Immigration Department reminds foreigners not to interfere in politics

Assistant Controller of the Immigration Department Ibrahim Ashraf has reiterated the strict penalties for foreign nationals who engage in political protests whilst in the Maldives.

Police have begun an investigation, in conjunction with the immigration department, into suggestions that foreigners were involved in the protest that accompanied the opening of the Majlis on March 19. Minivan News was unable to contact the police for a comment on this investigation at the time of press.

Ashraf revealed that one of the suspects had already departed the country of his own accord.

Whilst being unaware of any specific instances of foreign involvement in the protests mentioned, MDP spokesman Hamid Abdul Ghafoor reaffirmed his party’s commitment to encompassing what he regards as global discontent into peaceful protests.

“We will be encouraging [foreign] participation. Out protests will go beyond borders. We are part of a global village and we have been violated. We will invite NGOs [to protest] and even tourists,” said Ghafoor.

“We want their voice with our cause. Peaceful protesters need to find a mechanism to lend their voice,” he continued.

Ashraf drew attention to the stipulations clearly detailed on the Immigration Department’s website which mentions the potential for immediate removal if foreigners are, “found participating in any unlawful activity or even the intention to participate or initiate an unlawful activity.” It also mentions penalties for those “suspected of disrupting the religious or political harmony.”

“Any foreigner on any sort of visa is not permitted to engage in political activity,” said Ashraf, “this is common for every country.”

Regarding the “strict” measures referred to in other media reports, the Assistant Controller said that this can involve permanent deportation or simply removal without deportation, depending on the gravity of the offence.

When asked to respond to these legal issues regarding the participation of foreigners in politics, Ghafoor responded “we might have to reconsider these restrictive laws.”

German national Patrick Crilly was taken into police custody earlier this month after photographing the police attempting to disperse a protest outside the Bank of Maldives (BML) using high-powered hoses.

He later explained that his detention was supposedly on the grounds of refusing to obey a police order, although he denies being given one. Crilly, a medical intern on a visa run from Sri Lanka, was detained for two and a half hours before being released without charge. The police denied that he had been officially arrested.

In 2006, an individual identifying himself as Michael Lord-Castle and four associates were deported from the Maldives for life after suspected involvement in political activity.

His controversial security-cum-fraud-investigation group, Global Protection Committee (GPC), was spotted on the streets of Male’ during the build up to the Maldivian Democratic Party’s planned assembly for constitutional change.

Lord-Castle originally signed a statement saying he had been invited by the MDP, a fact he later denied.

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MDP dismisses reports of referendum, reiterates call for Waheed’s resignation

The MDP have refuted claims within some local media that former President Mohamed Nasheed is seeking a public referendum over the legitimacy of the curent government headed by Dr Mohamed Waheed Hassan.

While the constitution does grant the President and the Majlis to call public referendums on “issues of national importance”, MDP spokesperson Hamed Abdul Ghafoor assured Minivan News that this was not the MDP’s current policy and that reports suggesting otherwise were inaccurate.

Speaking last night at the conclusion of a short visit to Sri Lanka, Nasheed reiterated calls for President Waheed to step down as the best solution to the constitutional impasse in the country that has seen ongoing protests and calls from international bodies such as the Commonwealth for early elections.

“If the present President steps down immediately, the Speaker of Parliament can take over, and hold an election within two months,” said Nasheed.

The Maldivian Democratic Party’s calls for an early election after what it saw as the illegitimate removal of Nasheed have been met with sympathetic noises from the current President, who has repeatedly claimed powerlessness to the election date bring forward by any more than 120 days.

Instead he has pointed towards the People’s Majlis as the institution capable of amending the constitution. Additionally, it has been pointed out that a constitutional amendment would be necessary to begin a new five-year term after any early poll – the alternative being to have two elections in 18 months.

The MDP has been calling for an early election since Nasheed’s controversial “resignation” from office. Nasheed claims he was forced to resign under duress as part of a coup d’etat”, sponsored by mutinous elements of the police and military alongside opposition politicians and businessmen.

Mirroring Nasheed’s visit to Sri Lanka, Dunya Maumoon, daughter of former President Maumoon Gayoom, and current State Minister for foreign affairs, made clear the difficulty of the ”catch-22” situation when she spoke with the Sunday Times.

“The MDP says they are not going to let anything proceed unless a date is given for an election. We are adamant that they don’t bully us by holding on to that election date,” explained Dunya.

On Nasheed’s first trip abroad since leaving office, he courted senior diplomats and the press in Colombo in order to build pressure on the current government to accede to the global demands for early elections.

Alternatives?

Nasheed’s suggestion comes at a time when alternative methods to resolve the impasse continue to falter. The government was reported yesterday to have refused to continue dialogue with the MDP whilst it carried out what it deemed “terrorist” attacks.

President’s Office Spokesan Abbas Adil Riza believed that some of Nasheed’s discussions whilst in Colombo were intended to build pressure on the government to release those arrested during recent unrest.

