Author: Daniel Bosley

Prosecutor General resigns before no-confidence debate

Prosecutor General (PG) Ahmed Muizzu has today tendered his resignation, shortly before parliament was set to debate a no-confidence motion against him.

The President’s Office has confirmed that Muiz wrote to newly elected President Abdulla Yameen, following through on a previous promise not to allow the censure motion to reach the floor of the house.

The opposition Maldivian Democratic Party (MDP) filed the motion against Muiz on October 24, claiming that that he had failed to take action against the police and the military officers who mutinied against former President Mohamed Nasheed on February 2012.

Parliament was scheduled to discuss the motion at 1:30pm today. The MDP currently holds a simple majority in parliament, recently using its position to secure the removal of Attorney General (AG) Azima Shukoor in the final days of the Waheed administration.

The MDP in its statement argued that the Commission of National Inquiry (CoNI) report had given clear evidence of gross misconduct by the police and the military on February 7 and 8 2012, which included brutalizing protesters and undermining fundamental rights guaranteed to the people by the constitution.

The party alleged that the PG – despite having the power, authority, and the mandate to look into such actions – had failed to take any action against the wrongdoing noted in the CoNI report.

Former President Mohamed Nasheed has also alleged that Muiz’s independence and impartiality had been compromised in return for his job security.

The PG is constitutionally required to act independently and impartially, with only general policy directives from the AG.

After the original hearings of the Majlis Independent Institutions Committee was disrupted by pro-government MPs, Muiz produced a written response to the charges earlier this month, maintaining that he had always executed his responsibilities in accordance with the constitution and Islamic Sharia.

President Yameen is now required to appoint to the post an individual approved by the majority of the total membership of the People’s Majlis.

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PPM fought whole world to win the election: ‘Sun Travel’ Shiyam

Resort owner and government-aligned politician Ahmed ‘Sun Travel’ Shiyam has said that the Progressive Party of Maldives (PPM) won the presidential election by fighting the entire international community.

“We had to fight with the whole world to win the presidential election. The EU, made up of 30 countries, the Commonwealth, our neighbouring countries, and several organisations were against us,” Shiyam was quoted as saying by Sun Online – party of the MP’s Sun Media Group.

Shiyam’s Maldivian Development Alliance formed an alliance with the PPM going into the repeatedly-delayed presidential polls, supporting the eventual winner Yameen Abdul Gayoom.

“Even the UN was working 24 hours to make sure that we lose the election,” Shiyam was quoted as telling a rally in Male’ yesterday evening.

The annulment of the first round of the presidential election – held on September 7 – was followed by further delays to the rescheduled poll, bringing strong criticism from international actors, whose observer missions had found no problems with the initial vote.

After conducting its own review of the a secret police intelligence report purported to demonstrate voting irregularities, the UN argued that there was no disenfranchisement and that the voter register had met with international standards.

Newly elected President Yameen, meanwhile, struck a more conciliatory tone yesterday, assuring the Indian Prime Minister of his administration’s desire for enhanced bilateral ties.

Writing to Manmohan Singh, the President’s Office website reported Yameen as emphasising that “diverse Indo-Maldives people-to-people contact offers avenues for further cooperation”.

Yameen also urged Singh to pay an official visit to the Maldives as soon as it was mutually convenient to do so.

The Maldives’ traditionally close ties with India came under increasing strain under the previous government – of which the PPM was a prominent partner. The cancellation of a deal to develop Ibrahim Nasir International Airport  in December 2012 was a particularly  contentious issue.

During a visit to India in June, former President and PPM leader Maumoon Abdul Gayoom told the Indian PM of his disappointment that the Maldives’ relationship with India had been impacted upon by the then-government’s decision to evict GMR from the country with seven days notice.

“This was a mistake. Had he consulted all political parties, the public would not have formed the impression that corruption had taken place,” Gayoom was reported as saying in the Hindu.

The cancellation of the project is currently being investigated in a Singapore court of arbitration, with the Indian infrastructure company seeking US$1.4 billion in compensation – more than the Maldives’ annual budget.

The government’s sudden eviction of the Indian investor was quickly followed by a list of 11 grievances handed to all senior Maldivian reporters by the Indian High Commission in January this year.

