General Shamal
Colonel Abdul Raheem
Brigadier General Ahmed Jihad
Brigadier General Ahmed Nilam
Colonel Hamid Shareef
Lt. Colonel Nasrulla Majdhee
Captain Abdul Muizz
Lt. Colonel Ibrahim Hilmee
Sergeant Major Hassan Fawaz
Sergeant Major Naushad Ali
First Lieutenant Abdulla Shareef
First Lieutenant Mutholib [unclear]
Sergeant Major [first name unclear] Vaseem
[name unclear]
[name unclear]
Captain Hassan Amir
The Department of Immigration has released Maldivian Democratic Party (MDP) MP Zahir Adam’s passport today.
The passport was withheld on Friday night at the Ibrahim Nasir International Airport (INIA) as Zahir attempted to leave the country to get medical treatment.
Immigration Controller Dr Mohamed Ali said Kaafu Atoll Guraidhoo Island had issued an order to withhold the passport, but had ordered its release today.
“We follow the court’s orders. When Guraidhoo court asked us to withhold the passort we did that. When they told us to release the passport, we did that also,” Ali told Minivan News.
In a statement on Saturday, Zahir said he had not been informed of charges against him in any court.
“This is an act to cause trouble for MDP MPs, and to threaten and obstruct MDP’s reform programs,” Zahir said.
Minivan News was unable to reach the Guraidhoo Court at the time of press.
MDP MPs Eva Abdulla and Ali Azim were arrested last week as the party continues demonstrations for elections to expedited after the Supreme Court ordered the police to forcibly halt the second round of presidential elections. The run off had been scheduled for September 28.
Eva was arrested at a protest on Tuesday evening and released after a few hours of detention. Ali Azim was arrested on Sunday last week, and has now been transferred to house arrest.
Meanwhile, the police have said it is investigating MDP MPs Alhan Fahmy, Imthiyaz Fahmy, Mohamed Rasheed (Bonda) and ‘Reeko’ Moosa Manik for contempt of court and threatening the police, judges and their families.
MDP MPs Abdulla Jabir and Hamid Abdul Gafoor are currently standing trial on suspicion of possessing drugs and alcohol.
President Dr Mohamed Waheed has today said it is imperative teachers and school management are teaching students “good conduct” like respecting their elders, while expressing the importance of education to national development.
Speaking to mark the occasion of Teachers’ Day, the president said instilling good values in children was hugely important to a country that is “undergoing transformation” like the Maldives, with schools playing a key role in strengthening the social fabric of the nation.
According to the President’s Office website, Dr Waheed also highlighted a need nationally for skilled and informed teachers, as well as providing them with professional development activities.
Relevant institutions were therefore asked to help assist with producing quality, skilled teachers, with the most important consideration being that young people are taught “good discipline based on Islam”.
The State Trading Organization (STO) has today signed an agreement with Allied Insurance to develop a 10 story shopping building to be named ‘Umar Shopping Arcade.”
In a statement issued today the STO said that the project of building the building had been awarded to Amin Construction Pvt Ltd.
STO said that that building was designed by Arcade Pvt Ltd and the building would have to be completed in 12 months according to the project.
Local media has reported that last night there was a fire outbreak in a workshop next to Elections Commission (EC) president Fuwad Thowfeek’s house.
According to the media the incident occurred last night at about 10:30pm.
Owner of the workshop has told newspaper Sun Online that the incident occurred when someone threw ashes down on the workshop roof causing a tire to catch fire.
According to the newspapers the fire was controlled quickly before it could spread.
The Anti-Corruption Commission (ACC) has asked the Prosecutor General’s Office (PGO) to press corruption charges against former Fisheries and Agriculture Minister Abdulla Kamalludheen for alleged abuse of power to unduly benefit a third party.
The ACC said in a press statement on Wednesday (October 2) that Kamalludheen renewed the lease for Kaafu Thun’bafushi in November 2006 despite multiple violations of the agreement by the leaseholder – business magnate ‘Champa’ Mohamed Moosa.
Based on documents from the fisheries ministry and the former minister’s testimony, the ACC found that Kamalludheen was aware that dredging, construction of a seawall, and reclamation work was done in Thun’bafushi without either conducting an Environment Impact Assessment (EIA) or seeking authorisation from the government.