“MDP is trying to label the arrested as political prisoners. But the government will not agree to discussions if the MDP preconditions the release of the perpetrators arrested during the recent acts of violence in the country,” Abbas is reported to have said.

The opening of the People’s Majlis last Monday saw renewed violence on the streets of Male’ which prompted the security forces’ removal of the MDP’s ‘Justice Square’ at Lonuziyaaraiy Kohlu. Police Superintendent (SP) Ahmed Mohamed stated at the time that the raid was deemed necessary due to the suspicion that illegal activities were being planned and committed at the camp.

The ensuing court case to determine the legality of this seizure continues this afternoon.

Meanwhile, the MDP has publicly condemned all acts of violence, in particular those targeting police officers, which have seen four law enforcement officials hospitalised in the past week.

The eventual opening of parliament on Monday represented the attainment of one of the seven points on the agenda identified in the all party ‘roadmap’ talks.

While this may have brought hopes of some light at the end of the tunnel, the fractious manner of the inaugural speech; President Waheed struggled to make himself heard over heckling MPs, suggests that its record for poor productivity may continue.

MDP MP Imthiyaz Fahmy, shortly after the event, stated his doubts that the Majlis would be able to bring forward elections in the way his party desired.

“I don’t think it will be possible through the Majlis,” Fahmy said. “A lot of MPs in the parliament supported the coup.”

The intransigence of the largest party could limit the progress of talks in the Majlis and the alleged refusal of the government to continue dialogue with the MDP hints that the all-party talks as a forum for progressive debate may have again broken down once more.

It was a failure to successfully open the Majlis on March 1 amidst MDP protests that saw a number of political bodies, including the DRP and PPM, to walk away from the all-party talks designed to provide a solution to the stalemate. The opening of the Majlis was a condition required by some attendees to facilitate the resumption of these negotiations.

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‘Island Ex-President’ debuts in UK

Thursday night saw the UK Premier of “The Island President” as part of the Human Rights Watch Film Festival in London. After the screening Mark Lynas, former Climate Advisor to the previous President Mohamed Nasheed, helped make up a panel of experts who fielded questions from the audience.

“The debate was very much focused around what has happened since the film was made, with the coup and the new government being installed. People were very concerned about the former president’s welfare, and what it means for him to be back in opposition fighting for democracy after having apparently won the battle earlier in the film,” said Mr Lynas.

Human Rights Watch, the independent human rights organisation describes its film festival thusly: “Through our Human Rights Watch Film Festival we bear witness to human rights violations and create a forum for courageous individuals on both sides of the lens to empower audiences with the knowledge that personal commitment can make a difference.”

The personal commitment on display was that of former President Mohamed Nasheed, whose efforts to win the Presidency and to raise international awareness of climate change were documented in the critically acclaimed film.

The film debuted to packed audiences in the Maldives in November and is scheduled for showings across the United States throughout March and April.

The expert panel also included the former Envoy for Science and Technology, Ahmed Moosa; and the Guardian’s Head of Environment, Damien Carrington.

Renewable commitment?

As with most public events concerning the Maldives recently, home and abroad, the event was accompanied by opposition lobbyists who dispensed pro-democracy literature outside the theatre.

After the sold-out audience had seen the film, the ensuing discussion revealed their concerns about the effects that political turmoil would have on the Maldives’ environmental ambitions.

Current President Dr Mohamed Waheed Hassan recently reaffirmed his commitment to environmental projects during his opening of the People’s Majlis, and also at a ceremony celebrating a renewable energy project supported by the Japanese government.

“We have been campaigning for the last couple of years that we would like the world community to come to an understanding, an agreement, to reduce emissions so that the CO2 levels in the atmosphere would be reduced to 350 parts per million,” said President Waheed.

“We will work with other small island countries, and low lying countries, to keep the low carbon development agenda at the forefront of the international developmental discourse over the next years as well. Our commitment to this will continue to be strong and unwavering.”

Lynas however expressed great concern to Minivan News about the likelihood of similar investments in the Maldives continuing to flourish in the current political climate: “Donors will turn away because of the political instability, and investors likewise.”

Such opinions appear to be supported by the Economic Ministry’s unexplained decision to halt any new Public Private Partnership (PPP) schemes one week ago.

Lynas lamented the negative effects the change of political power has had on such projects.

“Back in February we were literally days from signing a major investment plan with the World Bank before the coup happened – this would have leveraged potentially hundreds of millions of dollars, and we were about the begin the process of transforming several islands towards renewable power from the sun,” said Mr Lynas.

“This whole unfortunate saga could set the country back 10 years or more, and undo most of the work that we have all devoted years of our lives trying to pursue.”

Nasheed is hortly to head to the United States, where the film’s release is sure to draw significant media attention to the Maldives political problems as much as its environmental ones.

