Author: Mariyath Mohamed

UNFPA calls for review of judicial practices surrounding sexual behaviour in the Maldives

The UNFPA has this week released the State of the World Population Report, along with a report focusing on the local context, titled “Reproductive Health Knowledge and Behaviour of Young Unmarried Women in the Maldives”.

The report includes recommendations calling on the state to review existing practices related to the matter within the judicial process, law enforcement, education and health sectors.

Minister of Education Aishath Shiham inaugurated the event, highlighting the state’s plans to resume awareness programs for adolescents in schools in 2014.

“The UNFPA’s Life Skills Package is the program that was most systematically and effectively run in Maldivian schools to tackle the issue of adolescent pregnancies. Over a 1000 people have been trained to be able to conduct this program. I am announcing here today that with the start of the new administrative year in 2014, the UNFPA Life Skill Package will be reintroduced,” she stated.

The minister further noted the importance of including similar concepts in teacher training courses.

Youth sexual behaviour outside marriage

The report states that while the age of marriage has been increased to 18 in the year 2000 – following which the average age of first marriage has risen to 19 in recent years – sexual and reproductive health services and commodity supplies remain available solely to married couples.

It states that while the “underlying assumption is that sexual intimacy does not or should not occur before marriage”, and while this is in accordance with societal and religious views, there is “ample evidence that this is inconsistent with the social realities of youth sexual behaviour”.

The report provides a number of studies supporting their findings, including a youth perception study conducted, in which 90 percent agreed that it is more common for “couples to initiate sexual intercourse before marriage”.

It further notes the existence of young female sex workers, citing the Biological and Behavioural Survey of 2008 which noted a prevalence of “unprotected sex with multiple partners” within the 15 – 17 age group and above.

Another cited study indicated that unsafe practices of abortion are more common among unmarried youth than their married counterparts.

“Pregnancy outside marriage is in fact, a criminal offence…Nevertheless, it has to be acknowledged that sexual activity is a consistent social reality…” the report stated, before pointing out that the issue contributes to the “public health burden of the country”, and that it stems from “a complex mix of health, social and legal consequences, primarily connected to the occurrence of pregnancy outside marriage”.

As the clearest evidence of extra-marital pregnancies, the report cites IGMH’s Family Protection Unit’s data, showing the occurrence of such pregnancies to be the third most common issue among patients it has attended to since it opened in 2006. It states that out of 41 cases recorded in an year, some have resulted from rape and sexual abuse.

“The social and legal implications connected to out of wedlock pregnancy creates an intricate link between pregnancy outside marriage and abortion. Consequently, unsafe abortion is a key issue among young Maldivian women,” it said.

Sexual and reproductive health knowledge

The report highlights that due to societal and religious taboos, sexual and reproductive health (SRH) knowledge among youth – especially unmarried youth – is alarmingly low.

The report states that information related to SRH is taught in schools within the Biology and Islam syllabuses, though not at a meaningful or significant level.

Highlighting the disparity between the number of men and women prosecuted for fornication under Sharia law, the report stated that “paternity testing is not used as admissible evidence in court and the opportunity for men to deny guilt makes male accountability something of a farce”.

The report concluded with a variety of recommendations to the health, education, judicial sectors, as well as media outlets.

In addition to encouraging various forms of awareness raising, the UNFPA called on the law enforcement sector to revise sentencing practices in which gender discrimination occurs, to review the current punitive practice of dissolving marriages if a child is born within a gestation timeframe inconsistent with the duration of marriage, and to review the non-acceptance of paternity testing in cases of extra-marital pregnancies.

Read the full report here (english).

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National Movement accuses government of obstructing anniversary of GMR eviction

The National Movement has accused the government of obstructing its plans to celebrate the anniversary of the termination of the airport development contract with Indian company GMR.

The movement claims that, despite having obtained written permission from the Ministry of Housing and Infrastructure to use the Artificial Beach area last weekend, authorisation was later revoked.

Previous National Movement rallies have been held at the same location.

