Supreme Court elections decision clears path for Addu City – Dr Sawad

A Supreme Court decision to allow the election of a municipal council to serve within Addu has effectively ruled in favour of government plans to provide city status to the southerly atoll, Attorney General Dr Ahmed Ali Sawad has said.

Dr Sawad said that the last minute decision taken yesterday by the Supreme Court to repeal an earlier Civil Court ruling disallowing Addu Atoll to hold city status was final and would not face the scrutiny of any additional appeals after today’s polling.

Elections set to appoint a council to serve a newly formed Addu City were cancelled by the Elections Commission earlier this week by the Civil Court, after it invalidated the criteria established by the Local Government Authority to determine cities.

Dr Sawad said that the Supreme Court had now effectively ruled in favour of the government’s aim to have Addu Atoll recognised as a city.

Haveeru reported that the five Supreme Court judges unanimously ruled that the Civil Court decision to invalid the city criteria had the potential to create conflict in Maldivian society, as well as violate the legal rights of candidates contesting the election in Addu.

Following the Supreme Court order, Elections Commissioner Fuad Thaufeeq recalled an earlier decision to cancel the election in Addu – however it still remains unknown as to how the confusion impacted voter turnout.

The Supreme Court decision was met with criticism from Ahmed Thasmeen Ali, leader of the opposition Dhivehi Rayyithunge Party (DRP), who claimed that the party had been severely hindered by the short notice given to participants for the elections.

“It was clearly announced [the Addu elections] would not be today,” he said. “[The decision to hold them] has given the Maldivian Democratic Party (MDP) an advantage due to their larger finances. We should have had more time to allow constituents to return.”

Thasmeen said that the party would reluctantly follow the ruling of the Supreme Court nonetheless.

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Complex election and “appallingly low” voter education could mean many invalid ballots

Local NGO Transparency Maldives (TM) has expressed “deep concern” at low levels of voter education and “backtracking of transparency standards” set by the Elections Commission after previous elections.

“Appallingly low levels of voter education combined with persistent media bias/propaganda, use of state resources by the ruling party, and backtracking of transparency and accessibility standards previously set by the interim Elections Commission in the presidential and parliamentary elections are issues of concern,” the NGO said.

TM is coordinating the national domestic observation of the local council elections, covering Male’, Hulhumale’, Villingili and 38 other islands across 14 atolls. Together with 20 partner NGOs, the observers will cover two-thirds of the country’s ballot boxes.

The TM team will also be scrutinising three main TV stations, four radio stations and three print media “for bias, objectivity and quality of reporting during the election.”

In a pre-election statement, the NGO commented that “an environment of mistrust between the election administration, the government, political parties, candidates and the media has contributed to a decline of trust in electoral systems.”

“Given the complexity of the election and the low level of voter education, Transparency Maldives anticipates a high percentage of invalid ballots. Transparency Maldives also believes that this will contribute to raising tensions as the margin for winning and losing will be low due to the small number of eligible voters spread over a high number of candidates.”

™ however commended the EC for “spearheading a meaningful, although a limited and delayed, voter education program in Male’ and the atolls.”

“Transparency Maldives also appreciates the readiness of the Elections Commission in preparing for the Election Day.”

A small team of international observers from the Commonwealth are also present in the Maldives, but are not formally monitoring the election.

“We don’t normally observe local council elections, but the Elections Commission asked us. We’re not formally monitoring the election – we won’t be doing press releases or making public announcements, but we will produce a report for the Commonwealth Secretary General and this will like by passed to the Elections Commission,” explained Alison Pearman, Policy Officer with the Political Affairs Division of the Commonwealth Secretariat.

Besides Pearman, the Commonwealth team includes Commissioner Florence Kebbie (National Election Commission of Sierra Leone), Zenaida Moya-Flowers (Chairperson of the Commonwealth Local Government Forum and Mayor, Belize City Council), Anuya Kuwar (Project Officer – Asia region, Commonwealth Local Government Forum).

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“Democracy cannot not be consolidated without decentralisation”, says President

Local council elections will consolidate democracy, President Mohamed Nasheed said yesterday during a speech for Maldives National Day, marking the 451st anniversary of the Maldives gaining independence from Portuguese rule.