In an article posted on the website of the NGO Responding to Climate Change, the author posits the question, “Could they have chosen a better time to release this film?”

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Maldives debate intensifies in UK Parliament

Whilst the UK government professed its commitment to the India-brokered road map talks in the UK’s House of Lords this week, in less official forums MPs appeared to have reached a damning verdict on the current Maldives administration, discussing punitive measures and demanding apologies for perceived sleights.

Lord Howell of the Foreign and Commonwealth Office (FCO) avoided any conclusive statements in the face of questions from the House regarding the legitimacy of President Mohamed Waheed Hassan’s government, promising only support for the work of the Commonwealth and the Commission of National Inquiry.

This followed a meeting the day before of members of the All Party Parliamentary Group (APPG) on the Maldives who used offices provided by the UK Parliament to hold a meeting entitled “Democracy Derailed: Political turmoil in the Maldives”. A source present during the meeting has given Minivan News their full account of the discussion.

The source, who wished to remain anonymous, said that those who spoke about the current situation in the country were the MP for Salisbury, John Glenn; Queen’s Counsel, Sir Ivan Lawrence; former Foreign Minister for the Maldives government and current UN Special Rapporteur on Iran, Dr Ahmed Shaheed, and former Deputy Health Minister Mariya Ali.

Also said to have contributed to the panel were Helen Grant MP, Mike Gapes MP, and former Maldives High Commissioner to the UK Dr Farahanaz Faizal.

Dr Faizal has actively opposed the current administration since resigning from her position, shortly after the departure of former President Mohamed Nasheed. She has since remained in the UK, working on behalf of the Maldivian Democratic Party (MDP) in raising awareness of perceived human rights abuses and democratic failings in the Maldives.

The former Deputy High Commissioner and brother to President Dr Mohamed Waheed Hassan, Naushad Waheed, was also present as were Maldivian students and families from the UK. Representatives of civil society organisations including the Commonwealth Human Rights Initiative and Third World Solidarity were also in attendance.

Chairman David Amess reportedly opened the meeting by expressing his disappointment that the Maldives government had declined to send a representative from the UK High Commission, despite being offered the opportunity to do so.

This has been disputed by Acting High Commissioner to the UK, Ahmed Shiaan, who claimed that the UK High Commission had received no official invitation.

The MP from Salisbury, John Glenn, expressed “no doubt” that there had been a coup d’etat in the Maldives, our source reports.

“[The] democratic will of the people of Maldives has been tossed aside,” Glenn is alleged to have told the group before mentioning his distress at the comments recently aimed at both the UK and the Commonwealth by the Maldives’ new governing coalition.

Glenn’s Salisbury constituency served as the base for former President Mohamed Nasheed during his exile in the UK. The Friends of Maldives (FOM) organisation, responsible for a recent travel advisory which pleads with tourists to avoid any resorts associated with alleged coup conspirators, is based in Salisbury.

Strained relations

Perceived interference from the Commonwealth, whose Secretariat is based in London and whose figurehead remains Queen Elizabeth II, has attracted scathing criticism recently in the Maldives.

Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed accused the Commonwealth Ministerial Action Group (CMAG) as having been “bought by the Maldivian Democratic Party (MDP)” after it had urged the current government to establish its legitimacy with early elections.

CMAG released a strongly worded statement last week, arguing that the “the earliest possible expression of the will of the people was required to establish universal faith in the legitimacy of those who govern the country.”

That the group had seen a “lack of progress” in this respect caused it to express “disappointment and deep concern.”

Special Envoy Sir Donald McKinnon, who departed on Friday, attended the Opening Session of the People’s Majlis on 19 March, emphasised the need for parliament to “function effectively so that parliamentarians can return to debating issues of national interest.”

President’s spokesperson Abbas Adil Riza last week went as far as to suggest to Minivan News that the Maldives may consider its position in the Commonwealth, although the reporting of his statement was later dismissed by Abbas in other media as “politically motivated”.

Addressing the all party group, Sir Ivan Lawrence is said to have spoken of his lack of faith in the Maldives’ judicial system, based on his visits to the country during the Maumoon Gayoom era.

“It is now surely important for the same international community that helped to bring about the first democracy, to underline the importance to the new regime of holding speedy free and fair elections, so that power may be restored as quickly as possible to the people of the Maldives,” Sir Lawrence purportedly quoted from a letter he had recently sent to UK newspaper, The Times.

Mariya Ali is alleged to have discussed human rights violations in the Maldives as well as police brutality, before giving the floor to Dr Shaheed who is reported to have suggested that the Gayoom coterie lost their grip on power as a result of attempts to placate the international community.

Dr Shaheed apparently expressed his opinion that they were unlikely to repeat this mistake, citing Dunyha Maumoon’s comments regarding “civil war” as evidence of this resolve. Shaheed stated that the current government will not hold early elections, but rather will work to enfeeble the opposition MDP between now and the scheduled poll date.

