Category: Politics

Police clash with journalists during opposition protests

Several journalists from different media organisations have reported violent police attacks on journalists covering the opposition Dhivehi Rayyithunge Party (DRP)-led protest last night.

The protest began last night as a gathering in front of party’s head office, but degenerated into a riot when protesters marched to the President’s official residence of Muleeage.

Police attempted to restrict the activists from going any further when they reached Sosun Magu, but demonstrators broke through police lines and continued their march.

A journalist from Miadhu, Three journalists from DhiTV, two journalists from VillaTV, one from newspaper Miadhu and a photographer from Haveeru reported they were attacked by the police.

The two journalists from VillaTV were also arrested, handcuffed, and released the same evening.

Editor of DhiTV Midhath Hilmy claimed that three journalists from DhiTV were injured during the riot.

“One was hit by a tear gas canister and his head was bleeding, another journalist’s leg was injured,” said Midhath. “Police hit another DhiTV journalist three times in a chest with a baton.”

Midhath said all the journalists from DhiTV was wearing their press identification and were carrying video cameras.

Police were the persons supposed to protect the journalists, Midhath said, adding that he regretted the police attacks and hoped it would not occur next time.

‘’According to video footage take by journalists, I can see police have tried to stop the coverage and sometimes had covered the camera by putting their hands on it,’’ he said. “They also ordered the media to stop the coverage.’’

Editor of Miadhu Abdul ‘Gabbe’ Latheef told Minivan News that according to the injured Miadhu journalist, the police attacked her with baton while she was showing them her press card.

‘’She told me that some of the police referred to her rudely, while other police officers provided assistance to her,’’ said Latheef. “The media should condemn these actions.”

Latheef said he understood that the police were in a difficult situation and  “had communication errors and difficulty identifying journalists.”

‘’The case should be investigated by an independent body,’’ he added.

Local media reported that police actions were violent and hostile, and that police attacked the journalists deliberately while they were staying in the area police officers had advised them to remain in.

However, Police Sub-Inspector Ahmed Shiyam denied the claims and said some of the journalists working in the area had begun to show the characteristics as the opposition activists and engaged in hostile confrontations with the police.

‘’Some journalists opposed police orders and refused to stay in the security zone,” Shiyam said. “It would have gone smoothly if they had worked according to the orders,’’ said Shiyam. “Some journalists who opposed the police were moved away by using force.’’

He also claimed that journalists had tried to break the police lines and pass through the cordon. A Minivan News journalist was meanwhile obstructed from entering the area to cover the incident.

President of the Maldives Journalist Association Ahmed ‘Hiriga’ Zahir described the incident as “a black day for journalism in the Maldives”, and claimed that at least nine reporters were attacked by police with batons and shields.

“We will investigate each and every injury and ask journalists to send us their accounts of the incident.”

While those injured “were members of the mainstream media, reputable journalists”, Hiriga said he had heard reports that there might have been other journalists in the area “from an underground website”.

“It is an issue and some people have argued that the government should issue media accreditation,” Hiriga said. “The MJA doesn’t agree the government should do this – it needs to be an independent body.”

Image courtesy Maldives Journalists Association.

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Parliament shuts down over partisan deadlock

Speaker of the Parliament and opposition Dhivehi Rayyithunge Party (DRP) MP Abdulla Shahid cancelled all sessions of parliament this week, after this morning’s session collapsed on points of order.

Maldivian Democratic Party (MDP) Chairperson and MP Mariya Ahmed Didi said that parliament sessions had ceased since the Supreme Court issued an injunction on parliament’s endorsement of cabinet ministers last week, and accused the opposition of obstructing the parliament from debating any other matter.

“The Speaker and Deputy Speaker have tried really hard to put other items on the agenda,” she said, “but the DRP is not allowing it.”

“It’s very irresponsible, they can’t hijack an entire institution. There are so many things to be done,” Mariya said.

Attorney General Dr Ahmed Ali Sawad said that the Supreme Court’s injunction related “only to Majlis deliberations on the question of cabinet confirmation.”

“Parliament is best suited to determine the course of it’s [own] calendar.”