However, he said, democracy could not be consolidated without decentralising the country, which until now has been Male’ centric.

“This administration does not intend to centralize all the powers in the capital, and the country will not progress without relinquishing powers concentrated in Male’ for centuries,” Nasheed said.

Revolts occurring against governments in many countries in the Middle East was the result of suppressing people’s freedoms and liberties, he said.

Safeguarding the people’s freedom of expression, assembly and peaceful political activism was a prerequisite of sustainable national development, added the President.

Basic rights of the people and safeguarding these rights for future generations were central to the current political and socio-economic changes in the Maldives, the President said.

“The most important part of preservation of the new found freedoms and rights in the Maldives is redefining the national identity based on Islam, human rights, culture, and socio-economic progress of this country,” Nasheed said.

Nasheed also paid tribute to Mohamed Thakurufaanu, the National Day hero who restored the country’s independence after Portuguese rule.

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Election atmosphere “so far peaceful”, say police

The Maldives Police Service has said that it has so far received no reports of major violence during the country’s first local council elections taking place today, despite fears about potential clashes between rival supporters from authorities and several NGOs.

Police Sub-Inspector Ahmed Shiyam said that despite “little misunderstandings” at some island-based polling stations, there had been no major clashes reported during the last few days.

“There have not been much [elections] violence so far today, yesterday or the day before that,” he said. “We are trying to work with the Elections Commission (EC) in regards to any problems, though there hasn’t been much confrontation.”

The claims were made as one local NGO, the Maldivian Democracy Network (MDN), reported that it has received “a concerning number” of reports of election-related violence in the three weeks running up to today’s local council elections, as it aims to compile a report on the role violence has played during campaigning.

During polling time itself, Shiyam said that certain “misunderstandings” had been reported to have occurred at some ballot boxes, where confusion had arose over whether one constituent was able to correctly see how he would be casting his vote.

“As someone was casing their vote, allegations were made that the constituent in question was blind, while others denied there was a problem,” he said.

As part of a UN Development Programme (UNDP) funded initiative aimed to try and systematically record instances of violence relating around the elections – both before and during polling –the MDN has said that it hopes to put forward measures to mitigate major violence and disturbances in future elections.

MDN Executive Director Ahmed Irfan told Minivan News that it would not be revealing specific instances of violence recorded by the report concerning the involvement of specific parties or individuals until after the local council elections had taken place.

Irfan claimed that the report would use accounts from both witnesses and the authorities to try and produce an in-depth account of violence surrounding the council elections.

“We’re doing a number of things such as sending people around the islands to get second hand accounts of the violence, while also consulting with police and the Elections Commission,” he said.

Irfan added that he believed that political groups had so far been “entirely open” in discussing the role of violence during the current campaign.

“We feel the [report] process has been entirely open and have already met with some parties for feedback,” he said.

Irfan claimed that the group will be going back to parties to see if there are any additional cases of election-time violence once voting has concluded.

“It is MDN’s most fervent hope that the elections on February 5, 2011 will be held in a peaceful, free and fair manner in which everyone can exercise their constitutional right to vote, free from fear and intimidation,” the MDN stated. “This can only be achieved with the sincere support and cooperation of all those involved.”

Reiterating similar concerns about election violence, the police last week called on the country’s politicians to curb rhetoric that could stir up violence, after allegations that a group with allegiances to the ruling Maldivian Democratic Party (MDP) has attacked Dhivehi Rayyithunge Party (DRP) MPs on the island of Kaandehdhoo in Gaafu Dhaalu Atoll.

The MDP denied that any of its members were involved in the confrontations.

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Elections Commission removes ineligible council candidates from ballot

The Elections Commission has taken action to remove 29 candidates planning to stand in today’s local council elections following a Supreme Court ruling on their eligibility.

Haveeru reported that the decision was taken yesterday to cancel the candidates’ standing in the elections, but 11 of the names would still be appearing on ballot papers.

According to the report, polling station heads will strike out the invalidated names in the presence of each voter.