The list included concerns such as discrimination against Indian expatriates and the confiscation of passports by Maldivian employers.

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President Waheed delivers farewell addess

The farewell address of President Dr Mohamed Waheed was aired across Maldivian television today, as the nation prepares to choose his successor in tomorrow’s run-off.

In a pre-recorded speech, Waheed discussed his rise to power, his record in office, and the future of the country.

Waheed is currently in Singapore, having left the country yesterday evening with no definitive date set for his return despite drawing MVR 525,000 (US$34,000) from the state treasury for an official visit to Malaysia and Hong Kong.

After deciding to remain in office beyond the expiration of his presidential term on Monday, Waheed promised his resignation would follow tomorrow’s polls had determined his successor.

“As the elected vice president of this country, my constitutional duty was to take over the wheel of this country in that turbulent moment. To direct the nation’s ship to a safe harbor amid the fear of strong winds, strong currents, and rain,” he said.

“To make use of a torn social structure and to dig out the Maldivian economy from a deep pit. To put out the fires at the state’s most sacred institutions and straighten the nation’s ranks. To straighten the nation and establish chain of command.”

Discussing his decision to remain in office this week, Waheed argued that  it would have been difficult from a legal perspective for him to have handed the power of the state over to the speaker of the majlis – as a motion in the chamber and the constitution had called for.

“Hence, even though I do not want it, as head of state, I continued in the position because maintaining the rule of law ascertaining that the security forces ranks are in order is my responsibility. But I repeat, continuing the government on a court order is not my wish.”

Taking office

Regarding the circumstance of his rise to the presidency following months of unrest and the sudden resignation of his predecessor President Mohamed Nasheed, Waheed used his farewell speech to defend his actions.

He argued that himself and Nasheed – contesting in tomorrow’s run-off against Abdulla Yameen, half-brother of former dictator Maumoon Abdul Gayoom – had taken office together with the aim to move beyond the Gayoom era.

“However, due to the manner in which the vice president’s role was stated in the constitution, and the manner in which President Nasheed conducted his government, I did not have much responsibility as vice president. I did not have a role in decision making.”

“I was not happy with some of the decisions made by the government in times of rivalry and turmoil. No matter how difficult, I believe decisions must be taken within the law. My conscience believes decisions must be resolved through discussion and consent.”

“Hence, I cannot agree with things that have been done outside the law in the spirit of jealousy and revenge. I was not informed of how the government wanted to proceed as President Nasheed and I had not spoken after January 31.”

The outgoing president went on to describe a number of unconstitutional acts allegedly carried out towards the end of Nasheed’s tenure, including the detention of Criminal Court Judge Abdulla Mohamed. Waheed also alleged that the government ordered the military to use rubber bullets against mutinying police on February 7.

“It is not justice when the head of state resigned following the escalation after a matter that could have been solved through talks or giving in went unresolved and then accused the police and military of unlawful acts. It is not fair.”

“When the man who took hold of the wheel to carry out his constitutional duties makes out his ministers and others who came out to serve to be traitors, there is no way falsehood can become truth. And there is no way that truth can be changed.”

Track record

Waheed defended his government’s record, pointing to the return of civil servants salaries reduced under Nasheed, the extension of health insurance to expatriate Maldivians, and the ‘rescue’ of the recently publicly listed Maldives Airport Company Ltd from Indian investors.

“MVR 2 billion was paid for the previous government’s unpaid bills. 6 new resorts were opened, and 871 beds were added. A total of 2034 students received loans in 2012 and 2013 under the student loan scheme and were given the opportunity to gain higher education,” he argued

He also defended his record in improving the country’s international foreign relations, focusing on his rejection of foreign influences.

“The previous government had changed the long-standing non-aligned, independent and Islamic character of foreign policy. Hence, in global currents, our ability to raise our own voice was limited and we were in a situation where we were facing pressure to change our constitution and do things our legal framework does not allow.”

“Foreigners must not be invited to influence the Maldivian state’s powers. This must not be something that has any political weight,” he continued.

Looking to the future, Waheed called for an inclusiveness government to succeed his.