Since taking power last month, the current administration has launched a charm offensive in an attempt to repair strained bilateral relations with its northern neighbour. President Abdulla Yameen is scheduled to visit New Delhi later this month,with Indian media reporting the likely reopening of a much needed standby credit facility.

The self-titled National Movement consists of the religious conservative Adhaalath Party and the Civil Coalition umbrella group which claims to represent several civil society organisations.

The movement was born out of the December 23 coalition – an alliance of several political parties including the now-ruling Progressive Party of Maldives (PPM), the Jumhooree Party and the Adhaalath Party, along with the Civil Coalition. The PPM later left the National Movement in December 2012, after members criticised current President – then PPM’s parliamentary group leader – Abdulla Yameen.

The group has reportedly shared a statement with local media in which it is said to have criticised the current government for inhibiting the movement’s efforts to mark the one year anniversary of “having successfully brought the Maldivians’ airport back into Maldivian hands”.

In the statement, the movement alleges that the government had given multiple warnings not to not celebrate the anniversary.

“We are deeply saddened that the current government has obstructed the joyous event of celebrating the first anniversary of freeing the Maldivian people’s airport, finally to the extent we are simply unable to hold any celebrations at all on the occasion.”

“We further believe that the actions of the government have created reason for us to believe that there is a hidden agenda behind it all,” the statement read, as quoted in local media.

The National Movement however stated that they would still be holding a celebratory event, giving Thursday as a tentative date – the group has not yet announced a venue.

Government response

Deputy Minister of Housing and Infrastructure Abdulla Muhthalib stated that the ministry had not received any requests from an entity called the ‘National Movement’.

“We did, however, get a letter from a political party seeking permission to use the Artificial Beach grounds for an event last weekend. The letter did not specify what the event will be. We did grant this permission,” he said.

“However, based on the fact that we have received complaints that people besides those we grant permission to have been using the allocated area, we decided to retract the permission and halt providing the location to anyone until after we compose guidelines on how such areas can be used. We have neither received nor rejected any requests by National Movement,” Muhthalib explained.

President’s Office Spokesperson Ibrahim Muaz Ali told Minivan News today that “it is not in this government’s policies to obstruct any citizens from demonstrating within the boundaries of law. I have spoken to media several times about these allegations against us by National Movement and I believe we have been answerable enough by now. It is pointless to talk about the matter too much anyway.”

Muaz has previously told local media that there is “no use to talk about having taken back the airport from GMR an year ago” and that the government will not support a gathering to mark the same.

Despite the PPM formerly being a member of the National Movement, Muaz alleged that the organisation “is not even a registered group, as far as I know.”

He described the matter as “an issue that arose between a Maldivian government-owned company and an Indian company”, adding that the matter has since been resolved.

GMR has taken the premature termination of its contract to a Singaporean court of arbitration where it is claiming US$1.4billion in compensation.

“I see no reason why this matter needs to be brought up and discussed again. The two governments [Maldivian and Indian goverments] are conducting several discussions in the interests of the Maldivian people. The government sees no reason why the GMR matter needs to be taken up again at a time when we are making progress with India, and we don’t support such efforts. This is, however, not to say that we will obstruct freedom of expression,” Muaz is quoted as saying.

Members of the National Movement, Adhaalath Party President Sheikh Imran Abdulla and National Unity Party Spokesperson Abbas Adil Riza had their phones switched off at the time of press.

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HRCM launches investigation into allegations of police brutality against minors

The Human Rights Commission of the Maldives (HRCM) has begun investigating a case of alleged brutality and torture by police during the arrest of two minors.

“While I can confirm that such an investigation has been launched, we cannot reveal much details yet as the investigation is just in its beginning stages,” HRCM Member Jeehan Mahmoodh told Minivan News today.

Police have responded by saying that they are not aware of the case to which the HRCM is referring.

Jeehan stated that the commission had received the related complaint in the early hours of Thursday, December 5. According to her, the commission has sent an investigation team to meet with the victims within 24 hours of their arrest.

“We have observed that there are violations of some extent and are conducting investigations to identify the exact nature and level of the violations. Both the minors are male, and are of 15 and 16 years of age,” she said.