The DRP has meanwhile called the government’s filing a case in the Supreme Court as a “delaying tactic”.

MP Ahmed Mahlouf said during the party’s protests last week that it had been three months since the reappointment of Nasheed’s ministers following their dramatic mass resignation and “we want to hasten the process of approving the ministers and are pressuring the government to be faster. We do not believe these ministers are acting legally.”

The opposition favours individually approving ministers, while the government wants a ‘block’ endorsement.

Independent MP Mohamed Nasheed described these as ‘retail’ and ‘wholesale’ interpretations of the procedure. This, he said, represented a far greater divide than the current Supreme Court case over 171(i) of parliament’s rules of procedure.

“I think they are two different matters. 171(i) is the clause the government claims is unconstitutional, a clause which tasks ministers to appear before committee and answer questions regarding their sector [under oath],” Nasheed said.

“Parliament can freeze that issue until it is decided in the Supreme Court, and even while this matter is in court other business can continue. But the DRP’s argument is that matters cannot be debated without ministers present – and approved. Not a response to the Supreme Court’s injunction per se, rather they feel the government has filed the matter in the Supreme Court as a delaying tactic.”

The Supreme court today granted minority opposition party People’s Alliance (PA), headed by the former President’s brother in law Abdulla Yameen, access to the proceedings.

The political divide, he said, “is a far greater problem that will not be solved by a court decision.”

“The government, backed by MDP, want a block vote. DRP wants to dismiss six ministers. Those are the two extremes. 171(i) is minor.”

Unlike the recent deadlock over the interim period and the appointment of a Supreme Court, that was ultimately resolved by the two parties holding peace talks outside the chamber, Nasheed said the position was so polarised and both parties had so far to fall that it was unlikely any compromise would be easily negotiated.

“Parliament is now deadlocked. The main parties control 65 of the 77 seats. Even one person standing can disrupt the chamber,” he said.

The current situation is symptomatic of the heavily partisan politics in the Maldives. Nasheed’s ministers briefly resigned in the middle of this year claiming that the opposition-majority parliament was obstructing them from performing their constitutional duties. The former ministers then led several rallies, while the police investigated several MPs for corruption and treason over vote-buying allegations.

The symbolic stunt brought international attention to the political deadlock between the executive and the legislature, and led to a number of appeals for the President to respect the law and ‘play by the rules’. At the same time, plunging public confidence in the impartiality of the judiciary or its oversight body, the Judicial Services Commission, meant the executive had no third arm of government in which to resolve its disagreement. Less than two weeks later, all ministers were reappointed.

Parliament’s endorsement of the ‘resigned’ cabinet now appears to be the price the executive is paying for increasing the political heat in June. Press Secretary for the President Mohamed Zuhair has said that endorsing ministers individually would effectively amount to a series of no-confidence motions – theoretically, a “retail” interpretation of the procedure would allow the DRP to use its majority to dismiss cabinet in its entirety, except for Nasheed and the Vice President Mohamed Waheed.

The cross-party cooperation that finally achieved the appointment of a Supreme Court on conclusion of the constitution’s interim period suggested collaboration was not impossible, and drew widespread praise – even if much of the debate took place in secret peace talks outside the chamber.

Yesterday, UN Resident Coordinator Andrew Cox described many of the issues created by the spat between the executive  and the legislature as “avoidable”, observing that political parties in the Maldives “have opposed each other and blocked key legislation as a matter of principle, even if there is no substantive disagreement.”

The UN and the international community, had, he said, “watched with concern as short term political interests have threatened to put the nation’s long-term interests at risk.”

Today, MP Nasheed noted that despite a great many bills remaining to be passed, five of parliament’s functions were now on hold with seemingly little chance of resuming until either side capitulated.

“Ultimately it is the country that is suffering,” he said.

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“Political parties blocking key legislation on principle”: UN Resident Coordinator

The UN and other development partners have “watched with concern as short term political interests [in the Maldives] have threatened to put the nation’s long-term interests at risk,” said UN Resident Coordinator Andrew Cox at today’s celebration of UN Day.

“The Executive and the Parliament have faced off on avoidable issues, and contributed to rising tensions. Political parties have opposed each other and blocked key legislation as a matter of principle, even if there is no substantive disagreement,” Cox stated.

