Author: Daniel Bosley

Protesters adopt new tactics during fifth night of calls for elections

Additional reporting by Leah Malone

Multiple arrests and pepper spraying marked the fifth consecutive night of protests on Tuesday evening, as supporters of the Maldivian Democratic Party (MDP) demonstrated near the Supreme Court in Male’.

Both regular police officers and Special Operations branches of the Maldives Police Service (MPS) were present at yesterday’s demonstrations, as well as Maldives National Defence Force (MNDF) officers who were manning barricades.

The Supreme Court has been the focus of protests after its order to indefinitely delay the second round of the presidential elections forced the Elections Commission (EC) to concede that the September 28 run-off could not go ahead.

Thirty female protesters gathered near the Supreme Court in the early evening and were met by Special Operations police in riot gear and MNDF officers. MDP MP Eva Abdulla and former Education Minister Shifa Mohamed were among those detained by police during the demonstration.

By 11:00pm approximately a thousand protesters had gathered near the FDI Station on Fareedhee Magu – the closest protesters can go to the Supreme Court building, as the area remains cordoned off by police and military forces.

Following a series of speeches by MDP MPs – including Eva Abdulla who was released from police custody in time to address the crowd – the demonstrators altered their strategy. Instead of remaining in a single location, the protesters divided their numbers between multiple locations on the north side of the capital.

Hundreds peacefully walked the back roads behind the Supreme Court calling for elections, and were met by MNDF officers in riot gear guarding the alleys leading to government buildings. A group of protesters were met by approximately 30 Special Operations police in riot gear near Republic Square, which prompted the crowd to continue their march.

After regrouping near the FDI building the protesters staged another march down Chandanee Magu, to Majeedhee Magu, and back up Orchid Magu – all main thoroughfares in the capital city. Groups of onlookers were seen gathered in front of private businesses and homes, some of whom joined the protest.

The seemingly spontaneous marches were to intended to disorient the smaller numbers of Special Operations police, an MDP activist and former government official told Minivan News during the demonstration.

Minivan News observed MNDF in riot gear blocking protesters from approaching government buildings, however they deferred to police once fresh squads arrived at the various intersections.

Standard police officer’s – ‘blues’ – were observers using pepper spray on protesters, while Special Operations officers sent in snatch teams to pluck people from the crowd once numbers had dwindled to around 400.

Although the police website reported 10 people arrested, Minivan News witnessed up to 20 people taken into police custody before the protest ended around 2:30am.

Picture by Ranreendhoo Maldives

Following criticism of police arrest procedures at the Parliamentary Privileges Subcommittee yesterday, the police today released a series of statements stating that strip-searching, testing for drugs and handcuffing were legal, and “not inhumane.”

The MDP has alleged arbitrary and frequent use of pepper spray, beating, strip-searching, frisking, handcuffing and drug tests of their supporters arrested at protests.

Arrests “not inhumane”

In a statement today, the police said they were authorised to frisk and strip-searches under Articles 32-36 of the the Police Powers Act. The articles state that police are authorised to frisk and carry out strip searches if the police have reasonable grounds to believe the detainee may hold an object to harm themselves or another, or an object for intoxication, or an object to commit an illegal object.

In a separate statement today, the police said that handcuffing is not an “inhumane act” saying the police are authorised under Article 57 of the police powers act to handcuff detainees while they are being transported.

The police said they are also authorised to ask for urine samples to do drug tests if there were reasonable grounds to suspect the detainee was intoxicated, even if the individual was not detained on suspicion of drug use.

Prosecutor General Ahmed Muizz meanwhile told the Parliamentary Privileges Committee that police could only carry out drug tests if the detainee was arrested for suspected drug abuse, or if police had reasonable grounds to suspect detainees arrested on different charges have used drugs.

Police carried out a drug test on Haveeru journalist during one of this week’s earlier protests, and requested a urine sample from MP Ali Azim.

Police also expressed concern about media taking photographs of the operations.