“The division and anger of the past must be set aside and we must work together united to ensure a prosperous future for our children. Our country is too small to marginalize certain groups and proceed. Our population is too small and we are too interconnected.”

“At the same time, we should keep in mind that our actions today are an example for our children and hence we must lead by example. We must show them that differences and disputes cannot be resolved through force and that compromise is not a weakness.”

Read full speech

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IPU and UK foreign office add to growing criticism of regime

Criticism of the current regime continues, with both the UK Foreign Foreign Minister and the Inter-Parliamentary Union (IPU) expressing concern.

“It is clear that some political actors are not working in the interests of the Maldivian people,” said UK Foreign Minister William Hague.

Meanwhile, head of the recently concluded IPU delegation to the Maldives urged all sides to end the political impasse.

“There can be no place for a winner-takes-all mentality in the Maldives. The political polarization in the country has left the Maldives hamstrung, on the verge of bankruptcy and facing serious social problems,” said Paul East.

“The Maldives cannot afford to continue as it has been if there is a genuine desire and commitment to building a peaceful and democratic society,” he continued.

An urgent visit of the IPU followed a series of opposition MPs being prosecuted through the courts. The Supreme Court has removed two MPs from the Majlis, whilst a third MP is seeking refuge from arrest in parliamentary premises – and was later sentenced in absentia to six months for failure to attend court hearings.

Following its mission to the country, an IPU press release has called for “calm and a serious national commitment to healing the political divide in a heavily polarized Maldives.”

Whilst welcoming the successful completion of the presidential election first round on November 9, the IPU has expressed concern regarding the Supreme Court’s “undermining of the parliamentary mandate”.

“This includes over-turning a parliamentary resolution on an interim head of state when President Waheed’s term expired on 10th November,” read the statement.

“Instead, the incumbent was kept in the post, contrary to the Constitution and in contradiction of President Waheed’s repeated and public statements that he would not continue as president beyond his exact term in office.”

The Asian Centre for Human Rights (ACHR) earlier this week called for travel bans to be imposed upon those it deemed as responsible for a “judicial coup d’état” – including President Waheed in its list.

The IPU also expressed concerns that the interference in presidential elections could have further detrimental impacts on both future local and parliamentary elections.

Dismayed and disappointed

The UK Foreign Minister described himself as being “deeply dismayed” and “disappointed” at the decision to delay the presidential run-off and the subsequent decision of President Waheed to remain in office.

“Since the initial vote, now over two months ago, the democratic process has continually been subject to unreasonable demands and delays. Such delays only serve to increase the strain on democracy, as well as Maldives’ international reputation and already fragile economy.”

Hague went onto say that he would expect the interim arrangements to remain in place only until the completion of the second round of elections – re-scheduled for this coming Saturday (October 16).

He also noted that he would not expect the government to commit to any policy initiatives in the meantime.

“The Maldivian people must have the right to vote for their representative, whether or not the result of that vote is agreeable to losing candidates.”

“We urge all candidates to uphold the interests of the people and the country which they strive to represent and to act responsibly in helping to create conditions which are conducive to elections.”

Hague concluded by calling for the Elections Commissions guidelines to be followed, and urging calm in the run up to the elections.

After violent protests immediately following President Waheed’s decision to stay in office, Male’ has not seen further unrest this week.

The Foreign Minister has received a written question from UK MP Karen Lumley regarding his opinion on Waheed’s attendance at the Commonwealth Heads of Government Meeting in Colombo this week.

Lumley is currently chair of the All Party Parliamentary Group for the Maldives.

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Supreme Court orders further election delay, reschedules for the 16th

The Maldives Supreme Court has ordered the Elections Commission (EC) and all state institutions to make arrangements for a presidential run-off election on November 16, rather than today as previously scheduled.

News of the latest court ruling came less than an hour after the EC had declared the official results of yesterday’s poll at 4:30am.

The EC also announced its intention to go ahead with the scheduled run-off, with polling times set between 11am and 7:00pm today (November 10).

“The decision made by the EC to hold the second round on the 10th deprives the people from fully obtaining the basic right stated in article 26 of the constitution,” read the Supreme Court ruling (Dhivehi).

The ruling appears to have been drafted prior to the EC press conference, however, as it states that the EC had not yet announced when the provisional results would be held, nor the times for polling.