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Maldivian staff to wear blonde wigs, confirms Olialia brand manager

Maldivian staff at the proposed Lithuanian ‘Blondes only’ resort will wear wigs, Olialia Brand Manager Lauryna Anuseviciut has confirmed in an interview with Associated Press.

Anuseviciute told AP that “staff who are not blond will wear a blond wig to make everyone look similar.”

Companies in the Maldives are required to employ at least 50 percent local staff, few of whom have blonde hair.

Plans for the resort are still at an infant stage, but early designs show the island will be shaped as a gigantic high-heeled shoe.

Anuseviciute insisted to AP that Olialia had already secured financing for the plan, however the Maldivian government says it has yet to issue a permit or even see a proposal.

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Blue VS yellow: election fever comes to a head

Streets of blue and yellow flags and posters of politicians carpeting every available surface leave little doubt that election fever has hit Male’, ahead of the country’s first local council elections.

Maldivians will go to the polls on Saturday to elect local councilors in the third major election since the introduction of multi-party democracy.

Candidates will compete for nearly 1100 positions across island, atoll and Male’ city councils.

According to data from the Elections Commission, the Maldivian Democratic Party (MDP) will be fielding approximately 930 candidates, and the opposition Dhivehi Rayyithunge Party (DRP) around 880. Of these, the MDP is fielding almost 60 women, the DRP 80. The religiously conservative Adhaalath Party is fielding 53 candidates, including two women, while the Jumhoree Party has 46 candidates and the People’s Alliance (PA) eight candidates, the same number as the Dhivehi Qaumee Party (DQP). The Vice President’s Gaumy Iththihaad Party (GIP) has 10 candidates.

Several key themes have emerged during the election campaigns, as both major parties convince voters of their respective merits.

President Mohamed Nasheed has spearheaded the MDP’s campaign, touring the country and highlighting government projects on each island, the number of people receiving welfare, completion dates for harbours and other such metrics of government assistance.

The DRP campaign has followed a divergent path after a factional split between leader Ahmed Thasmeen Ali and former Deputy Leader Umar Naseer, who was dismissed by the party’s disciplinary committee just prior the party’s election campaign but contends his dismissal was against the party’s regulations.

The relationship between the two remains frosty after a party rally in mid-December descended into a factional brawl, after supporters of the dismissed Naseer gatecrashed the venue.

However, the split has given the party two fronts in the campaign – “It has worked in their favour since they have been able to cover more fronts than the MDP,” observed the President’s Press Secretary, Mohamed Zuhair.

Opinion poll

Significantly, the local council election triggered the return to politics of former president and DRP ‘Honorary Leader’ Maumoon Abdul Gayoom, apparently backing Umar Naseer’s faction, despite anointing Thasmeen as his successor following his retirement from politics in February 2010.

Gayoom remains an enigmatic figure in Maldivian politics. The extent of his popularity since the DRP’s win in the parliamentary elections over two years ago is unclear, given the absence of independent and impartial political polling in the country and passionate partisan politics.

By his own account, recorded in a letter to British Prime Minister David Cameron late last year, “I continue to enjoy the strong support, love and affection of the people, and have been voted by the public as ‘Personality of the Year’ in both years since stepping down from the presidency.”

Certainly his return shook the MDP – Zuhair observed that Gayoom’s presence will “certainly get [the DRP] more votes. After 30 years of tenure many people still believe he is their benefactor.”

DRP MP Ahmed Mahlouf has previously suggested that the MDP was afraid of Gayoom and the loyalty he inspired in the party faithful.

“Gayoom is the only person with popular support, and that was clearly seen in the parliamentary election. [The MDP] are scared he will run in 2013,” Mahlouf said, on Gayoom’s return last month.

The MDP contends that its infrastructure and development projects have won over many islanders – hence the focus of the election campaign. However many Maldivians – especially Thasmeen – still live in the shadow of their ‘Honorary Leader’ of 30 years and blame the MDP for the many teething problems and political upsets of the fledgling democracy.

Gayoom’s return has raised the stakes, for both major parties. The results of the local council elections will serve as the first national opinion poll in two years, revealing both the extent of Gayoom’s continuing influence and whether the MDP has been able to successfully convince people that its politics are progressive.