Jeehan further confirmed that both minors remain in custody, following an extension of their sentences.

“No idea who the HRCM is referring to”: Police

Police Media Official responded that they do not know which case or which detainees the HRCM is referring to, stating that they had not received any inquiries about the matter from the commission to date.

“I have no idea who the HRCM is referring to in these allegations, or which case they are speaking of. We have not received any complaints of ill-treatment or torture from any detained persons. Hearing about this issue, I have called up a number of authorities last night, and yet no one has been able to confirm which case is being referred to here,” the official stated.

“While the HRCM says they have attended the case within 24 hours of the arrest being made, this is still not enough information for us to identify the case in question. Within those 24 hours, we have brought multiple minors under arrest, some of these are even from distant atolls,” the media official explained.

“The HRCM is permitted to visit any detainees at any time, and I suppose that is what they are doing, and it is they who will probably release reports on the matter. So far, the commission has neither contacted us about the issue, asked for clarifications, nor made any inquiries,” he said.

Police Integrity Commission’s Secretary General Fathimath Sareera was not responding to calls at the time of press.

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Submission of revised budget delayed for fourth time

Amendments to the 2014 state budget could not be submitted as scheduled today, Finance Minister Abdulla Jihad has stated, delaying the submission process for the fourth time.

The budget – submitted by the outgoing administration of President Dr Mohamed Waheed – has been undergoing amendments in accordance with the aims of the new government of President Abdulla Yameen.

Jihad – finance minister under both presidents – told local media today that although the final draft cannot be submitted to parliament today, the majority of the work had been completed.

He stated that the main reason for the delay was that the government had so far not provided enough details about some projects they wished to include in the budget.

Jihad asserted that a final draft of the budget with all the required amendments will be ready for submission by Sunday, December 8.

The Finance Ministry has stated that issues such as decreasing overtime allowances and non-profit allowances, and revising conditions for the provision of subsidies will be reviewed when submitting the newly amended budget.

President Yameen has expressed concern over the economic vulnerability of the Maldives and pledged to reduce state expenditure by MVR1 billion (US$64.9million).

“State debt is sky high. The state budget’s expenses are extremely high. Hence, we have to prioritise reducing state expenditure. I will start work very soon to reduce budget expenses,” Yameen said during his inauguration speech.

The Maldives Monetary Authorities’ (MMA) most recent quarterly review noted that Government finances had “further deteriorated in the first six months of 2013” due to a sizeable shortfall in expected revenue coupled with a marked increase in recurrent expenditure.

While the delay has brought the work of Parliament’s budget committee to a temporary halt, Speaker of Parliament Abdulla Shahid has instructed the committee to submit its final review report on the budget to the Parliament floor by December 15.

Elsewhere, the Public Accounts Committee has today passed a proposal for the government to obtain a US$29million loan from the Bank of Ceylon as annual budget support and submitted it to the parliament.

The loan request was submitted by the Waheed administration in September.

The Public Accounts Committee report outlines that the loan is to be paid back by the government in a period of six years. The loan has a grace period of one year, after which a monthly payment of US$490,000 has to be paid to the Bank of Ceylon.

The committee has passed the proposal for the loan despite it having an 8% interest rate – the parliament had previously decided that any loans taken by the government must have an interest rate of no higher than 7%.

Earlier this week Indian media reported that the country would soon be releasing a further installment of the US$100million standby credit facility.

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Parliament to review constitutional amendment regarding religion

An amendment seeking to inhibit parliament’s scope to change the constitutional guarantee of Islam as the Maldivian state religion has been accepted by the parliament.

The proposal was submitted by Maldivian Development Alliance (MDA) MP Ahmed Amir, who argued that the relevant clauses must be protected from the legislature.

“I find it very disturbing that the constitutional requirement of holy Islam staying as the religion of the state is subject to being changed just by the parliament if they so wish. And thereby, with the belief that changing it so that MPs alone cannot bring any changes to this article will bring peace to the minds of the parliamentarians, I have taken the initiative to propose this,” he said.