“Who is taking these photos? She’s snapping pictures of everything we do,” one SO officer objected to a colleague.

“Let her take photos, what can she do with them, right?” the second officer remarked.

“We should just take her in,” said a third.

The Supreme Court has yet to make a decision on Gasim Ibrahim’s bid to annul the first round of results after he placed third, despite the court concluding the hearings last week.

Earlier this week, court media officials offered assurances that the case was being worked on “around the clock”.

Speaking at a Progressive Party of Maldives (PPM) event on the island of Maafushi yesterday, presidential candidate Abdulla Yameen suggested that street protests would not influence the outcome.

“The Maldives will obey the rulings of the judicial courts. Street rulings will not work in the Maldives,” local media reported Yameen as saying.

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MDP Chair’s company ordered to pay MVR1.3million

The Civil Court has ordered Heavy Load Maldives Pvt Ltd to pay MVR1.3million (US$84,41500) for the failed payment of several speedboats, reports local media.

Heavy Load – owned by the family of Maldivian Democratic Party Chairperson ‘Reeko’ Moosa Manik – was ordered to reimburse Maldives Finance Leasing Company Pvt Ltd after the court found it had failed to meet the previously agreed payment schedule.

The unpaid amount – for which Moosa was reported to have been guarantor – is to be paid to the court within three months.

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Maldives crisis requires international assistance: former Foreign Minister Dr Shaheed

“I do not believe that the constitutional and political crisis in the Maldives will be resolved without international assistance,” former Foreign Minister Dr Ahmed Shaheed has told Minivan News today.

Dr Shaheed – currently UN Special Rapporteur on Human Rights to Iran – said he wished to correct local media reports claiming he had called for neighbouring India to intervene militarily to restore democracy in the Maldives.

“It does not have to be force – it can even be good offices,” he said, accusing media of distorting his comments.

Progressive Party of Maldives vice presidential candidate Dr Mohamed Jameel Ahmed meanwhile told local media that the comments were evidence of the “hunger for power” within the Maldivian Democratic Party (MDP).

“Calling for the Indian military to come to Maldives, I believe it is proof that they want power even by sidelining the country’s independence and sovereignty, through whatever means possible,” Dr Jameel told Sun Online.

Tension is growing in Male’ after the Supreme Court ordered the security forces to forcibly prevent any state institutions proceeding with the constitutionally mandated presidential run-off.

The poll was required under Article 111 of the constitution to take place on Saturday (September 28).

Controversy has nonetheless arisen over Shaheed’s remarks on twitter over the past few days, in particular a post from last Thursday (September 26)

CMAG must suspend the Maldives from CW n request India to invoke R2P!

— ahmed shaheed (@ahmedshaheed) September 26, 2013

Initial misinterpretation, argued Shaheed, was a result of Adhaalath Party Vice President Dr Mauroof Hussain distorting a previous message in which he had stated that an Indian takeover would be preferable to one led by local ‘takfiris’ (Muslims who label other Muslims apostates).

Shaheed – noting that local media had run a second article in which he said corrected some of the mistakes made in the first – called on the Commonwealth to take a more proactive stance on the Maldives.

“My tweet on R2P was aimed at the Commonwealth, asking it to suspend Maldives from the Commonwealth and further asking it to invite India to play a more proactive role in restoring Constitutional authority in the Maldives.

“When the Supreme Court has been hijacked by thugs and bandits, the time has come for the Platonic question – who shall guard the guardians? The answer is CMAG, R2P and UN resolution 44/51,” said Dr Shaheed.

He called for a Commonwealth process, and noted that the R2P doctrine itself mandates a UN process, thereby ruling out any unilateral intervention.

Initiatives and resolutions

The R2P initiative is intended to address the international community’s failure to stop genocides, war crimes, ethnic cleansing and crimes against humanity. It views sovereignty as a responsibility rather than a right.

Former Foreign Minister Shaheed also suggested that UN resolution 44/51 could be invoked to invite Indian assistance to restore constitutional authority in the Maldives.