“Thus the date previously set by Elections Commission (16 November 2013) to hold the second round of presidential elections 2013 is seen as the most appropriate date, [the Supreme Court rules by referring to article (144) of the constitution] that the second round of the presidential election to be held on 10 November 2013 must be postponed, and orders the Election Commission and other relevant state institutions to make arrangements for the second round of presidential elections to be held on 16 November 2013, Saturday.”

The ruling is not signed by any member of the Supreme Court bench, featuring only the court’s stamp.

The Supreme Court ruling suggested that the major reason for the EC’s decision to hold the run-off today was to avoid a supposed constitutional crisis created by the ending of the current president’s term at midnight tonight.

The court, however, argued that its prior ruling (2013/SC-C/42) had provided for this scenario, using the continuity of government principle to keep President Dr Mohamed Waheed in power for any interim period.

During yesterday’s polling, the Supreme Court also met to rule that this previous verdict – one that had annulled the first round of voting from September 7 – also overruled the Majlis’ motion to hand power to Speaker Abdulla Shahid on November 12.

EC Director General Mohamed Shakeel told Minivan News this morning that the ruling meant no polling stations were allowed to open, no materials to be transported, nor any other preparations to be made.

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

“I just informed polling station officials abroad about the polling start times [at the various overseas locations] and had to call them right back and tell them to halt all preparations,” he lamented, stating that the EC was currently reviewing the order.

This morning’s ruling results from a case filed yesterday by Jumhooree Party’s (JP) Youth Wing leader Moosa Anwar, who argued that the short space between votes might result in the loss of the right to campaign before the next round.

During an EC press conference to announce the provisional results of yesterday’s poll, EC President Fuwad Thowfeek said the date had been agreed by the candidates themselves.

“We are working to have the second round tomorrow. We want to hold it tomorrow as it was agreed by the three candidates, and the president, and all the concerned authorities,” Thowfeek said.

Beyond his press conference Yameen had “not informed” the EC of his refusal to sign the lists, Thowfeek said.
While the PPM initially wanted to sign all the lists, he said they later sent a letter saying they wanted to sign only the changed lists.

Instead, preparations have been hampered by “lack of cooperation” from one candidate, Thowfeek said, which was called by “confusion” over issues involving signing the voters list.

“First we agreed, since it was one day [between the polling rounds], to take just the changed names to a separate list for the candidates to sign. But representatives requested revising the lists and to sign [the changed lists]. We did that but after signing for a while they stopped and asked to change it to the way before. So we said we were ready to do it the way they requested.”

The commission had not heard from the representatives after that, Thowfeek said.

He noted that the EC had agreed to the November 10 date upon request by the president, adding that a new date would mean restarting preparation and additional costs.

“We would face such difficulties so are trying to see if there is a way to go ahead [with the second round]. We hope we will find that path,” Thowfeek said.

“Serious risk of indefinite delay”: Nasheed

As yesterday’s results revealed a second round contest between Progressive Party of Maldives (PPM) candidate Abdulla Yameen and Mohamed Nasheed of the Maldivian Democratic Party (MDP), Yameen immediately announced that he would not be signing the required voting lists for the run-off.

“No, election is not going to happen tomorrow. Simple reason being that the Elections Commission is not prepared for that. Elections Commission does not have a list that has been pre-signed by the candidates. What they have is a fresh list. So a fresh list for us to review and sign, for verification we need at least 48 hours.”

Speaking to Minivan News yesterday evening, Nasheed warned that “if we don’t have elections tomorrow there is a serious risk of indefinite delay as now Waheed is asked to stay on by the Supreme Court. Our opponents know that they will lose in a fair fight.”

“In my view if the international community says that they will not recognise Waheed after November 11 then we will have elections. Then again it’s very difficult to see the international community doing the right thing. We are in this mess because they recognised a rebel government in February 2012,” he said.

Nasheed’s calls to the international community soon resulted in international calls to stick to the arranged election schedule.

The US state department said that delaying the second round beyond the current constitutional requirements “will create uncertainties that may destabilize Maldives.”

“It is unreasonable and unacceptable for parties to continue to demand changes to an agreed election date. Voters deserve a greater degree of predictability over something as serious as a presidential election.”