The Addu factor

The cancellation of the City Council elections in Addu Atoll, has, in the words of a senior source in the President’s Office, “effectively disempowered 30,000 Adduans for the sake of vested political interests”.

It has also cost Rf220,000 (US$17,100) in wasted public money, according to the Elections Commission (EC), which was today defending itself from the MDP’s political wrath over this speed-bump in the party’s ambitions to decentralise the country.

A referendum held in October 2010 over the administrative consolidation of small islands, while suffering voter turnout of less than 30 percent, was overwhelmingly against the proposal – except in Addu Atoll, where the islands of Hithadhoo, Maradhoo, Maradhoo-Feydhoo and Hulhudhoo endorsed it, while only the islanders of Feydhoo and Meedhoo did not.

“In my view, the results of the referendum showed very clearly that citizens of the atoll want to develop as a city. So we will designate Addu Atoll as one city island,” President Nasheed announced.

The plan was derailed by the opposition Dhivehi Qaumee Party (DQP), when Deputy Leader Imad Solih succeeded in January of getting the Civil Court to rule that Nasheed did not have the authority to declare Addu a city as the criteria to do so had not been established.

That led to the burning of an effigy of Solih and protests outside the home of the party’s leader, former Attorney General Hassan Saeed, by both angry Adduans and MDP activists. One of the latter observed that the DQP’s case was something of an “own-goal” given that Saeed is himself Adduan.

Nasheed quickly corrected the technicality by installing Home Minister Hassan Afeef in the contentious Local Government Authority (LGA), which published the requirements for a city that afternoon in the government’s gazette.

Then, days before the election, the Civil Court ruled in a second case that the city criteria was invalid as it required “a majority”. Unable to wait for legal wrangling, the Elections Commission formally cancelled the local council elections for Addu, removing them from the contest and next to guaranteeing upheaval on Saturday.

“[The DQP] are arguing that the government is acting against the constitution, which is not correct,” Zuhair stated. “There is no rule stipulating the number of members required on the LGA. We will appoint the LGA and reissue exactly the same criteria, but because of this, Addu will have no representation on the Authority.”

Independence remains a sensitive subject for the southern atolls, particularly Addu, which in 1959 led the formation of a short-lived break-away nation called the United Suvadive Republic, together with Huvadhu Atoll and Fuvahmulah.

This was crushed in 1962 when Thinadhoo was destroyed on the orders of then-President Ibrahim Nasir, and the island of 4800 depopulated.

In one of history’s odd parallels, the Adduan under whose name the second Civil Court was filed was also a Nasir.

“He’s a cook on board a safari boat. He’s registered with the Vice President’s party [GIP], but our information suggests the DQP is behind this,” said Zuhair.

DQP-aligned news website, Maldives Today, waxed lyrical about the “proud son of Addu” who had succeeded in cancelling the atoll’s elections.

“He might be a crew of a wooden ship that carries rice, flour, and other consumables from Male’ to Hulhudhoo and Meedhoo. But nobody thought that this crewman might challenge the highest authority in Maldives. He challenged the president of Maldives in the civil court regarding how the criteria was set to make his home land Addu a city,” wrote the website.

“Some rogue elements within Addu blindly says that he is a villain,” it added.

The government has said it intends to appeal the decision, but that is unlikely to happen before Saturday, when the entire country will vote apart from Adduans. Protesters have already barricaded two courts, television news crews have been sent to the atoll, and there have been dark mutterings about the atoll’s potential for secession.

Zuhair contended that the intention of the opposition’s disruption was “simply to portray the government as ineffective – to make a political point.”

“The opposition [to decentralisation] in Male’ is there because traditionally the atoll and island chiefs have looked to influential office bearers in Male’ for what they need. This election will make them the masters of their own development,” he claimed.

“For example: in Male’ the planning department will design a 200 by 300 foot harbour for 20 islands, none of which are the same size. Many harbours are built this way, without local involvement.”

Expensive proposition

The new layer of government introduced by the elections will cost the Maldives over US$12 million a year in salaries and allowances, or US$220,000 per month. The President of every island council will receive a salary and allowance of Rf 15,000 (US$1160), council members Rf 11,000 (US$850). The mayor of Male’ will receive Rf 45,000 (US$3500).