Following heated arguments for and against the amendment, parliament voted to accept the bill after 29 members in attendance voted for, 13 voted against, and 6 abstained.

The proposed amendment asks for Article 10 to be included as the first point in Article 262(b) of the Constitution of the Maldives.

Article 10 states that “(a) The religion of the State of the Maldives is Islam. Islam shall be the one of the basis of all the laws of the Maldives” and “(b) No law contrary to any tenet of Islam shall be enacted in the Maldives”.

Article 262 (b) states that the president must accept any constitutional amendments made by the Majlis after a public referendum.

“Even if one citizen does not want to allow other religions, it must remain so”: MP Amir

“The rhetoric that this bill calls for a public referendum where citizens are to be asked whether or not they want Islam to be here is, I believe, a further attempt to create resentment and dishearten people through misinformation,” he alleged.

“The best way that an amendment like this can be framed, even I believe, is to ensure that once it is reviewed in committee stage, it comes out in such a way that this article is made strong enough to not allow any changes to it at all as long as there is even one single citizen in the country who wishes it to remain the same, without allowing other religions,” he continued.

“Even we are aware that it is not necessary to include Islam in this, our constitution. Islam itself has given us a divine law to follow. As long as we are abiding by this divine law, there is in reality no need for it to be included in our man-made laws,” Amir said.

“However, because there is a fear that such an article in our constitution may be tampered with, we are obligated to protect it,” he stated.

“Instead of a referendum, mandate Supreme Court approval”: MP Muhthalib

Some of the MPs stated that while they supported the intentions behind its submission, they would choose to bring ‘minor changes’ to the proposed implementation.

Jumhooree Party (JP) MP Ibrahim Muhthalib stated that, “As things are in this world today, if even 50 people vote to say they want to adopt a religion other than Islam, foreign governments will back them up and soon start advocating for these people’s rights. They will then start harassing us. They will interfere with the internal matters of this country.”

“My suggestion is that instead of a public referendum, we change the amendment to read that such a change cannot be brought about unless it is passed by the parliament, then approved by the seven judges sitting on the Supreme Court bench, and after which it will still need to be ratified by the president,” he proposed.

“Then, god willing, there is no way that it can ever be changed. My wish is that the amendment is passed in such a way that neither Article 9 or 10 can ever be changed, even by any future parliament,” he said.

Article 9 concerns the qualifications for citizenship, which includes a clause stating that non-Muslims cannot become citizens of the Maldives.

Opposing the amendment

According to some other MPs, Article 10 of the Constitution cannot be amended or debated anywhere, including the parliament floor. Many added that they did not believe the article could be changed even after a public referendum.

Some MPs claimed that if the current parliament was to amend the article, there might be a time in the future when another composition of MPs decide to annul it altogether, insisting it was inadvisable to begin something that may lead to “serious unpredictable implications” in future.

MDP MP Ali Waheed was removed from the premises after he protested against the holding of a debate on the amendment, claiming “while there is life in this body, and I am sitting here in parliament, I will not allow such a debate to be carried out here.”

After initially taking up procedural points, he later stood in front of the speaker’s seat to express disapproval until the speaker ordered the Sergeant at Arms to remove him from the premises.

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Minister of Home Affairs orders the removal of “any material inciting hatred towards police”

Minister of Home Affairs Umar Naseer stated on Monday night that he had granted an order to police to remove any material which could be interpreted as “inciting hatred towards police”.

“I have notified every police officer and police station in the country of this order. I have ordered the removal of any material that may incite hatred towards the police – whether it is text, a drawing, a poster or a billboard – that is found in any area of the Maldives at any time.”

The Home Minister’s announcement was made during an event held in honour of retired Commissioner of Police Abdulla Riyaz, who has left the services to pursue a political career.

“For a long time now, there have been attempts of different levels to ruin the reputation of the police force and to create hatred amongst the public for this institution. This is something that has been done in other countries too. But the thing is, peace and stability have never been established in such countries,” Umar said.

Umar pledged to make the police force an institution which is loved and respected by all citizens.