“The judiciary, already in need of strengthening, has faltered. It has been disrupted by political pressure, inflicting lasting damage on its independence and reputation. Equally, the constitution and separation of powers have come under tremendous strain.”

Tensions between the emergent three arms of government, each testing their limits, were preventing the Maldivian people “from savouring the fruits of this hard-won democracy.”

The only way forward from such political instability, Cox said, was dialogue: “Debate, dialogue and exchange of ideas are key features of a democratic society.”

Quoting former UN Secretary General Kofi Annan, Cox said that “What matters is that all peoples accept the need to listen; to compromise; to take each other’s views into account. What matters is that they come together, not at cross purposes but with a common purpose: to shape their common destiny.”

The UN would assist in ensuring the country’s first local council elections were conducted freely and fairly, Cox said.

“In addition to this crucial event, the UN is committed to support the establishment of an enabling environment for effective decentralisation. We hope that this will make services and political power more accessible, accountable, and transparent to the people.”

Vice President Dr Mohamed Waheed Hassan, UN staff and assorted high commissioners attended the event this afternoon at the UN building, to mark the 65th anniversary of the UN.

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President calls on political parties to strengthen internal democracy

President Mohamed Nasheed has highlighted the importance of internal party elections and expressed hope that political parties in the country will be able to consolidate internal democracy in his radio address.

‘’One of the main aims of party system was to identify qualified people for public offices and build future leaders,’’ said Nasheed. “Such candidates must have a consistent political philosophy, purpose and perspective.”

Nasheed said that election procedures may differ from one party to another adding that It is something that have to be decided by the party members.

Nasheed also congratulated Maldivian Democratic Party (MDP) leadership for their recent party elections.

Meanwhile, Dhivehi Qaumee Party (DQP), led by Dr Hassan Saeed, has issued a press statement responding to the remarks of President Nasheed.

‘’MDP has so far conducted no work to promote and uphold  democracy and has never tried deliver the benefits and advantages of it to the citizens,’’ the  statement said. “Former MDP memebers who attempted to strengthen internal democracy in the party have now left due to the dictatorial characteristics of Nasheed.’’

The statement also claimed that ever since Nasheed became the Chairperson of MDP, the party was a ‘’one man show.’’

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Police to investigate vandalism of Supreme Court

Police have launched an investigation into the last week’s vandalism of the Supreme Court, the former palace of Maumoon Abdul Gayoom, after black oil was sprayed onto  the walls of the building,

The vandalism occurred during a week of opposition-led protests, triggered by a disagreement with the government over the process of endorsing the reappointment of cabinet ministers. The Supreme Court last week ordered the parliament to delay the cabinet endorsement until the court delivers a ruling.

The court also issued a statement calling the act “disgraceful”, claiming that it “tarnishes the reputation of the court.”

The Supreme Court has now filed the case with police. Sub-Inspector Ahmed Shiyam said police were investigating the matter, but that so far nobody had been arrested in connection with the crime.

The court also said the official name board of the court was also sprayed with the oil.

DRP MP Dr Abdulla Mausoom said DRP’s protests were not an objection to the ruling of the Supreme Court.

“We protested to express our concern over the actions of the government for disrespecting the constitution and deliberately attempting to delay the cabinet endorsement,’’ said Mausoom.

Mausoom said DRP’s protest last week was concluded “precisely on the decided time”, and that it had no connection with the act of vandalism.

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JSC President deserts emergency meeting, refuses to adopt House Rules

The Chair of the Judicial Service Commission (JSC) deserted an emergency meeting of the JSC Thursday night, refusing to meet members’ demands for adoption of the Commission’s House Rules as a matter of high priority.

The JSC’s deadline for adopting House Rules, as stipulated in Article 40 of the Judicial Service Commission Act, expired ten months ago on 26 January of this year.

Without House Rules, the Commission’s work has no set standards of procedure according to which to carry out its responsibilities, allowing for Commission business to be conducted on an ad hoc basis, and according to the discretion of the Chair himself.