In addition to salaries, explained acting Finance Minister Mahmoud Razee, parliament has allocated a further Rf200 million (US$15.5 million) to office expenses – at a time when the country has a double-figure deficit, a crippling foreign exchange shortage and complete reliance on a single industry.

“At this point in time we have to increase revenue and decrease waste – that’s the only way we can afford this,” Razee said, adding that the government was continuing to work with the Civil Service Commission (CSC) to “right-size” the bloated civil service.

“Nothing is easy in politics, but we have a moral obligation to do so. Insofar as the government and the CSC are concerned, our objectives are not far apart.”

Foreign consultants were, he said, presently working with the civil service to determine “if positions are required, and that the grade they are paid matches the work they are doing.”

Their report, he said, could be ready as soon as March-April. However international funders such as the World Bank and the International Monetary Fund were last year expressing a growing frustration with the Maldives’ tendency to put politics above economics, and the bill for the local council elections had not escaped their notice.

One senior MDP figure, questioned as to whether the Maldives was in a position to afford local government – or, for that matter, anything – responded with a cavalier “we’ll figure it out after the elections”.

UN Resident Coordinator Andrew Cox summarised the problem.

“This is going to be a very interesting experience, perhaps in some ways a difficult experience for the Maldives,” he said.

“We all know the challenges of development in the Maldives; the geography makes transport very expensive, very difficult, and some of the islands which are inhabited are very small. It can be very hard sometimes for some of these islands to have their voice heard at a national level.

“The opportunity that is offered by these elections is that people can take greater responsibility for the government which affects them on a day to day basis, and it’s very interesting in theory. But in practice, how is that going to work?”

Local Council Election Guide (English)

Credit: Analysis spreadsheet prepared by Aishath Aniya. Data sourced from Elections Commission.

Correction: A calculation error in an earlier version of the election spreadsheet mistakenly listed the number of independent candidates as 2500. The actual number is 765. This has been corrected.

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NGO aid overdependence may hamper effective national development, says UN coordinator

The high number of NGOs operating in the Maldives dependent on foreign aid may be setting back effective development in areas such as health and human rights, according to UN Resident Coordinator Andrew Cox.

At the launch of a new wave of UN joint funding, Cox told Minivan News that he believed current numbers of Maldivian NGOs “could not be sustained” with about 700 such organisations registered within the country.

Cox claimed that the funding unveiled today was being supplied in an attempt to steer future aid projects into specific areas of interest in the community where NGOs could effectively support and maintain themselves to benefit local people in the long-term.

A total of nine grants, which are jointly funded by the UN (UNDP) Development Project and the Australian Agency for International Development (AusAID), were today unveiled as part of the first of three batches of funding to support projects by NGOs and civil society organisation (CSOs).

The projects, which range in budget and duration from four to eight months, are aimed at encompassing issues such as human rights, governance, rights-based developments and gender equality, according to the UNDP.

Although not related directly to this weekend’s council elections in terms of timing, Cox said that the focus of the local elections to transfer a strong amount of governing responsibility to islands and atolls away from Male’ tied into the grants’ intended purpose of steering country-wide developments.

“The point of today is we can see that civil society organisations and NGOs can play a major role in bringing meaning to this transfer of power from the centre to the local level. Obviously that is not going to happen on every island or even every atoll,” he said.

“But community organisations; working with some of the most disadvantaged and trying to give them poise is a key part of what local democracy is about. What I really want to see coming out of these grants and the ones which come along in the future is more of the same kind of thing.”