Calling on educated youth to join the police forces, the Home Minister said that it is through employing young, capable, educated persons that the police force can be further strengthened and developed.

The Home Minister further pledged to “destroy gateways through which drugs are brought into the country”, as well as to eradicate all such networks.

The biggest problem faced by the Maldivian society is the issue of drug abuse, he suggested, stating that he had already begun to take necessary measures to eradicate such networks in the near future.

He promised that the police would play a huge role in the operation, and opined that it would be near impossible to bring down other crime levels without first handling the issue of illicit drug sale and abuse.

“We are coming out on a war against the issue of drugs. I hope we will get your full cooperation in these efforts. We will completely destroy drug trade networks,” he told the gathered officers.

Newly appointed Commissioner of Police Hussain Waheed, meanwhile, advised the police to speak “gently and caringly” when addressing citizens, and to maintain equal treatment to everyone.

He then said that police should become an entity which rids the community of the currently spreading “hatred and discord”, and that is should aim to bring back unity amongst the people.

“Aim to enforce law, not gaining popularity”: VP Jameel tells police

During the same event last night, Vice President Dr Mohamed Jameel Ahmed stated that the police’s primary objective should be to ensure that they impartially enforce law, rather than whether or not they are garnering support and popularity.

Jameel stated that there are complaints that some of the police stationed in atolls work differently from the norms, saying that this leads to public disapproval and gives rise to concerns. He said that there should be no discrimination in the enforcement of law.

“Those who are mandated to enforce the law must not question the fundamentals of the law itself. Police must not question the substance of a law. It is not the police who decides whether or not the substance of a given law is solid. The law is already passed, and the police’s duty is only to enforce it,” Jameel said.

“If the citizens are being disturbed due to a loud speaker, you must be able to stop the loud speaker. If citizens are getting harassed on the street in a manner that disturbs them, and there is a law banning such action, you should be able to stop it. If there are laws made to assist the people, the police must be able to enforce it. I hope you will work in that manner,” he stated.

Jameel said that, although at a low level, it had previously come to his notice that police officers had acted on their own accord in certain cases, despite actions to be taken being specifically stated in law. He said that such actions had inhibited the growth and development of the institution.

He added that it was only when crime rates go down and stability is maintained that the police can be considered as having fulfilled their mandate to its fullest. He further called on the police to help the government implement a social protection system, saying that one of the strongest pleas of the public is to remove the political polarisation and to establish unity and oneness among the people.

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Police honour retired Commissioner Abdulla Riyaz ahead of his move into politics

The Maldives Police Services held an event on Monday night honouring retired Commissioner of Police Abdulla Riyaz.

“If the police are once again made to do political work, the leadership will doubtless fail again. The police institution must be larger than the government or any other entity,” Riyaz advised the hundreds of serving officers in attendance.

Riyaz – appointed after the controversial transfer of power in February 2012 – stated that his plans to move into a political career are in order to build trust in this area too.

“The police must not be seen to be an institution that just protects the government. The police is an institution that serves all citizens and implements lawful orders and norms. We have to be answerable to the government. We have to be accountable to the parliament”.

Riyaz stated that, when he had assumed responsibilities of the police commissioner on the night of February 8, 2012, the police leadership of the time had “failed and hence, people’s perceptions of the police had completely changed”.

He asserted that one of his first objectives after assuming the post was to ensure that the police was freed from all external influences and went back to working independently and professionally.

Riyaz further stated that police had remained steadfast in the face of wrongful allegations and perceptions of their work, while emphasizing that during his time as commissioner he had “never made a decision or issued an order with the intention of inflicting harm or harassment to any specific individual”.

“When Amnesty International released a report with false statements against us, I personally made a phone call to their president. In response to every one of these statements, we sent a statement clarifying the truth of the matter.”

“When I first took up the post, I was reluctant to even claim my pay as there was so much murder being committed. However, due to the work done unitedly, god willing we haven’t seen a major death this year,” Riyaz said.

February, 2012

Riyaz spoke in detail about his role in the controversial transfer of power on February 7, 2012.