Shaheed is also said to have expressed his concern that the independently minded Election Commissioner Fuad Thaufeeq would now be targeted by the current government due to his reputation for impartiality.

Insult and injury

The debate is also said to have included mention of the recent insults leveled at the Queen, the Commonwealth, and the UK government.

During DQP MP Riyaz’s diatribe on DhiTV, he argued that the British public had funded the MDP in return for the establishment of churches in the Maldives and also that they hated the Maldives for gaining independence from Britain.

“The English hate us. Why? Because Ibrahim Nasir saved us from slavery and brought us independence, since then what have the English done for us?” he said.

Riyaz then turned his attention to the Queen herself, “After 50 years, the English Queen, she is physically challenged. But she is still Queen, and if she wants she can remove the Prime Minister. Where is democracy? Where is democracy? That is not a democracy.”

In agreement with the opinion of a member of the public in attendance, David Amess is reported to have said that the government of Maldives should issue a full apology for Riyaz’s outburst and, in concurrence with the other members of the APPG, he argued that the issue should be brought before Parliament.

Additionally, Amess is reputed to have stated his feeling that the attendance of President Waheed at the Queen’s Jubilee celebrations this year would be inappropriate.

Minivan News has obtained video footage of this section of the discussion and can confirm an unidentified voice from off-camera suggesting an early-day motion regarding this topic.

Early day motions are a tool used by MPs in the House of Commons to introduce a subject for discussion. They are often used to publicise certain events or subjects and to gauge the level of parliamentary support for such motions.

Finally, the meeting is said to have moved on to punitive measures. The alleged consensus was that European travel bans had greater potential to damage those alleged to be behind a coup. The option of resort boycotts was dismissed as too damaging to the Maldives’ economic lifeblood.

The video footage received also includes Mr Amess’s concluding statements and so the following quote can be confirmed:

“Ladies and gentlemen, we started off our meeting asking has democracy been derailed, is there political turmoil in the Maldives? Well, listening to the contributors before us this afternoon, the answer to the first part is ‘yes’. Political turmoil in the Maldives? Again we’ve heard the answer, ‘yes’.”

Official comments

The validity of this meeting has been questioned by the Acting High Commissioner, Ahmed Shiaan.

“This was not a UK parliamentary initiated event. If this was an official APPG event, we should have been invited. It is very disappointing,” said Shiaan, “[If it were] they would have to get our perspective, even the Foreign and Commonwealth Office [FCO] wasn’t invited.”

Shiaan pointed out that the discussion initiated in the House of Lords on March 22, at which the FCO was represented, should receive more prominence as it better represents the official line of the government.

When Lord Howell of the FCO was in the Lords about the potential suspension of the Maldives from the Commonwealth, his response was that this decision was up to the whole of the Commonwealth to decide upon, not just one member.

“We must move to encourage democratic elections, and that is what is proposed in the India-brokered plan, which we welcome and support,” said Lord Howell.

One member of the House asked if Lord Howell felt the government was doing enough to ensure an independent international enquiry after what was regarded by some as a coup.

“We do not recognise this as a coup, although obviously there has been a change,” replied Lord Howell, “We still need to establish the full circumstances of what occurred and we hope that the commission of inquiry will do that.”

Lord Howell was also anxious to make clear the view of the FCO that the Maldives remained a safe tourist destination. “At the moment we do not judge that there is any danger in the tourist areas.”

Next, Lord Howell was asked what steps CMAG might take if they were not successful in pushing for early elections, to which he responded:

“If they are not, of course we would have a new and more difficult situation that would require further resolution and effort. For the moment, we concentrate on following the plan which the Indians have so helpfully brokered.”

Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed, part of the new governing coalition, accuses the Commonwealth of seeking to build a church in the Maldives, Special Envoy Sir Donald McKinnon of taking bribes from the MDP, and the Queen of being “physically challenged”:

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Free media too much for Maldives to digest: Maldives Media Council

Following the attacks on media property during Monday’s unrest, Maldives Media Council (MMC) President Mohamed Nazeef has expressed doubt over whether a free media can flourish in the Maldives at the present time.

“We see that although we talk of democracy and freedom of media and expression, I don’t think society is ready to digest a free media,” said Nazeef.

After protests against the reconvening of the People’s Majlis turned violent, Villa Television (VTV) bore the brunt of the angry demonstrations. Projectiles aimed at the studio included bricks – and in one instance, a bicycle – while the Maldives National Defense Force (MNDF) personnel manned the building’s entrance.

The anger of Maldivian Democratic Party (MDP) supporters towards VTV has been building since the events of February 7 when staff of the then-state broadcaster Maldives National Broadcast Corporation (MNBC) were ordered to patch through the VTV broadcast.

VTV is owned by Jumhoree Party (JP) Leader and MP Gasim Ibrahim, also a member of the Judicial Services Commission (JSC). Gasim’s chain of Villa Island resorts have been placed on a recent travel advisory of UK-based pro-democracy organisation Friends of Maldives (FOM).