JSC is the independent body Constitutionally mandated with oversight of the country’s judiciary. It is responsible for maintaining the standards, principles, ethics and discipline of members of the judiciary.

Chair of the JSC Supreme Court Justice Adam Abdulla convened Thursday’s emergency meeting, which he later deserted, to discuss the impending departure of three Chief Judges who are travelling abroad to finesse their English Language skills.

The JSC is required to appoint substitute Chief Judges to replace any that leave their post on a temporary or permanent basis.

Four members of the JSC, however, refused to discuss the substitutes’ appointments unless Justice Abdulla acceded to their requests to put House Rules adoption at the top of the Commission’s agenda when it meets later today.

Justice Abdulla refused the demand of the dissenting members who included the Attorney General Ali Sawad, JSC Lawyer Ahmed Rasheed, Member of the General Public, and President’s Member Aishath Velezinee. He chose to abandon the meeting instead.

Criminal Court Chief Judge Abdullah Didi, one of the three judges scheduled to travel to India yesterday to brush up their English Language skills, joined Justice Abdulla in the walkout.

In a leaked audio recording of Thursday’s meeting listened to by Minivan, Chief Judge Didi is heard urging Justice Abdulla to leave saying, “Let’s go. Nothing can be done in this place. Let’s leave, Adam”.

The two men then walked out of the meeting. Both the matter of the House Rules and the matter of appointing substitute judges to stand in for those taking English lessons remain yet to be addressed.

Minivan has learned this morning that Criminal Court Chief Judge Abdulla Mohamed remained in Male’, foregoing the English language training after the JSC’s failure to appoint his substitute.

The two jurisdictions without a magistrate, however, could remain a legal limbo until the JSC appoints substitutes.

Chief Judge of the Criminal Court Abdulla Mohamed is one of the six judges under official investigation by the JSC for alleged misconduct

So far the Investigating Committee of the JSC appointed to look into allegations against Judge Didi has spent over a Rf100,000 solely on reimbursing its members for their attendance. The Investigating Committee, too, is yet to adopt any House Rules.

Before deserting the meeting Justice Abdulla told the dissenting members of the Commission that nobody had the authority to impose conditions on him, as stated in a press release issued by the JSC on Thursday night.

JSC regulations state that any matter which the Commission, or any member of the Commission, wishes to include in the agenda of its meeting should be duly included in the agenda.

When contacted by the media subsequent to the JSC press release, Justice Abdulla said he walked out because he could not tolerate what he described as “the vulgar behaviour of Velezinee”.

Justice Abdullah did not mention that three members of the JSC other than Velezinee, including the Attorney General, had joined together in demanding the adoption of House Rules as a matter of urgency.

Placing the blame squarely on Velezinee’s behaviour, he told the media she had “belittled the importance of the meeting” and accused her of being a disruptive force in the Commission’s work.

“Yes, I do try and disrupt the ‘work’ that they do”, Velezinee said. “They are not carrying out the responsibilities as required by the Constitution. It is my duty, and the obligation of every member of the JSC, to ensure that the JSC performs its proper functions.”

Velezinee said certain members of the JSC appear to have a false perception of the Commission as “a welfare organisation for members of the judiciary with the oversight to ensure their individual and collective well being”.

Justice Abdulla’s claims that Velezinee’s behaviour forced him to leave the proceedings contradict the press release by JSC, and also the proceedings as heard in the leaked audiotape.

When referred to the the JSC press release, which had been issued after his desertion and of which he was not aware until contacted by the media, Justice Abdulla told Haveeru that it was not a valid document as it had been issued without a required approval of the majority.

After the recent controversy over Article 285 of the Constitution and the re-assembling of JSC at the end of August, however, JSC had approved three senior Secretariat staff as media spokespersons with the authority to brief the media.

Dismissing Justice Abdulla’s claims as a frequently used strategy of “character assassination to deflect attention from the JSC’s sustained negligence of its Constitutional responsibilities”, Velezinee listed a variety of issues deliberately left out of the JSC agenda.

“Adopting the House Rules and other regulations required of the Commission under the JSC Act, appointing Justices to the High Court, and appointing a Secretary General to JSC”, she said, are vitally important issues that are yet to receive any attention.