The retired commissioner – who had at the time been relieved of his duties as a police officer – stated on Monday night that he had gone there on the day with “good intentions because [he] could not bear to sit home and watch the situation the police and soldiers were in”.

He added that he had contacted both the current Defence Minister Mohamed Nazim and former Deputy Minister of Home Affairs Mohamed Fayaz via phone prior to going there.

Stating that he had prioritized national interest above all, Riyaz claimed that he had accepted the post of police commissioner because his country needed him.

“Police were desiring a leadership that would not issue unlawful orders. Many asked me why I was going back to this institution, including my wife. But I decided that I cannot turn my back to the nation at the time it needed me most.”

Riyaz ended his speech by “seeking forgiveness from any police officer of citizen I may have inconvenienced during my time as commissioner of police”.

“Although I am leaving behind life as a police officer and entering politics, I will always defend this institution. There is no institution I can love as much as I do the police.”

He added that Vice Presidentv Dr Mohamed Jameel Ahmed had been the first to advise him to enter the political arena.

Appreciation from the state

“The happiest day that I have come across so far is the day when a new president was elected on November 16, the second round of the presidential election. What made me happiest about it is that we were assured that a government has been established which will not undermine or disrespect important state institutions like the police, the military, the judiciary and other entities,” he said.

“And that this is a government which will protect the religious unity of this nation and ensure that expensive state assets are not sold out to foreign companies,” he continued.

“The fact that Maldivian citizens voted in a Jumhooree Party and Progressive Party of Maldives government proves that the events that happened on February 7 [2012] was not a coup d’etat,” he stated.

Other speakers at the event, including Vice President Jameel, Home Minister Umar Naseer and current Police Commissioner Hussain Waheed commended Riyaz for his work.

Home Minister Umar described Riyaz as an assertive and sharp-minded officer who had brought commendable development to the institution.

Current Commissioner of Police Hussain Waheed stated that Riyaz had stood up to defend the police institution even when faced with “immense pressure, criticism and threats against [police officers’] families”.

“Even as police were referred to with various hateful names, and even some officers’ lives were taken, our brother Riyaz was working tirelessly in our defence.”

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Political Parties prepare to contest in Local Council Election

In preparation for the Local Council Election scheduled for January 18, 2014, political parties have begun preparations for contesting the elections that will decide island, atoll and city councillors for the next three years.

Progressive Party of Maldives

Progressive Party of Maldives (PPM) has announced the party will be contesting for a total of 627 seats. This includes 533 seats in island councils, 84 seats in atoll councils and 10 seats in city councils.

Local media has reported that the PPM will be taking applications from members wishing to contest in the elections till today (December 1). Unlike the rest of the contesting parties, the ruling party requires that each contestant pays an application fee of MVR 100 (USD 6.5). Contestants must also be members who have been on the party register from before September 30, 2013.

The party further states that it plans to hold primaries where necessary on December 4, adding that primaries will only be held if more contestants than the number decided upon by the PPM leadership submit applications.

In the instance that primaries are held, the results will be announced by December 5.

PPM MP Ahmed Nihan and Spokesperson and MP Ahmed Mahloof were not responding to calls at the time of press.

Jumhooree Party

Jumhooree Party (JP)’s Local Council Election Steering Committee Manager “KD” Ibrahim Didi stated that the party will be contesting for over 340 council seats.

“The leadership of the ‘Gulhifaivaa Ihthihaadh’ [United Coalition – the current ruling coalition consisting of PPM, MDA, JP and AP] has held deliberations on which coalition partner will be contesting in specific constituencies. We have almost reached a consensus now. However, there are still some seats where parties are deliberating with each other to swap or bring other minor changes,” Didi explained.

Didi stated that the deadline for applications of contestants end at 6pm on December 2, saying “it’s going quite speedily today. I think we’ll have enough applicants by the end of the day.”

Asked if the party plans to hold primaries, Didi responded, “It looks like we may have to hold primaries after all. Similar to, I believe, the othercontesting parties, JP also wants to bring out the most qualified, capable people we can possibly find to contest in this election.”