“These are places linked to individuals or groups who we suspect to be involved in the subversion of democracy and in human rights abuses in the Maldives,” reads the advisory.

In a video aired on Raajje Television earlier this month, Gasim was seen celebrating inside police headquarters upon hearing of former President Mohamed Nasheed’s decision to resign.

MDP spokesman Hamid Abdul Ghafoor alleged at the time that the video proved “Gasim’s blatant complicity in the coup d’état.”

The nation watched VTV on state television before the feed was cut off and came back on, re-branded as Television Maldives (TVM), the name of the state broadcaster during Gayoom’s regime.

The MDP have since alleged that the national broadcaster is “being blatantly used as propaganda outlet of the coup regime, while the ongoing peaceful political activities of the MDP are being sidelined with little regard to the MBC’s mandate and the nation’s laws under which the MBC is functional.”

When asked if the MNDF had been stationed outside the television studios in anticipation of an attack, Colonel Abdul Raheem responded, “We didn’t get any intelligence that there would be attacks. It was not only VTV [that was guarded], we had persons around all key locations.”

The camera of a photographer from the Haveeru paper was also destroyed by protesters during Monday’s unrest, although Editor Moosa Latheef said he did not believe this instance was politically motivated.

Latheef reported no increase in aggression towards his reporters during the recent political strife.

In January, journalists working for the then state broadcaster MNBC were badly beaten during a protest outside the corporation’s headquarters. Preceding these attacks MNBC reporters received death threats, an MNBC official reported at the time.

Free Media?

MMC President Mohamed Nazeef lamented the politicisation of media outlets and the animosity that this produced from sections of the public: “It is a very sad situation.”

The MMC consists of fifteen members elected to preserve, promote and maintain the freedom of the press.

“The media is owned by political and business leaders. Do journalists have freedom to report what they like?” asked Nazeef. “It doesn’t happen.”

Nazeef blamed a lack of financial independence for a dearth of balanced content. “Media organisations are not financially viable. They are dependent on the owners.”

Government subsidies have been used before to try and tackle this issue, but Nazeef argued that this method was not without its problems: “It goes into the pockets of the owners.”

Whilst deploring the violence that was directed at VTV on Monday, Nazeef was not surprised.

“It shouldn’t happen, but you see the media provoking it. [Media] know [they] are taking sides… Media should balance their content.”

Aiman Rasheed of Transparency Maldives was of a similar opinion: “The media situation is clear – different media are aligned behind different people… [We] see conflict extended to the media.”

Transparency Maldives conducted a study last year into the performance and potential bias of six media organisations of which VTV was included (as was Minivan News). The amount of coverage devoted to its owner’s JP was noted as “significantly high” and largely positive.

Meanwhile, the Maldives dropped 21 places on Reporters Without Borders’ press freedom index between 2010 and 2011. The organisation also expressed its concern over the takeover of MNBC on February 7.

Fathimath Ibrahim Didi of the NGO Maldives Democracy Network agreed that a free media was a crucial concept but added, “What we want to stress is that, at the same time, it is very essential for the media to be responsible.”

“Most of the media stations in Maldives are owned by businessmen in who are somehow affiliated with a political party. Hence there is a very high probability for the media to be biased towards one side while reporting.”

Private station DhiTV is financed by ‘Champa’ Mohamed Moosa, a local businessman and political benefactor of the former opposition, while the recently opened Raajje TV belongs to Akram Kamaaluddin, state minister at Nasheed’s administration.

Among the most popular local news websites, newspaper Haveeru is owned by Dr Mohamed Zahir Hussain, who filled various cabinet posts under Gayoom’s administration and has now been appointed as chancellor of the Maldives National University by Dr Waheed, replacing his former party member Dr Mustafa Luthfy.

Sun Online belongs to Meedhoo MP and resort tycoon Sun Travel Ahmed Shiyam.

Minivan News was itself often been accused of MDP bias due its inception as a party news source. Following the change of power in 2008, all funding from politically-affiliated sources was removed. Since then the site has relied on income generated through banner advertising and has passed to a succession of foreign editors who have attempted to establish it as a credible and objective source of news in the Maldives.

Despite the ownership of media, Fathmath thinks reporters can play a crucial role in maintaining neutrality.

“Reporters themselves should also maintain neutrality at all times. We as citizens would like to see non-contradictory information or interpretation regarding one incident from all the media outlets of the Maldives,” Fathimath concluded.

Correction: An earlier version of this article incorrectly stated that DhiTV was owned by Hassan ‘Champa’ Afeef. DhiTV is financed by Mohamed ‘Champa’ Moosa. Minivan News regrets any confusion caused.

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Legal wrangling begins over MDP camp seizure

The seizure and dismantling of the Maldivian Democratic Party’s (MDP) camp in the south-east coast of the capital by security forces has sparked debates over the legality of their actions.