Resolution 44/51, which was introduced by the former Foreign Secretary Ibrahim Hussain Zaki in 1989, is titled ‘Protection and security of small island states’.

The Maldivian initiative was brought before the General Assembly after the attempted coup by Tamil mercenaries in Male’ the year before.

The resolution stated the General Assembly’s appeals to “relevant regional and international organisations to provide assistance when requested by small states for the strengthening of their security in accordance with the purposes and principles of the [UN] Charter.”

The subsequent paragraph also calls on the Secretary General to pay special attention to the security situation of small states.

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

“The people of the Maldives have exhibited great patience and should have the opportunity, without undue delay, to exercise their vote,” he stated.

International processes

Expressing concern at recent events in the Maldives, the Commonwealth Ministerial Action Group (CMAG) last week “urged all those concerned to ensure that the second round of the election is held at the earliest possible date so that this constitutional requirement is met.”

Following last week’s CMAG meeting, Acting Foreign Minister Dr Mariyam Shakeela urged the group to “take matters in proper context, and not to over-react on delicate situations in member countries”.

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Port workers strike to “send a message to the government”

The Maldives Ports Workers Union (MPWU) has taken strike action today following the Supreme Court’s decision – backed by the government – to postpone the second round of the presidential election.

“We are taking our constitutional right to give a message to the government,” said Ibrahim Khaleel, President of the Maldives Ports Workers Union.

Around 90 of the union’s 490 members opted not to come into work for today’s morning shift, though Khaleel pointed out that workers would return to work for the later shift.

“There is not much work there today, but next week we have a charter boat with more than 300 containers. If we are not given an election date, we will stop any future operations. We are just giving that message.”

“The ports union will do this again and again if they do not listen to us,” said Khaleel.

The Supreme Court is scheduled to give a verdict on its election annulment case today – filed by the Jumhooree Party (JP) after its defeat in the first round earlier this month.

After the Elections Commission expressed its intention to go ahead with the polls – scheduled for yesterday (September 28) – the court issued an order to security forces to halt proceedings by force if necessary.

Khaleel said a decision was made not to picket outside the ports today, alleging the port’s management “sent thugs” to attack union workers picketing the port earlier this year.

He argued that police protection had been requested on this prior occasion, but had not been forthcoming.

Both the MPWU and the Tourism Employees Association of Maldives (TEAM) joined forces in May this year to demand amendments to the recently enacted Freedom of Assembly Act.

Clause 24(7)b of the law prohibits any gatherings at the country’s ports, airports, or resorts, without police authorisation – a clause the unions have claimed effectively banned strike action.

After TEAM’s call for “prolonged strikes” last week should the presidential run-off be delayed, Minivan News has received reports of a number of politically motivated dismissals in some of the country’s resorts, in what some staff described as a “firing spree”.

Import dependency

Vice President of the Maldives National Chamber of Commerce and Industry (MNCCI) Ishmael Asif warned of the likely impact such strikes could have on the country.

“As a country that relies heavily on imports for all of its needs,  a ports strike could have severe impacts on business in the country,” he warned.

As small island state with with a land mass of only 115 square miles, the Maldives has near-total dependency upon imports for basic foodstuffs and commodities, as well as goods used to supply the country’s luxury tourism industry which is indirectly responsible for 90 percent of the economy.

The country’s “excessive reliance on imports” was discussed in a recent government report into economic diversification, which noted that the country’s current account deficit had grown to US$600 million (27 percent of GDP) in year 2012.

“The import dependency continues to grow. The CIF [cost, insurance, and freight] value of merchandise imports has increased from us$120 million in 1990 to us$1.5 billion in 2012,” read the report.

It also noted that the country imported over 90 percent of foods in 2012 – worth US$318.9 million –  resulting in “huge implications for food security as well as inflation.”

Male’s port – managed and administered by the Maldives Ports Ltd (MPL) company – handled 580 ships in 2012, processing over one million tonnes of freight.