Velezinee said that without House Rules the JSC has not been able to perform some of its chief responsibilities such as preventing impunity among judges and building public confidence in the judiciary.

The Complaints Commission of the JSC, mandated to examine complaints against members of the Judiciary, for instance, has met only once in the last five months despite having over a hundred complaints awaiting its examination.

To date JSC has not settled a single complaint it has received regarding the conduct of a judge.

Minivan has also learnt that Judge Abdulla ignored requests by the US Embassy and Commonwealth delegations to meet with the Commission, and failed to inform Commission members of such requests.

The 10-member JSC voted Justice Abdulla as Chair with five votes, while waiting to decide whether or not to investigate his involvement in the High Court Declaration of 21 January 2010.

The Declaration removed High Court Chief Justice Abdul Ghani from JSC accusing him of misconduct and installed Justice Abdulla as head of JSC.

Meanwhile, Justice Abdulla moved up to the Supreme Court, vacating the High Court seat in the JSC. To the seat was returned Chief Justice Abdul Ghani, who had been removed from the JSC by the High Court Declaration only months previously.

The allegations of misconduct against Chief Justice Abdul Ghani have not come to the fore since his re-instalment at the JSC.

A report of the International Commission of Jurists (ICJ) is due out soon, revealing the findings of its visit to the Maldives last month. The ICJ delegation was lead by former UN Special Rapporteur on the Independence of Judges and Lawyers, Dr Leandor Despuoy.

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Family Court seeks marriage registrars – women need not apply

The Family Court is looking for twenty marriage registrars. The conditions are that they be graduate followers of Sunni Islam, in possession of a sound mind, lacking a criminal record and, male.

Article 142 of the Constitution states that judges should consider Islamic Shari’ah when deciding on matters on which the Constitution or the law is silent.

On the issue of discrimination, the Constitution is clear. Article 17 prohibits discrimination against anyone on the basis of their gender while Article 20 states that ‘every individual is equal before and under the law’.

Hassan Saeed, Chief Judge of the Family Court, and his deputy, Hassan Shafeeu were both unavailable for comment throughout the day.

Deputy Minister of Islamic Affairs Ahmed Shaheem, an expert on Shar’iah, told Minivan that he would need more time to study the issue before commenting.

Shaheem also stated that he was unaware of a woman having been appointed as a registrar of Muslim marriages in any Islamic country.

The first Muslim female marriage registrar (maazouna) in the Islamic world was appointed in Egypt in October 2008, where the Constitution also enshrines the equality of men and women.

The then 34-year-old Master’s graduate in law, Amal Suleiman Afifi, was the first female marriage registrar in the Middle East, and as suggested by Egyptian press at the time, possibly the first in the Islamic world.

Despite the qualifications of Afifi, whose educational background was far superior to all other applicants, her appointment as a registrar was a contentious issue.

After a long legal battle and a religious edict (fatwa) from Egypt’s Grand Mufti Ali Gomaa, one of the world’s most recognised Islamic scholars, the issue was finally resolved in Afifi’s favour.

Gomaa’s fatwa declared there are no restrictions in Islam on women to act as marriage registrars.

Speaking to Egyptian newspaper, Al-Ahram Weekly, Gomaa said that in Islam a marriage registrar is a mere administrator, whose role was developed by the state to manage records and guarantee the legitimate rights of the parties concerned.

The maazoun, as he explained, has nothing to do with the pillars of the Islamic marriage. Therefore a woman’s signature on the contract does not violate Sharia.

Most of the objections to the appointment of a woman to the job of a marriage registrar were centred around the fact that in Islam, not one woman but two are required for the role of one witness.

Grand Mufti Gomaa’s ruling was that in executing the role of a marriage registrar, Afifi should not be considered a witness, but rather an official. As such, her signature on the contract does not in any way contravene the rules of Islam.

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Letter on Hulhumale’s rubbish

Dear Editor,

I spoke to the Municipal Section In-charge of the Hulhumale Development Corporation (HDC) regarding the waste dumped at various wastelands (unused goathi) of Hulhumale’, and also the waste dumped at the bottom of the beautiful bushes beside brand-new pavements.