The camp, often referred to as “Justice Square” at Lonuziyaaraiy Kolhu had served as the base for MDP protests since the resignation of former President Mohamed Nasheed in February.

During a press conference at Iskandar Koshi last night, Police Superintendant (SP)Ahmed Mohamed noted that the “operation [at the camp] was executed with regard to complaints received that major illegal activities were taking place”.

Following the raid, police displayed a case of beer cans and a barrel of home brewed alcohol – reportedly seized from the camp – to local media.

The SP also cited constitutional obligations which include the maintenance of law and order in the face of criminal activities as a reason for the dismantling of the camp.

“The violence in Male’ was also linked to the protesters who started the demonstrations from the Lonuziyaaraai area,” Mohamed alleged.

MDP’s response

Meanwhile, the MDP has denied all allegations about the camp and filed a civil suit against the Maldives National Defence Force (MNDF) and the Maldives Police Service (MPS) arguing that the security forces had acted unconstitutionally on a number of counts when dismantling the party’s camp.

In the first hearing of the case last night, the Attorney General’s (AG) Office justified the raid.  She argued that the raid was executed without a court order, on the grounds of suspected criminal activity in the camp, according to the head of the MDP’s legal team, Hissan Hussian, in an interview with Minivan News today.

According to the AG’s office, the suspected illegal activities negate any need for a court ordered warrant.

Hisan explained that the MDP’s defence calls on Article 19 of the constitution, amongst others.  These articles provide freedom from restraint in any activities unless the activities’ restraint is expressly authorized by law.

Should the veracity of the police’s suspicions be supported, they could provide the legal cover necessary to nullify this aspect of the MDP’s argument.

Additionally, the apparent discovery of alcohol at the camp yesterday may jeopardise the MDP’s defense under Article 19 which does not guarantee protection of any activities prohibited under Shari’ah.

The finding of alcohol has been questioned by the MDP, which has argued that a media blackout immediately following the military occupation gave time for such evidence to be planted.

Hissan claimed that basic rights to private property had been infringed due to the actions of security forces.

MDP spokesman Hamid Abdul Ghafoor meanwhile has complained that property belonging to the party members were seized during the raid and “nothing has been returned”.

“They [police] have even eaten the food [at the camp].” Ghafoor alleged.

Police however have stated that all property owned will be returned to the rightful owners and that officers “had not inflicted any damage to any item confiscated from the area.”

The other “reasonable limits” to which the constitution’s basic freedoms are subject to will no doubt form a major part of the next hearing which is scheduled for Wednesday at 4pm.

Ownership debate

Should the MDP’s constitutional arguments prevail, it is likely that they will still have to overcome the issues of jurisdiction regarding the camp area.

Attorney General Azima Shukoor was reported as having told local media yesterday that the area around the tsunami monument belonged to the Maldives National Defence Force, invalidating any deals made between the MDP and the Maldives City Council (MCC).

This argument has been used before by the Defense Ministry who have argued that 3,800 square metres of the south-eastern corner of Male’ were granted to the MNDF in 1997 owing to its strategic significance. State Minister Muizz Adnan confirmed to Haveeru on March 14 that this was the case.

This claim is disputed by Hissan who felt this agreement was superseded by the 2010 Decentralisation Act, under which the land was transferred to the MCC. The land was then leased to the MDP, with the lease running until the end of July.

This view has been corroborated by Mayor of Male City, Ali Manik, who also told Haveeru that the council had not been informed of the security forces’ intentions.

The Attorney General’s Office explained during the court hearing on Monday night that the reason a court order was not required was because the space was a public one.  Attorney General Shukoor referred Minivan News to the police for further comment on the issue.

Hassan Latheef of the MDP’s legal team doubts that this argument is “watertight”.

“Ninety-five percent of Male’ belongs to the state, so this is a questionable policy. There should be a warrant. One should not go into private property,” said Latheef.

Controversy over the area’s use has been building for some time. The decision to extend the MDP’s use of the area until the end of July was contested, with Council member Ibrahim Shujau in particular feeling that it was unfair that one group monopolise a public space for such a length of time.

Local media recently alleged that the MCC had denied a medical emergency helicopter from using the area’s helipad.

Similarly, there have been reports of complaints being made regarding the noise created by the camp and the disturbances caused to local residents.

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Youth Alliance march for unity

Yesterday around 250 members of the Youth Alliance marched down Male’s Majeedee Magu hoping, somewhat ambitiously, to promote a non-partisan message of peace and unity. Dressed all in white, the group made it’s way down Male’s busiest street accompanied by white balloons, drums, and smiles.

The group included supporters from both the Maldivian Democratic Party (MDP), the Dhivehi Rayithunge Party (DRP), and the Progressive Party of the Maldives (PPM).