Current MPL CEO Mohamed Latheef told Minivan News today that he was unaware of any strike activity.

The MPWU staged a small strike last year after it alleged the MPL had removed the workers’ television after they had used it to watch the Maldivian Democratic Party aligned Raajje TV. MPL claimed the disagreement was a misunderstanding.

That strike received high-profile backing from the International Transport Workers’ Federation (ITF).

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Elections are about belief, rather than law: Judge Johann Kriegler

Additional reporting by Leah Malone

“Ultimately, the test of an election is if it’s accepted by the people,” international judicial expert, and advisor to the Maldives Election Commission (EC), Johann Kriegler said in a public lecture yesterday (September 26).

“Elections are not about mathematics, elections are not about law. Elections are about people, about perceptions, about beliefs,” said the former judge of the Constitutional Court of South Africa, who has been working as part of the UNDP’s team in Male’.

Judge Kriegler concluded his lecture, titled ‘Elections: Beauty or Beast?’, by stating that the trust of the electorate is the most important factor in running an election.

Judge Kriegler was reluctant to comment specifically on the current situation in the Maldives, where the Supreme Court and the Elections Commission (EC) have this week been locked in a consitutional battle over whether to proceed with the second round of voting.

The Jumhooree Party (JP), has been pursuing legal action to annul the poll, citing as-yet unsubstantiated claims of systemic failure on behalf of the EC.

The poll has been universally praised as being free and fair by all international observers present during the first round, as well as local NGOs and the Human Rights Commission.

Kriegler chose instead to recount some of his previous experiences in handling elections across the world – most notably in Kenya, 2007.

Following the disastrous fallout from the presidential elections that year, thousands were killed in inter-tribal violence. Judge Kriegler formed part of the post-election dispute resolution team.

The lecture included the specifics of the electoral problems, including the failings of the Election Management Body (EMB) in Kenya at the time, the Elections Commission of Kenya.

Commenting on the quality of the electoral register in Kenya during these elections, Judge Kriegler noted that it was found to be only around 70 percent accurate.

“In my experience, this was good enough,” said the judge.

Maldives election “as good as I’ve ever seen”

During a question and answer session after the lecture, Judge Kriegler was asked if he could comment on the competency of the Maldives EC.

Reasserting his reluctance to comment on ongoing matters, Kriegler stated simply that this was “as good an election as I have seen.”

“Do you want me to say more?”

When looking into discrepancies in the voting process in Kenya, Kriegler noted that a rational excuse was behind most problems, upsetting the conspiracy theorists.

More important, he argued, was the work of political and civil society groups who had been working to delegitimise the EMB for months prior to the election.

“It was a significant factor in what went wrong there.”

Remarking on the changes made between Kenya’s 2007 and 2013 elections, he noted that trust had been the key improvement.

“Kenyan elections were not particularly good this last time round, but the new EMB is trusted, number one. Number two, the judges were trusted,they fired the old lot – lock, stock, and barrel. They said you can re-apply for your job – excellent idea…The result was that…the last election was accepted by the electorate.”

Finally, Judge Kriegler compared his own country’s “messy” 1994 general election with that of Mexico’s “technically perfect” poll in the same year.

Whilst the apartheid ending vote was a success, Mexico’s election ended in months of rioting, he said.

“In South Africa, the poor, incompetent but honest elections were accepted because the people believed in it.  The people believed in it because the electoral management bodies had the support of the political parties,” Kriegler continued.

“The political parties boosted this little body that had no track record and no experience and had an impossible job. But we did the job together – that’s why it worked.”

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Week in review: September 22-26

With fears mounting that the ongoing Supreme Court case would derail the second round of the presidential election, the week began with Majlis being called to an extraordinary session by the Maldivian Democratic Party (MDP).

Government aligned MPs created chaos during the ill-tempered sitting, which passed a resolution calling for state institutions to ensure the poll proceeds – with a show of hands.