Similarly, the Commonwealth’s Special Envoy to the Maldives Sir Don McKinnon declared it to be “unreasonable and unacceptable” for parties to continue demanding changes to the agreed election date.

“Any further delays would create uncertainty for the voters, place extra demands on the Elections Commission and lower people’s confidence in the country’s democratic institutions,” he said.

A number of Maldives National Defence Force officer have been found to be circulating an appeal calling on their fellow soldiers not to obey “unlawful” orders issued by President Waheed or his political appointees, following the expiry of his presidential term at midnight on November 10.

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Nasheed to face Yameen in run-off as polls mirror annulled Sept 7 results

No candidate has reached 50 percent in the Maldives’ much anticipated revote, with the uncertainty over whether the country would return to the polls at 7:30am tomorrow morning as scheduled after second-placed Abdulla Yameen indicated that he would refuse to sign the voter registry.

Just as in the annulled first round Maldivian Democratic Party (MDP) candidate Mohamed Nasheed finished ahead, with Progressive Party of Maldives (PPM) candidate Abdulla Yameen finishing in second place.

The Jumhooree Party’s (JP) Gasim Ibrahim – whose displeasure with the first round eventually led the Supreme Court to order a re-vote – again finished in third place, missing out on the second round.

The Elections Commission is due to announce provisional results later this evening, with present vote percentages near-mirroring those of the annulled first round – although the vast majority of incumbent President Mohamed Waheed’s first round five percent support appears to have transitioned to the PPM, giving it a decisive lead over the JP.

Despite winning a clear place in the run-off, Yameen said he would be unwilling to consent to polls before November 13.

“No election is not going to happen tomorrow. The simple reason being that the Elections Commission is not prepared for that. The Elections Commission does not have a list that has been pre-signed by the candidates. What they have is a fresh list. So a fresh list for us to review and sign, for verification we need at least 48 hours. So the list they have we are not sure whether that is the list they had for today’s voting,” Yameen claimed.

“So until and unless we are able to ascertain that this is the same list, we are unable to sign that. So the Elections Commission is not prepared. What they are claiming is that they have the same list but unfortunately if it were the same list our signatures or our representatives’ signatures would have been on the list. But unfortunately these are fresh sheets. So we are not sure whether this is the same list we used for voting today. So primarily it is a shortcoming on the part of the Elections Commission. It’s nothing to do with PPM or any other party,” he alleged.

Polling began at 7:00am today and continued without major incidents before closing at 3:30pm. Today’s morning turnout appeared notably less than the 88 percent of eligible voters who cast their ballots in the September 7 poll, however the numbers picked up later in the day leading to an anticipated turnout in the low 80s.

Concerns remain over the fate of the second round, however, with both JP and PPM leaders initially reluctant to sign the necessary electoral register for the run-off.

“It looks as if they are not so keen on fulfilling their duties and responsibilities. Signing these lists is a duty given to candidates and their reps by the Supreme Court,” said Elections Commissioner Fuwad Thowfeek.

The JP would later accuse the Elections Commission of anti-campaigning by revealing the party’s reluctance to sign the new lists.

Signature of the lists was mandated within the Supreme Court’s annulment ruling, with the government aligned party’s prior reluctance to sign leading to the delay of the previously scheduled election on October 19.

Midway through today’s polling, the JP’s Youth Wing Leader Moosa Anwar submitted a letter to the Supreme Court, requesting that the second round of elections scheduled for Sunday be annulled.

Anwar argued that the short period between rounds would deprive candidates of the opportunity to campaign, or to endorse a run-off candidate.

As tonight’s result became apparent, the MDP released a statement criticising attempts to further delay the election.

“Our opponents are, once again, trying to subvert democracy by refusing to sign the voter lists for tomorrow’s election,” said MDP Deputy Chairperson Ali Shiyam.

The MDP called on the international community to do all they can to ensure an elected president is sworn in by the constitutional deadline, which expires at midnight on Sunday (October 10).

“The international community must apply pressure – including targeted, punitive sanctions – on those individuals who seek to undermine Maldivian democracy,” the party stated.