The start of the march was held up after some supporters of the MDP allegedly attempted to block the Alliance’s path, resulting in a slight delay near the intersection with Chandhanee Magu, shortly after the group had departed from the Social Centre on its way to the Carnival grounds.

At this stage, some marchers decided to abandon the protest, fearing that the event might become a politicised one. Although the group had requested that the event remain politically neutral, some ‘where’s my vote?’ placards could be spotted.

It is also alleged that some PPM supporters attempted to organise a separate gathering to draw support away from the Youth Alliance march.

Disgruntled motorists sounded their horns behind the group as it edged its way along the route. Amidst the crescendo of beeps, one motorbike, riding just behind the group in white, escorted another potential saboteur who chanted “Baaghee Waheed” over a loudspeaker.

One of the group’s organisers, Aishath Hana, was keen to stress that the group did not receive any funding from politicians for their efforts, despite rumours to the contrary.

“We organised this walk for our nation and we even spent our own money to organise this event” said Hana.

Those tailing the group, loudspeaker and all, turned south Boduthakurufaanu Magu while the Youth Alliance turned north towards the Carnival grounds.

Upon reaching their destination, the group gathered in formation to make a peace symbol before singing and dancing to the bodu beru. Hana was happy with the day despite the interruptions, “It was a success…We want to thank everyone who joined in our walk.”

“We had to overcome many obstacles but we made it.”

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President interviewed by BBC – “The last thing I want to do is circumvent the constitution”

President Dr Mohamed Waheed Hassan was interviewed last week by Steven Sackur for the BBC’s flagship news programme ‘HARDtalk’.  Former President Mohamed Nasheed spoke with the uncompromising Sackur one month ago and the current president’s appearance on the show was no less hard-hitting.

When introducing the president, Mr Sackur contrasted the idyllic “heaven” of the Maldives’ image in the tourism industry, with the “political hell” of “street protests, sporadic violence and parliamentary chaos.”

In Sackur’s first question to Waheed, he referred to a recent press release during Waheed’s tour of Shaviyani Atoll. Waheed was asked how he could describe the country as having changed for the better?

Waheed explained that the last three years had seen an erosion of the constitution’s values and the rule of law in the country and that he felt he had an opportunity to put democracy “back on track.”

Sackur went on to contrast this response with a statement Waheed had, as the former vice-president, given to the United Nations General Assembly last September.  In the statement, Waheed said “Maldivians enjoy more freedoms today than at any other point in their history”, describing the Maldives as a “harbinger of the Arab awakening”.

At this point, Waheed drew upon the example of the military detention of Chief Justice Abdulla Mohamed, positing this as a breach of the people’s basic rights to freedom from arbitrary arrest and freedom from fear.

This answer prompted Sackur to ask whether this incident was sufficient to justify a coup. Waheed denied that there had been a coup.

After asking Mr Waheed to comment on the opinions of his brother, former Deputy High Commissioner to the UK, Naushad Waheed, that the current government was illegitimate, he responded that his brother’s loyalty to Nasheed was understandable, having been appointed to a senior diplomatic post by the former President.

Leadership?

The intensity of the interview climaxed as Sackur pressed Waheed to commit to the early elections that have been called for by the opposition Maldivian Democratic Party (MDP) and the Commonwealth.

Waheed steadfastly maintained that as the President, he was constitutionally able to move elections forward only 120 days. Whilst theoretically in support of early poll, his continued deferral to the People’s Majlis appeared to wear thin with Sackur.

Waheed: “[Nasheed] can have elections this year if the parliament approves an amendment to the constitution…I am all for it and I have already said that I will encourage and work with all political parties…”

Sackur interrupted, “So when? When would you like to see the election?”

“As early as the Parliament wants” responded Waheed hesitantly before again being cut off by his interviewer.

“Yes but when? Show some leadership here. You have taken the job, you are the President, tell me when these elections could take place – the earliest moment,” prodded Sackur.

“We have several political parties here. This is not a dictatorship” responded Waheed.

After this exchange, Sackur was able to gain Waheed’s assurance that the arrangement for early elections ought to be the first order of business for resolving political deadlock in the country.

This commitment itself was significant as a major stumbling block in the all-party talks has been the failure to agree on an order of precedence for the seven-point agenda, of which early presidential elections is just one point.

This impasse resulted in the opening of Parliament on March 1 being blocked by the MDP who are poised to do the same with tomorrow’s rescheduled opening.

Faustian Pact?

The next line of questioning concerned the controversial make-up of Waheed’s government, which has come under scrutiny due to a number of representatives who also worked under the authoritarian President Maumoon Gayoom.

After Waheed had highlighted the MDP’s refusal to trust his administration, Sackur commented: “Maybe by throwing your lot in with Gayoom’s people he doesn’t feel you’re deserving of his trust. Let’s remember, Gayoom is the man who made him a prisoner of conscience, who in effect forced you into exile for years.”

“Gayoom and his people are not committed to democracy,” continued Sackur, “Why are you working with them?”