Later the same evening (September 23), the Supreme Court issued an injunction ordering all state institutions to indefinitely delay the run-off until it had completed its case. Hearings this week saw a procession of anecdotal witnesses describing their voting issues –  with the Jumhooree Party party concluding its case by arguing that its evidence could be extrapolated to indicate systemic failings. The JP also cited the Attorney General’s contribution in the case – labelled as legal but morally questionable by one legal expert – as lending weight to its argument.

The Elections Commission’s legal team disputed the credibility of the JP’s evidence, which included anonymised witnesses citing speculation and rumour, but also argued that even if factual the evidence submitted was not enough to impact the results of the first round.

The MDP’s National Council responded to the injunction by calling for continuous demonstrations and quickly re-establishing the party’s presence in the Raalhungandu area of Male’ for the purpose of peaceful protest. Speaking from the party’s new base, former President Mohamed Nasheed blamed the Chief Justice of the Supreme Court Ahmed Faiz for allowing the disgraced Ali Hameed to remain on the bench as well as appealing to the military for assistance with the poll.

Hameed’s involvement in a sex-tape scandal earlier this year provided the initial the theme for MDP protests outside courthouses across the country, with large pairs of white underpants used to decry the general state of the judiciary. Numerous people on the island of Rasdhoo were arrested after hanging a pair outside the Magistrate Court.

Transparency Maldives chose to take aim at the Majlis and the Judicial Services Commission for the collapse of the court’s integrity. Former JSC member Aishath Velezinee spoke with Minivan News this week, explaining the background to the current judicial crisis.

The international community responded with universal concern, prompting President Dr Mohamed Waheed to lash out at such “irresponsible statements”. The EC promptly announced that its first allegiance in such circumstances was to the constitution, and that it would proceed with its preparations as planned. Commissioner Fuwad Thowfeek took time from these preparations to speak with Minivan News.

The first session following the injunction order saw the ejection of three of the Election Commission’s legal team, who were accused of contempt after public statements criticising the injunction. Rather than announcing its verdict on Thursday, the Supreme Court instead heard the case newly filed by the PPM, calling for a one month delay to the second round to enable time for campaigning.

Whilst the Ministry of Economic Development’s economic diversity report last week noted the country’s over-reliance on tourism had left if vulnerable to both financial and natural disasters, the report did not take note of political disasters. The MDP clearly did – calling on the country’s tourism workers to strike should the presidential run-off not go ahead.

The 5000 member strong Tourism Employees Association of the Maldives (TEAM) threatened “prolonged” srtike action, whilst the Maldives Association for Tourism Industries (MATI) issued a statement warning of “irreparable consequences” to the Maldivian economy unless the election is expedited.

The clash of institutions appeared to have come to a head on Thursday evening when EC head Thowfeek announced the polls would proceed as scheduled on Saturday. The decision prompted a midnight ruling from the Supreme Court, reasserting its legal supremacy and calling on the police and military to enforce its will and halt poll preparations. Other members of the EC have given contradictory statements, whilst both the police and the Finance Ministry stated they would not assist the EC.

In other news

Aside from election activity this week, Bangladesh – provider of most of the Maldives expatriate labour – announced it would halt worker migration whilst it checked on eligibility.

Elsewhere in the courts, the Juvenile Court sentenced a teenage couple to prison and house arrest after they exchanged a kiss in the waiting room. The High Court, meanwhile called for a re-trial in the case of Deputy Speaker Ahmed Nazim’s alleged fraud of the Atolls Ministry.

Outside of Male’, the case of a dead infant in Villimale’ sparked a police investigation, whilst on Guraidhoo, islanders are have begun nightly fanditha patrols to prevent further malevolent activity causing local unrest.

The fallout from the Salaf  ‘Al Andhalus’ sermon continued, with the Maldives Broadcasting Commission finding that the TVM broadcast did not violate its guidelines. The group itself has requested that other groups in society not use its name for political ends.