Moreover, the island was used without a lease agreement from August 2004 to November 2006, the ACC noted, after the agreement expired.
The initial agreement signed in August 1999 authorised the government to reclaim the island with 15 day’s notice if any clauses were violated.
The ACC found that Kamalludheen informed the President’s Office in 2004 that the ministry did not invoke the clause to terminate the agreement as the illegal actions could not be undone.
The former fisheries minister told ACC investigators that, as senior officials and staff from the ministry frequently visited the island, “it cannot be said that the work carried out in Thun’bafushi was done without the ministry’s knowledge”.
While Kamalludheen claimed that the decision to renew the lease was made following consultation with the President’s Office, the ACC contended that the minister had to bear responsibility for “losses to the state” due to his culpability or negligence.
Abdulla Kamalludheen served as fisheries minister and home minister in the cabinet of former President Maumoon Abdul Gayoom. He is currently a senior member of the Jumhooree Party (JP) and was involved in campaigning for JP presidential candidate, business tycoon Gasim Ibrahim.
“This was originally a reef ecosystem with a small sand bank in the middle, but he has been dredging the island without any clearance and the changes are now irreversible,” EPA Director Ibrahim Naeem told Minivan News at the time.
After three surveys of the area, the EPA had assessed the damage as amounting to MVR2.2 billion (US$144.6 million), not including the impact of sedimentation from the dredging which can smother coral kilometres from the site.
A foreign consultant who was involved in surveying the island told Minivan News that the area “seems to have been used as a dumping ground.”
“There were what looked like hundreds of used car batteries, waste metals and oil drums leeching into the marine environment,” the consultant said.
The judge ruled that the EPA had not given Champa Moosa adequate opportunities to respond to the allegations, which made the administrative procedure “unfair.”
Naeem however insisted that the EPA had given all necessary documents to Champa and that he had been given “more than enough time to prepare his appeal.”
Several days after Champa was issued the fine in June 2011, the then-Director General of the EPA Mohamed Zuhair suddenly resigned from the post, publicly stating on DhiTV – a private broadcaster owned by Champa – that his departure was due to “political interference” in the EPA’s fining of the tycoon.
Environment Minister Mohamed Aslam however claimed that Zuhair had decided to take a voluntary redundancy package three weeks before his sudden departure, which rendered him ineligible for the lump sum pay out.
“This is Champa building his court case by attempting to question the independence of the EPA,” Aslam alleged at the time, noting that as the EPA’s Director General, Zuhair’s signature was on all the correspondence with Champa, including the notice informing him of the fine.
Champa Mohamed Moosa with former President Gayoom
Naeem meanwhile expressed surprise at Zuhair’s DhiTV appearance, noting that “[Zuhair] was the guy who signed the letter [fining Champa]. Why would he have done so if he was not happy about it?”
Zuhair’s sudden resignation following the fining meant he had forfeited his entitlement to the redundancy package he had applied for, Aslam noted.
“Thun’bafushi has been an issue long before we took office,” Aslam said, explaining that the previous administration had initially rented the island to Champa for MVR100 a year (US$6.40) under an agreement that stipulated that he “not do anything detrimental to the environment – he was allowed to grow trees and monitor the shifting of the islands. He was not allowed to reclaim or extend the island.”
Thilmeeza Hussain, founder of the Maldivian NGO Voice of Women – an organization addressing the issues of women and climate change, spoke with Between The Lines at the International Women’s Earth and Climate Summit held last month in New York.
Thilmeeza discussed the role of democracy in asserting leadership on the critical issues of climate change.
“From what has happened in the past five years, it is very clear to us, because when President Nasheed came to office in 2008 and we had a democratic election, our country was able to talk in the international platforms with a voice much louder and stronger than ever before, and though we were such a small country we were able to fight on issues, bring international attention to the plight of the Maldivians and other small island states on the impacts of climate change and environmental degradation and what our people had been suffering,” she said.
“And we were able to do that because we had a democracy, so we are able to speak with moral authority because we had that platform. We were a country representing people’s voice. But once we had the coup, the voice of the Maldivian people in the international platform were just silent, dead.
For the past two years, in none of the environmental negotiations, or even anywhere else, you haven’t heard Maldivians talking about environmental issues or issues that are important, issues that are necessary for our survival because the government that is in place, which is led by the leader who led the coup, is not able to go and speak with that moral authority in international platforms any more.”