“We tried very hard to avoid having to hold primaries, by settling this through discussions and by trying to avoid any reasons for discord.”

“Despite these attempts, there are still about ten areas in which we will have to hold primaries as there are more than one candidate. But then, that is the nature of what happens in a democracy, I suppose,” he continued.

On November 26, JP Leader Gasim Ibrahim stated in a party rally that they had sent a letter to the PPM’s leader and former President Maumoon Abdul Gayoom asking for clarification of which constituencies the party can contest in for the local council election.

Gasim had further said then that the government had thus far failed to allocate the promised state positions to the party, adding that he believed this could be due to the government being “hectically engaged in other governance matters”. He said that in addition to parliament and local council seats, the party had asked the PPM leader about what other state positions would be granted to them.

“Our President Abdulla Yameen is an experienced man. Maumoon, too, is a person who has far more political experience than seen otherwise in the history of the Maldives. They will certainly not act in a way which will deprive us of benefits,” Gasim is quoted as saying in local media.

“What we have to say to party members and supporters is that we will present to you whatever we get”.

Maldivian Development Alliance

“All candidates that contest from our side will be brought out as representatives of the unity coalition. As a whole, we will contest in every island of every atoll,” Maldivian Development Alliance (MDA) Deputy Leader Ali Mauroof stated.

“The coalition is currently holding deliberations on the matter. However, MDA will be contesting especially for seats in the island of Hoarafushi in Haa Alif Atoll, Madaveli in Gaaf Dhaal Atoll, as well as the majority of islands in Noonu and Dhaalu atolls,” he said.

“We will have to hold primaries if there are more contestants than our number of seats. However, we are of the mindset that we will try to solve this through discussion and deliberation.”

Mauroof said that the party will work in alignment with its coalition partners and other parties that supported them in the presidential elections.

“The relationship between the coalition partners remain strong and we will go forward united to win this election,” he stated.

Adhaalath Party

In contradiction to the other members of the unity coalition who have agreed to run jointly in the election, Adhaalath Party(AP) has announced that it will contest separately.

AP is quoted in local media as saying that the party will be bringing out a “very high” number of contestants for the local council elections.

According to these reports, AP leader Sheikh Imran Abdulla stated that by the end of November, 104 members have applied to contest in the local council election.

Imran further said then that although the AP is running separately, it will extend cooperation to coalition candidates where needed.

AP leader Sheikh Imran Abdulla, and Sheikh Shaheem Ali Saeed were not responding to calls at the time of press.

Maldivian Democratic Party

Maldivian Democratic Party (MDP)’s coordinator for the local council elections Ibrahim Waheed said that the party is contesting for approximately 95% of the seats in the January election.

“We are holding primaries in the areas where more than one candidate have applied. This amounts to about 70 to 80% of the constituencies. While some parties are saying otherwise, we believe it is important that the final candidate be decided upon through holding primaries. If, like some others, a candidate is chosen through discussion and not votes in a primary, then it will not at all reflect the will of the people,” Ibrahim said.

“We are now working on sending statements to those who won in last Saturday’s primaries, as well as those in areas where there was no other candidates contesting, so that they can run in the party’s name. We believe all the primaries will be done, and the administrative work around it will be completed by December 8,” he explained.

Ibrahim further pointed out that candidates from the party have been facing a number of challenges.

“The small time frame that the courts have given to clear people’s records of offences have proven to be a huge inconvenience,” he said.

“The procedure is such that for the final application to the EC, the form contains sections that need to be filled by the courts, the penitentiary department and other offices located in Male’, and then again by the council offices in the island where a candidate is contesting for. The geographical situation makes this very complicated,” he continued.

“The other thing is that, all offices including the High Court and Supreme Court accept the application forms of the Elections Commission. However, the Criminal Court and Ablo Ghazi [Criminal Court Chief Judge Abdulla Mohamed] seem to be above the apex court even.”