Waheed defended his appointments, arguing that there are seven political parties involved in his cabinet and that only three of the fourteen are from Gayoom’s Progressive Party of the Maldives (PPM). He also added that some of Nasheed’s closest allies had worked in Gayoom’s cabinet.

“This country is a small country” said Waheed, “Gayoom was ruling this country for thirty years. Most of the people who have got education here went through higher education during his time. Government was the biggest employer so almost everybody had some role in this government.”

After being asked about the brutal suppression of demonstrators the day after Nasheed’s resignation, Waheed argued that those protesting Nasheed’s government at the start of the year were dispersed similarly and “nobody made a big deal of it”.

He did concede that the police force was in need of better training in order to build people’s confidence in its capability.

At this point, Sackur summarised his argument by asking the President if he had ever wondered in his “darker moments” if he had “engaged in a Faustian pact?”

The journalist continued to suggest that this ‘deal with the devil’ may mean things in the Maldives will get worse before they get better.

Waheed responded, “We have a situation here where it’s Nasheed’s way or no way. All the political parties are working with me, they represent a majority of the people in this country…The only disturbances that are caused here are caused by Mr Nasheed’s supporters.”

To conclude, Sackur asked how long this “Very difficult phase in the Maldives current politics was going to last?”

“I hope not too long” replied Waheed, “Even today I met with the parliamentary leader of Nasheed’s party and I have assured him that I would support any decision of the parliament to hold early elections”

“I have assured him that we will have elections, even if the parliament can’t agree, we will have elections as early as possible under the current constitution.”

The leader of the MDP’s Parliamentary group, Ibrahim Mohamed ‘Ibu’ Solih,  emerged from the aforementioned meeting reporting his disappointment that no progress had been made.

Waheed was allowed the final word: “We have come to this point because we have not respected the constitution and we have not respected the rule of law. The last thing I want to do is circumvent the constitution.”

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MDP demonstrates to mark International Day Against Police Brutality

The Maldives Democratic Party(MDP) has announced its intention to mark 2012’s International Day Against Police Brutality with peaceful protests in Male’ and across the country. The day will be observed for the first time in the Maldives since its inception in 1997.

In a press release, the MDP said, “Since the overthrow of the Maldives’ first democratically elected President, Mohamed Nasheed, on 7th February, the Maldives has experienced a major rise in the frequency and severity of police brutality against peaceful protesters and supporters of MDP”.

Following the resignation of Nasheed, images of the police’s treatment of civilians, including footage of beatings and the widespread use of pepper spray, were viewed across the world.

MDP Chairman Moosa ‘Reeko’ Manik’s treatment at the hands of the security forces was particularly well publicised. Interviewed in his hospital bed, Moosa recalled the words of a police officer he says took part in his beating: “We want to kill you. Do not think you can behave like you do and get away. You will have to die today”.

The security force’s reactions prompted retaliatory attacks across the atolls with police property attacked and destroyed. This animosity between the public and the police appeared to have taken on a more personal dimension last week when a police officer along with his two brothers were attacked in Gemanafushi in Gaafu Alifu Atoll.

On March 7, Amnesty International condemned the security force’s use of what it regarded as “excessive force” against protesters in the Lonuziyaarai Kolhu district of Male’.

This marked the second time in as many weeks that the police and Maldives National Defence Force (MNDF) had received censure from the human rights group. Amnesty reported that a group of women attempting to march during a speech given by President Dr Mohamed Waheed Hassan on February 26 in Addu were assaulted by MNDF members.

Amnesty’s representative in Male’ Abbas Faiz, said “When police officers act like political opponents towards demonstrators, they erode respect for the rule of law and cast doubt on their impartiality as officers of justice.

Demonstrations prohibited in green zone

Police Sub-Inspector Ahmed Shiyam was keen to stress that today’s protests would be handled peacefully by police providing they are conducted in a peaceful manner: “but if there is confrontation, police will take necessary action.”

When pressed as to what he regarded as “confrontation” Shiyam referred to the prohibition of demonstrations within the security zone surrounding the police and MNDF headquarters on Republic Square. In this instance, he said he could not rule out the use of force.

Demonstrations within this zone on March 6 prompted the use of high powered hoses on women holding a sit-down protest outside the President’s Office.

Again, on March 8, protesters marking International Women’s Day attempted to march through the security area and were held back by police cordons prompting a lengthy but, this time, peaceful stand-off.

Regulations dating from previous administrations prohibit the entry of large groups of people into the area in question, Shiyam has previously reported.

An opposition protest within the restricted zone outside MNDF headquarters, assisted by elements of the police, led to the resignation of former President Mohamed Nasheed, allegedly “under duress”.

Shiyam stated that the reasons for recent incidents of excessive force were being investigated by the Commission for National Inquiry (CNI) as well as the Police Integrity Commission (PIC).

“If there is any problem with the police, it will be solved” he said.

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