Arrangements for an interim period were addressed in the Supreme Court today, where a Majlis motion to have the speaker of the house assume the presidency was overruled by the court’s insistence that President Dr Mohamed Waheed remain in power.

The same four judges who supported the annulment of the first round of the election voted to uphold their original ruling, meaning that President Waheed and his government would remain in power.

Waheed, who had withdrawn his name from today’s ballot following a poor showing in September, has previously stated that he has no desire to remain in his post beyond the end of his term.

Elsewhere today, however, officers from the Maldives National Defence Force (MNDF) began circulating an appeal calling on their fellow soldiers not to obey “unlawful” orders issued by President Waheed or his political appointees, following the expiry of his presidential term at midnight on November 10.

“We do not believe there will be a president and a Commander in Chief on 11 November 2013 if there is no president elect,” read the document signed by 73 officers described by one MNDF source as the “backbone of the military”.

“And we believe the positions of President, the cabinet and all individuals  in political posts will expire at 12:00 midnight on 10 November 2013… Hence, we call on all soldiers to respect the Constitution,” the soldiers stated.

The MNDF promoted over 300 soldiers on Friday.

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Jumhooree coalition accuses EC of costing it votes on election day

Jumhooree coalition Presidential Candidate Gasim Ibrahim’s spokesperson Ibrahim Khaleel has accused the Elections Commission (EC) of anti-campaigning against their candidate.

Khaleel is quoted in local media as stating that the EC has today infringed upon the electoral rights of candidates.

Khaleel stated that the EC, in a press conference held Saturday afternoon, had spoken about the JP refusing to sign the voters’ list which is to be used in a second round of elections which, if necessary, are to be held on Sunday.

He then alleged that this statement by the EC would lead Gasim to lose support.

EC President Fuwad Thowfeek cited words of JP’s Deputy Leader Ibrahim Didi, who, according to Thowfeek had told him the party “had no objections with proceeding with elections, but [we] refuse to sign the voter lists”, and also had stated he would send in a letter saying the same.

Khaleel, however, denied that this way the party’s stand and claimed instead that it was the deputy leader’s personal opinion.

EC Member Ali Mohamed Manik had been asked a similar question at today’s press conference by Gasim-owned VMedia, whether the commission’s intention was to anti-campaign by talking about the matter.

“We will neither campaign nor anti-campaign for anyone. We have no interest whatsoever in electing any particular candidate. I don’t believe that we have infringed any candidates’ rights by truthfully and factually answering media queries about who has so far signed or not signed the register.”

“We have a window of less than 24 hours between the two rounds of voting, and so we must speak of the matter. If this is then interpreted as anti-campaigning, then the only choice left would be to stop providing information to the media completely, and that probably is not an acceptable option.”

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Syrian refugees show up Maldives’ immigration failings

Rising numbers of refugees seeking to use the Maldives as a transit point has laid bare the country’s need to review its immigration procedures, says the Human Rights Commission of Maldives (HRCM).

“The government needs to bring policies into line with human rights conventions,” said HRCM member Jeehan Mahmood.

“The current procedures do not ensure the refugee’s safety – this is not correct, this is not right. The government needs to review and re-visit procedures to ensure its actions to not violate human rights.”

The most recent example of the government’s inconsistent approach to the issue involved a Syrian Palestinian man named Ubaid* who travelled with his family from Dubai, arriving in the early hours of Tuesday morning.

A family member told Minivan News that Ubaid had travelled to the Maldives after seeing media reports of another family who had been granted asylum in Sweden after seeking transit via the Maldives.

The family source explained that Ubaid was a third generation refugee, with a United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA)-issued refugee card which shows he was formerly resident in the Yarmook camp, just outside of Damascus.

“He was injured while in his home at that camp/suburb and so his left arm is somewhat paralyzed with 20 metal screws and metal plates holding remnants of his bones together, and lots of pain-killers. He does have x-rays to show those metal screws and plates.”

“His concern is that if the Maldivian authorities do what they said they would do – send him and his family back to Dubai – then Dubai would send him directly to Syria. And with an injury like what he has, the government would suspect him of being with the rebels, which he is not. He’s too old to be fighting,” the source continued.

The previous Palestinian refugees arriving in the Maldives were eventually granted asylum in Sweden after an appeal from the UNCHR.