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Supreme Court ejects lawyer defending Elections Commission

Additional reporting by Leah Malone, JJ Robinson

Lawyers defending the Elections Commission (EC) and representing the Maldivian Democratic Party (MDP) were today ejected from the Supreme Court, for criticising its order to indefinitely delay the second round of presidential elections.

The EC’s lawyer, former Attorney General Husnu Suood, was reportedly accused of contempt of court and removed from court.

The MDP’s legal team, including lawyers Hisaan Hussein and Hassan Latheef, who had intervened in the case as a third party (inter-partes claim), were also dismissed from today’s hearing, which was ongoing at time of press.

The Supreme Court letter posted by MDP lawyer Hisaan Hussain stated that she had been barred from appearing before the court in the ongoing Jumhooree Party (JP) versus EC case as her remarks “in the media as well as social media” had allegedly “diminished the dignity” of the court and were under investigation.

The letter also accused Hisaan of claiming that the Supreme Court order should be disregarded.

MDP MP Ahmed Hamza announced at a press conference that the party had left the Supreme Court case as a third party, as it “no longer believed justice would be served by the court.”

Hamza noted that the suspended lawyers were not allowed any opportunity to defend themselves before they were barred from the apex court.

The EC has defended itself by challenging the veracity of evidence submitted by the JP alleging electoral impropriety, and stated that even were the allegations factual, they were not sufficient to impact the results of the first round.

The EC has also pointed to unanimous positive assessments of the polling by local and international observers, including the Commonwealth, EU, US, UN, India, Transparency Maldives, the Maldivian Democracy Network and the Human Rights Commission of the Maldives (HRCM).

The Supreme Court nonetheless issued the injunction last night (September 23) to delay the runoff election until it has finished looking into the JP’s alleged discrepancies.

“No recourse”

Prior to attending the case today, Suood told Minivan News that the EC had “no recourse” against the Supreme Court’s suspension of the run-off, despite there being “no legal basis” for the order that has the “constitution up in flames”.

Suood contends that the Supreme Court injunction is in breach of Article 111 of the constitution, which demands a run-off election within 21 days of a first round in which no candidate reaches over 50 percent.

While there were more “complicated” legal arguments for refuting the Supreme Court injunction, Article 111 provides the simplest example of the constitutional violation committed by the court, according to Suood.

Suood explained that there is no way to appeal the Supreme Court order or seek another judicial remedy: “There is no further recourse,” he stated.

While constitutionally the legislative or executive branches should intervene in the matter, Suood said he believed parliament must take action against the Supreme Court.

“Parliament needs to re-convene and decide [what actions to take],” said Suood. “However parliament cannot take decisions [right now] because of the [divisive] politics within it.”

Disorderly protests by MPs of the government-aligned Progressive Party of Maldives (PPM) and JP stymied, but failed to stop, an MDP resolution to ensure that the second round of the presidential election is held as scheduled.

Suood however explained that it would be “very, very difficult” to remove the judges sitting on the Supreme Court bench, not only because of political polarisation creating unrest within Parliament, but also due to the politicised composition of the Judicial Service Commission (JSC).

“The JSC would need to issue a motion [to remove a judge or judges], which would then need the approval of Parliament, but the JSC Chair is also Supreme Court judge,” noted Suood.

The JSC recently decided to reject a proposed no-confidence motion against its Chair, Supreme Court Justice Adam Mohamed, filed by commission member Shuaib Abdul Rahman.

“The JSC is out of control right now, we must do something. The JSC president is ‘out of the circle’,” Parliament’s Independent Institutions Committee Member and MDP MP Ahmed Sameer previously told Minivan News.

The Supreme Court bench consists of seven judges, all of whom discussed the ruling against the EC, however the injunction was signed by four: Justice Abdulla Saeed, Justice Ali Hameed Mohamed, Justice Adam Mohamed Abdulla, and Justice Dr Abdulla Didi.

Meanwhile, during the MDP’s National Council meeting last night (September 23) the party’s presidential candidate and former President Mohamed Nasheed reassured supporters “not to worry”.