“They insist that candidates submit a separate form issued by them, which further slows down the process and increases complexity of the matter. The EC informed us that the Criminal Court has in official terms agreed to accept the commission’s forms, however that is not what is happening in reality,” he said.

Elections Commission Secretary General Asim Abdul Sattar’s phone was switched off at the time of press.

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Supreme Court undermining parliamentary independence, says Majlis committee

The Parliamentary Privileges Committee has on Sunday passed a motion submitted by Maldivian Democratic Party (MDP) MP Imthiyaz Fahmy regarding the Supreme Court’s decision to void four articles in the Parliament’s Privileges Act.

Meanwhile, fellow MDP MP Hamid Abdul Ghafoor’s prosecution for failure to attend the Criminal Court was overturned in the High Court today. Hamid had claimed parliamentary privileges in his defence.

Fahmy’s motion states that while the Surpreme Court had on November 28, 2013, ruled void articles 3(b), 11(a), 13(c) and 16, the decision is one that contradicts constitutional stipulations and compromises the independence of the parliament.

In the motion, Fahmy proposed that the committee agree that the Supreme Court’s actions undermine the parliament and its members’ privileges and powers, and that by ruling to void said articles, the court has breached the constitutional stipulation that no power of the state attempts to exert influence over another.

He further asked the committee members to determine the matter as a serious concern which needs to be raised in the full parliament, while also being brought to the attention of other actors including agencies of the UN and Inter-parliamentary Union (IPU).

Fahmy proposed raising the matter with international actors and seeking assistance to protect the independence, privileges and powers of the parliament.

Speaking at the committee, Fahmy further alleged that the court was working to “undermine the power of the people despite our constitution stating that all powers of the state stem from the citizens”.

“We are seeing the Supreme Court as an entity working to blatantly oppose empowerment of the people. By voiding articles from acts passed by over-riding majorities from among the people’s representatives, they are blatantly challenging citizen empowerment. Every single sitting of the SC has become a threat to this country’s democratic process,” Fahmy said in Sunday’s committee meeting.

“A wide range of international actors have criticized this country’s judiciary and its apex court, including several UN agencies, UN Special Rapporteur Knaul, EU and various foreign governments. How I see it, the Supreme Court is the biggest threat to the country’s democratic process. I condemn the SC’s action and call on this committee and parliament to do all possible to stop such actions,” he continued.

“This is not a practice in democratic societies”: Fahmy

Speaking to Minivan News after the meeting, Fahmy further alleged that the court had made void articles other than those included in the Attorney General’s submission.

“A case can be submitted to the Supreme Court questioning whether a certain act, or an article of a particular act contradicts the constitution. However, one cannot submit, nor can the courts accept, a case questioning whether an act or an article of an act is granted as ‘absolute power’ or asking to clarify what it means,” he said.

“SC repealed clauses on their own initiative too, while the Attorney General has not even proposed to. This cannot happen and this is not a practice in democratic societies.”

“Perhaps they have learnt acts of this sort from countries like Pakistan, Afghanistan, Egypt or others. Places where there is no democratic culture and where people are suffering from state sponsored injustices,” he said.

Fahmy himself was being tried for contempt of the Supreme Court for comments criticizing the body on television, though the MP’s defence has claimed the regulation in question expired in 2011.

MDP MP Hamid, who was taken to jail after the Criminal Court gave him a six month jail sentence for failure to attend court hearings, had his appeal case heard on Sunday.

A High Court bench of three judges overturned the Criminal Court sentence in Sunday’s appeal hearing.

Head Judge of the panel, Judge Yoosuf Hussain stated in court today that the Parliamentary Privileges Act at the time of sentencing still had a clause stating that MPs cannot be summoned to court in a manner that will inconvenience their attendance to parliament meetings.

Judge Hussain said that due to this reason, Hamid’s failure to attend hearings cannot be judged as having been without a justified reason.

He further stated that the lower court had failed to follow due process to be observed in the instance that a court summons cannot be delivered to a person, and if their families refuse to accept the summons on their behalf.

The judge said that as a result of this failure, the High Court does not believe the lower court had grounds to act against MP Hamid in this instance.

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