Despite having legitimate travel documents, Ubaid’s family was kept in detention at Ibrahim Nasir International Airport before being flown back to Dubai.

HRCM member Jeehan argued that the government’s current inconsistency was resulting in discriminatory practices inappropriate to a country aspiring to uphold its human rights obligations.

Problem in transit

Local lawyer Abulla Shaairu – who took up the family’s case – described their return to Dubai as “one of the saddest days in my career.”

Shaairu has argued the Criminal Court had denied the family was in detention, making them ineligible for the constitutional right to appear before a judge within 24 hours.

“Detention is defined as restrictions on the freedom of movement – they had no freedom of movement,” said Abdulla Shaairu – an argument that was echoed by Jeehan.

Shaairu stressed that the party had not been seeking asylum in the Maldives, but were hoping for transit to Switzerland.

He claimed that he had been denied their right to meet with him, and that the Criminal Court had refused to provide a written response detailing its decision.

“There are no specific regulations to deal with the situation. People in this type of situation don’t know how they will be treated,” he said.

“I think at this moment it is very necessary – so many people arrive because of civil war.”

The extent of the recent fallout from the Syrian civil war on arrivals to the Maldives has been revealed in a leaked document from the department of immigration.

The confidential document details the cases of 12 Syrian nationals arriving in the country since mid-July, with the document revealing that all but four have been immediately sent back to their last point of departure.

As a tourist hub granting tourist visas upon arrival – and with a large number of flights to and from the EU every day – the Maldives is increasingly attractive as a transit destination, the document revealed.

The powers of the Immigration Controller do not override the constitution, nor human rights law, argued Jeehan.

“These people are just searching for a safer place for their family and children.”

*name has been changed

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US slams “extra-legal” attempts to derail democratic process

“Political differences are not unique to Maldives, and they should not be allowed to derail the process,” United States Embassy in Colombo has said.

Expressing concern over the delay of elections and reports of intimidation of MPs, the statement warns that, “Extra-legal maneuvering and calls for military intervention are neither appropriate, nor acceptable under international law.”

“Such issues could result in damage to Maldives’ international reputation and impact negatively upon the Maldivian economy,” the statement continued.

The third attempt to complete the presidential election has been scheduled for Saturday (November 9), with the date for a potential second round on the 16th.

Following the initial poll on September 7 – which appeared to have set up a run-off between Maldivian Democratic Party (MDP) candidate Mohamed Nasheed and Progressive Party of Maldives candidate Abdulla Yameen – the US urged all sides to accept the results, calling the much-praised poll a “victory for democracy”.

Prior to the re-scheduled October 19 poll, the US had expressed concerns – later realised –  at the potential for continued legal actions to cause further delays.

“Since the September 7 first round of elections were annulled via questionable tactics,  we have been actively engaging with all political parties and independent institutions to encourage a way forward that is in line with Maldives’ constitution,” continued yesterday’s statement.

“As the current government’s mandate expires on November 11, time is of the essence.”

A motion was passed last week detailing transitional arrangements for the Majlis speaker to take the interim presidency, prompting  the Jumhooree Party candidate – and filer of the complaints which led to the annulment of the original poll – Gasim Ibrahim to suggest that handing power over to the military would be preferable.

“Isn’t it better that our military takes over the country to save the country and maintain peace?” local media quoted the businessman and MP as saying.

Repeated delays of the presidential elections have evoked concern from across the globe, with the UK government also expressing its concern that the Maldives’ reputation would suffer should the current political crisis not be resolved with free and fair elections.

Minister of State at the Foreign and Commonwealth Office Hugo Swire told the UK’s House of Commons last week that he feared for the economic future of the country.

MDP candidate and former President Nasheed has also suggested that foreign actors were preparing for economic sanctions should no president-elect be confirmed by November 11.

“Ambassadors of foreign nations that I meet are now saying very openly that if there is no president-elect by November 11 they would have to take action under their normal rules or procedures,” Nasheed has reported.

A recent spate of legal actions against opposition MPs has also caused international concern, with the Inter-Parliamentary Union last week arranging an urgent visit to the Maldives in an attempt to build trust between feuding state institutions.

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