Grant beneficiaries

The list of beneficiaries of these grants includes:

• Take Care Addu; received US$20,514.98 to try empowering NGOs to protect and promote human rights on Seenu Atoll and Fuahmulah for seven months

• Maldivian Democracy Network; received 18,815 to monitor political violence for the first local council elections over four months

• Maldives Deaf Association – in collaboration with Care Society; 24,928 over eight months to help create awareness of the United Nation’s convention on rights of people with disabilities

• Raajje Foundation Maldives; US$20,980 on a six month project looking at civil society and democracy to be implemented in two atolls

• Maldives Civil Servants Association (MCA); provided US$21,151 for funding five month projects in Male’ and other atolls

• CHOCO; US$18,400 for six months development of a “masterplan” for Huvadhoo Atoll

• Lhohee Zuvaanunge Club; received US$15,347 for the raising of public awareness of local governance and empowering women in Noonu Atoll

• Billedhoo School Isdharivarunge Jammiyya; provided US$15,634 for protection of women’s rights and their role in political and social spheres for a four month project

• HIRIYA; US$14,340 for a four month project aiming to strengthen the role of women youth leaders

According to Cox, the projects, which were selected by the UNDP’s own Grants Gommittee were geographically focused to try and benefit as wide a group of people as possible.

In terms of monitoring the aid, Cox said that the grants committee had focused on trying to find key long-term areas that future funding could efficiently support in the country without depending on continued foreign aid.

“The applying organisations had to show that this is a way of not just blowing off some cash, but that this might strengthen things in the area they are focusing on,” he said. “We’ll have to see how it goes, but if we see some useful trends coming out of this we will try and steer the remainder of resources towards this.”

When asked whether potential suspicion from some people or groups over the motives of international bodies such as the UN and AusAID in supplying financial aid was a problem, Cox claimed that he had not heard of any such criticisms of the Society Development Project funding.

In addressing prominent concerns in supplying the funding, the UN Resident Coordinator said that ensuring long-term benefits from the aid packages was particularly important due to the high number of NGOs currently operating in the country, which he claimed could not be sustained on current national levels of financial resources.

“In the long run, especially in a country like the Maldives, you can’t have NGOs that are dependent on international funding because it won’t continue forever,” he said. “So the idea of projects like this, at least in theory, is that you can provide funding for very particular activities and you hope that the resources that provides allows for professionalization to help develop stronger management structures.”

One possible solution to concerns over an over dependency on foreign aid according to Cox could be the emergence of a number of “champion” or strong NGOs focusing on a number of “key issues” like reproductive health, drugs and human rights.

“One of the things we try and push NGOs to do – which can be a difficult sell – is to look to their own communities and the people who support them to find the reasons they exist and find ways that resources can be mobilised nationally and locally,” he said. “On a secondary level, you need a number of organisations to hold the government accountable, it happens in the UK, it happens in Sri Lanka and slowly it is happening here.”

In practice though, Cox said that such changes were beginning to be seen in the Maldives, but added that they would still take some time to develop.

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AG Office appeals to overturn Civil Court’s ruling on Addu City Council

The Attorney General’s office has appealed at the High Court to overturn a Civil Court ruling that the criteria established by the Local Government Authority to determine cities are invalid.

The High Court of the Maldives said that the case was now in the High Court but it had not yet scheduled the hearing.

The Civil Court delivered the verdict day before yesterday after the case was filed in the court by Hassan Nasir of Hulhudhoo, a citizen of Addu Atoll.

In response to the allegations in the trials conducted in Civil Court the state argued that the Decentralisation Act does not say that the presence of all the members of the Local Government Authority are required when making a decision.

However, the judges ruled that the Local Government Authority was a national institution, and therefore its work was to be conducted similar to how other institutions were conducted.

The first time President Mohamed Nasheed declared Addu Atoll a city, the Dhivehi Qaumee Party (DQP) filed the case in Civil Court, citing a law that a Local Government Authority shall be established to make a city, and the Local Government Authority shall also establish a criteria to determine cities and determine whether the subject atoll metthe requirements.

The Court then ruled in favor of DQP and ruled that president did not have the authority to declare Addu Atoll a city without completing the procedure mentioned in the Decentralisation Act.

The day after, President Nasheed established a Local Government Authority consisting solely of Home Minister Hassan Afeef. Afeef established the criteria and determined that Addu Atoll mets the requirements to become a city. The president then declared Addu a city for the second time in January this year.

With four days before Addu was to hold its City Council elections for the first time, the Civil Court ruled that the Local Government Authority’s criteria was invalid and the Elections Commission was forced to cancel the City Council elections.

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