“The Maldives is changing, and it will change according to how we want it to. I call on the Election Commissioner to ignore the Supreme Court, and to obey Majlis resolution and hold elections on Saturday,” said Nasheed.

Following the Supreme Court’s decision to accept the Jumhooree Party’s case against the Elections Commission last week, the MDP released a statement indicating its resolve to “not allow a courthouse that consists of some disgraced judges who face allegations of lewd conduct to abrogate the will of the people and disrupt the constitution”.

Meanwhile, the MDP demonstrated at the Supreme Court today behind police cordons further down the street, after the party’s pledge to continue direct action until the presidential run-off is re-scheduled.

Women on the front line held aloft cartoons mocking Supreme Court Justice Ali Hameed – one of four judges whose name appeared on yesterday’s ruling – for his infamous role in a sex tape scandal earlier this year.

Others brandished pictures depicting the large pair of white underpants – a reference to the same video – that have quickly become emblematic of the demonstrations.


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MDP to re-establish permanent protest site after “cynical attempt to delay election”

The MDP will set-up a permanent protest area in the Raalhugandu area of the capital Male’, following the Supreme Court’s decision to indefinitely postpone the second round of the country’s presidential elections.

“In compete defiance of the Constitution, this act by a discredited court is a betrayal of democracy and the will of the Maldivian people,” said party spokesman Hamid Abdul Ghafoor in a press release today.

“All local and international observers, including those from Transparency Maldives, the United Nations, the Commonwealth, and India praised the first round of elections as free and fair and without incident.

“This ruling is a cynical attempt by President Nasheed’s political opponents to delay an election they feared they were likely to lose.”

“The MDP reiterates the statement made by the UN Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul, that ‘justice must not merely be done but must also be seen to be done and judges must not only be actually impartial they have to appear impartial to the public’.”

“We urgently appeal to our friends in the international community to use their good offices to ensure that elections can swiftly proceed in the Maldives,” the statement concluded.

Following the court’s decision on Monday evening, the party’s National Council resolved to protest continuously and peacefully until a date is given for the second round. The immediate scattered protests quickly tailed off as police were deployed to counter them.

“Maldivian norms are now changing. Tonight’s actions will be written in history as actions taken for that change,” Nasheed told the National Council.

MDP candidate Nasheed led the polls in the first round, with 45.45 percent of the vote, ostensibly setting up a second round run-off Progressive Party of Maldives (PPM) candidate Abdulla Yameen.

However, as yet unsubstantiated complaints from the third-placed Jumhooree Party (JP) – alleging voter fraud, have led the court to order a delay of the run-off until had has finished hearing the JP’s case.

Meanwhile, the MDP is currently protesting outside of the courtroom as the case continues today. The party intends to move into Raalhugandu – also known as the surf point – at 5:00pm today.

Back to ‘Justice Square’

“The people of the Maldives need a place to go and express their concern in a peaceful manner” said Aminath Shauna, the MDP’s Youth Wing leader.

“As President [Mohamed] Nasheed said yesterday, the job of the political parties is to facilitate peaceful political activity. We are making sure people have a place to express this in a peaceful manner.”

The MDP’s return to the area – previously dubbed ‘Justice Sqaure’ – will come 18 months after they were evicted from the site by security forces last year.

The party’s eviction immediately followed violent clashes with police as newly appointed President Dr Mohamed Waheed Hassan attempted to reopen the Majlis following the controversial resignation of former President Nasheed the previous month.

During the ensuing legal battle – during which the MDP claimed it had the right to protest in the area – state attorneys argued that the site had been used to conduct illegal activities, and that its occupants had been violent towards police.

Following the removal from Raalhugandu, the party leased the nearby Usfasgandu area of land from Male’ City Council, before Nasheed called upon the party to relocate to its numerous ‘jagahas’ (campaign centres) in preparation for the election.