I understand that the authority tried to solve this problem by keeping waste bins at various locations but failed to solve the problem because people started dumping household waste and waste from the shops, so that they stopped keeping the bins.

Similarly, I have seen very old sick people, with the family members’ support, boarding on MTCC Ferries and looking for a seat when there are seats reserved for them. Neither the captain nor the crew is able to help our beloved senior citizens or the sick, by letting them have their reserved seats on the ferry.

Since the authority for the Municipal Section of HDC is also the chairperson for Hulhumale’ Crime Prevention Committee working together with Hulhumale’ Police, I feel sorry that they had no solution other than to stop keeping the bins in public areas. I also feel sorry that the captains keep quiet, watching such inhuman scenarios, while he has the authority to question passengers who disobey rules like not purchasing a ticket before boarding the ferry and so on.

I think what’s actually happening is that the hospital has no concern over the issue because at the moment this waste has not caused an epidemic. Police have no concern over the issue because they feel people would not like them for interfering in their freedom to do whatever they want.

HDC has no worries over the issue because they get monthly rent from these wastelands, and they get no complaints from the public who believe they can do anything they want and it’s their freedom to do so.

I think all the government and non-governmental agencies must work together to strengthen the monitoring mechanism and action taking so that those who are responsible do their job in order to keep Hulhumale’ clean and attractive. A country can never afford to watch such scenario and wait until the issue becomes a difficult and expensive problem like drugs, murder and so on. As we all know, drugs and murder was not an issue here before but can we say it’s not an issue today?

So, why can’t we all join together to stop such crimes in our society before it’s too late?

Regards
Saeed

All letters are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write a letter piece, please submit it to [email protected]

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Tear gas used in second night of protests

Police used teargas to disperse a crowd of opposition supporters outside the President’s Residence of Muleaage last night, following a second night of protests.

The protests have been sparked by a parliamentary deadlock after the Supreme Court granted the government a temporary injunction on Monday, blocking the endorsing of cabinet ministers until a ruling on the process can be issued.

The Dhivehi Rayyithunge Party (DRP) wants to endorse ministers individually, while the government claims the procedure is “ceremonial” and that this would be tantamount to a series of no-confidence motions.

Shortly before midnight, police took 15-20 DRP members into custody including Ali Arif and MPs Ahmed Mahloof and Ahmed Nihan, after the gathering left behind the main group of protesters near Sultans Park and approached Muleaage. demanding to see President Mohamed Nasheed.

“We are seeing a rising dollar crisis, housing crisis and many other things – look at the long line of people outside the Bank of Maldives every morning,” said Nihan.

“We called out to Nasheed to come out and meet us to solve these problems. We told police it was a peaceful gathering.”

The Maldives National Defense Force (MNDF) arrived five minutes later, Nihan said.

“MP Mahlouf was severely injured because of pepper spray. Mahlouf and Arif were handcuffed and we were taken to police headquarters and detained for an hour without reason. It was very peaceful, and we sat on cushioned chairs,” Nihan stated.

Police apprehended the group at 11:35pm, he said. “Very few of us made it though to Muleaage. The rest of the demonstrators were near Sultans Park.”

Police Sub-Inspector Ahmed Shiyam said the MPs and demonstrators “were not really arrested. They tried to cross the MNDF line and police tried to send them back, but they were eventually taken to police headquarters,” he said.

No injuries were reported to protesters or police, he said.

Miadhu reported minority opposition Jumhooree Party (JP) leader Gasim Ibrahim as saying that the handcuffing of MPs was “unjust and illegal”.

“The police should be the furtherest of people away from being unjust and oppressive. They should not be biased to any party or any colour,” Gasim told Miadhu.

Nihan emphasised that the DRP was not disputing the Supreme Court’s injunction on the cabinet re-endorsement.

“We will always take into consideration the rule of law to ensure it prevails – in any court, not just the Supreme Court,” Nihan said.

“The government needs to accommodate the opposition, and accept that we are not out to topple them but rather to make them accountable,” he said.

The Supreme Court has meanwhile released a statement condemning “uncivilised” vandalism of the building last night, after crude oil was thrown on the walls, vegetation and name board around midnight.

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