Shauna today maintained that the party intended to continue pursuing non-violent forms of direct action.

“I don’t think people in the government will interfere with the MDP because the majority of the people have spoken.”

International reaction

The Supreme Court’s sudden decision to halt the election has jarred with the expectations of international parties, which unanimously labelled the first round of polls as fair and competitive and called for run-off to take place as scheduled on September 28.

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

“It is therefore deeply worrying to hear comments calling for the annulment of that election. No election anywhere is going to be absolutely perfect and there was no evidence or claim before the election that the voter register was manifestly so deficient as to so distort the outcome.

“I therefore hope very much that the Supreme Court will deliver its judgment expeditiously in the case pending before it so that the second round can be held, and the verdict of the Maldivian people determined, without further delay.

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

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Week in review: September 13-21

Following a full week of hearings into the Jumhooree Party’s election complaints, the High Court granted the party’s request to view the offending register – under supervision- though the party is still seeking greater access in order to prove its claims regarding fraudulent voters. Meanwhile, the Supreme Court accepted to hear the JP’s case seeking to annul the first round altogether.

After hearing the claims of former Attorney General – and vice-presidential candidate – Dr Hassan Saeed, which included deceased, repeated, and fake voters, the court ordered that the Elections Commission (EC) hand over the voter registry for inspection. Repeated calls to respect the outcome of the election from across the international community failed to impress Dr Saeed.

Maintaining that all allegations are without merit, the EC continued to prepare for the upcoming second round – scheduled for September 28 – officially announcing the first round results despite the JP’s attempts to delay.

The barrage of criticism, particularly from Gasim’s own Villa Television (VTV), led the EC to warn the Majlis that national security could be damaged by “unfounded claims of corruption”.

The national broadcasting commission began looking into VTV’s reporting of unsubstantiated content this week, whilst the police finished looking into the content of the EC’s rubbish, finding no incriminating documents.

Further protests against the EC have been promised by religious civil society groups. The conservative Jamiyathuh Salaf group singled out the Maldivian Democratic Party (MDP) for criticism in a nationally televised sermon that resulted in broadcasting commission being called before the Majlis once more.

The police appeared to have been drawn into the dispute as an alleged police intelligence document emerged on social media, alleging “some opportunity for fraud” and “illegal voting”. The report was quickly disowned by the police and condemned by the MDP, who also called the Majlis to reconvene tomorrow (September 22) in order to stop “undue influence of political parties in the judiciary”.

Elsewhere in the country, the police in Addu City searched a number of homes as part of their election security operation, whilst fears over black magic persisted in Guraidhoo – the local council refusing use of the school for polling.

President Dr Mohamed Waheed’s Gaumee Ittihad Party (GIP) followed its former coalition partner – the Dhivehi Rayyithunge Party (DRP) in choosing a candidate to back in the endangered run-off. Waheed’s party chose to support the Progressive Party of Maldives’ candidate in round two, whilst the DRP leaders were paraded before MDP supporters following last week’s decision to lend support to former President Mohamed Nasheed in the race – a decision that resulted in the sacking of DRP minister Ali Shareef.

Nasheed visited the house of JP leader Gasim on Thursday though the JP insisted no decisions on future alliances would be made before the courts have finished their work. When addressing a youth forum earlier in the week, Nasheed had expressed confidence that Maldivian democracy could withstand a handful of coups and rigged elections.

Disabled Maldivians demonstrated this week against the impending closure of the country’s only school catering to those with special needs, whilst the pervasiveness of politics was revealed as deaf interpreter Shaheez Abdulla gave an account of his recent stabbing.

The ongoing case of former Civil Service Commission Chair saw his access to the commission as well as his salary revoked after Mohamed Fahmy Hassan had continued to come into his former workplace.

Finally, details were revealed of the government’s cancellation payments to forensic accountants Grant Thornton as well as the circumstances of Swedish nationa Filip Eugen Petre’s flight from the country following his acquittal of charges relating to the deaths of a British couple in 2011.

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