Day: March 20, 2012

Elections and “judicial interference” among key topics in president’s inaugural address

Pursuing parliamentary-mandated early elections and avoiding interfering with the country’s judiciary are among a number of social and economic commitments outlined in President Waheed’s first state of the nation address.

In a heated Majlis session that took place yesterday, Waheed was finally able to deliver his constitutionally-mandated address to open parliament after several unsuccessful attempts.

However, he was still forced to give the speech amidst loud heckling and vociferous protests from within the Majlis chamber by Maldivian Democratic Party (MDP) supporters.

The MDP protests were designed to stymie parliamentary functions until a date was set for early elections amidst concerns over the legitimacy of the present government. These protests were condemned yesterday by Commonwealth Special Envoy Sir Donald McKinnon, whose organisation has backed early election calls.

Despite the interruptions, an unofficial transcript of the address can be found on the President’s Office website here.

The speech itself outlines some of the key policies that Waheed will hope to perform in his capacity as president.

Policies

These policies include measures for taxation, international relations and plans to “empower” the independence of institutions like the Majlis and the country’s judiciary by not “interfering” with their work.

Previous attempts to bring reforms to the Maldives courts, at least in line with certain international judicial standards, have proved a controversial issue in the recent political upheavals that saw former President Mohamed Nasheed “resign” from office in a move later alleged to be the result of a “coup d’etat.”

However, President Waheed used his speech to commit himself to constitutional rule, despite the “coup” allegations surrounding his rise to the country’s top office.

“My highest priority is to perform the duties of the president in line with the constitution and laws of the country,” read Waheed’s speech. “I assure you that I will not take any action that goes against the constitution or law. Neither will I interfere with the work of the Judiciary.”

Speaking to Minivan News today, President Waheed’s spokesperson Abbas Adil Riza said that the new government hoped to “strengthen” independent institutions like the parliament and the courts.

Riza claimed that over past three years, the executive branch under former President Mohamed Nasheed was often involving themselves in parliamentary and judicial affairs that were supposed to function independently as separate bodies under the constitution.

“We want to empower institutions not interfere with the decision they are taking,” the spokesperson said. “The president will give all the help he can to parliament. For instance on March 1, [a parliamentary session abandoned owing to anti-government protests in the chamber] President Waheed could have held the Majlis session with military officers to support him. Nasheed had done this in 2010 and 2011, but he chose not to. Even when he was being insulted.”

Beyond his own bodyguards, Riza said that President Waheed would not have any other external military forces in the Majlis.

Judicial interference

Amidst concerns over the independence and ethics of the nation’s judiciary by a former president-appointed member of national court watchdog, the Judicial Services Commission (JSC) as well as international bodies like the International Commission of Jurists (ICJ) and the EU, the conduct of judges became a major issue of the Nasheed presidency.

Upon eventually coming under international condemnation for the arrest of Criminal Court Chief Judge Abdulla Mohamed, Mohamed Nasheed’s government then requested assistance from the international community to reform the judiciary over claims that national security was otherwise threatened.

Although Nasheed is no longer in office, Riza stated that the new government would continue to work with organisations and legal teams from the commonwealth and the EU on judicial reform and the proposed all-party roadmap talks.

“The president is liberal enough to take advice on these issues.”

Referring to providing early elections, one of the key aims of MDP protesters that have attempted to stop the president from giving his speech at the Majlis, Waheed said that if that if a presidential vote was “required” at an earlier date, he would begin work on constitutional reforms to support it.

“I will do everything in my power to bring together all the political leaders, to hold discussions on the matter,” he said.

Riza said that the use of the term “required” related to a mandate from parliament to hold fresh elections, though he stressed constitutional reforms were vital in ensuring that any leader elected in early polls would have a full constitutionally-mandated term of five years.

“If parties are not willing to have two elections in 18 months, clauses need to be amended and the legal mandate to do this can only be through parliament,” he said.

International relations

In regards to diplomatic relations, President Waheed said that his government aimed to protect the Maldives’ sovereignty and Islamic identity, whilst collaborating with foreign governments in areas such as preventing terrorism, piracy and arms smuggling.

“The government will accord a high priority to strengthen relations with countries that respect our sovereignty and are concerned about our national well-being,” the president stated. “One of the key objectives of our foreign policy is to secure foreign aid for economic and social development.”

In addressing what the comments could mean for the country’s existing relationships with international partners, particularly in regards to the previous government’s decision to open diplomatic relations with Israel, Riza said it was too early to tell at present.

“Our position is being reviewed right now on this. The foreign Minister is working on what line to take,”

The country’s relationship with Israel under Mohamed Nasheed was deeply unpopular among some sections of the public, who called for the government to withdraw plans to allow Israeli airliners to bring tourists to the country. Some political parties at the time alleged that the Nasheed government itself held a “zionist agenda”.

Among other key points raised within the speech transcript were calls for no one individual in the country to endanger the country to protect the interests of a “few”.

“Political stakeholders should work to ensure that Maldives is free from political turmoil and that citizens live without fear,” read the statement.

Addressing the number of violent clashes that have taken place between security forces and civilians since he came to power last month, Dr Waheed said there were significant costs to be recovered.

“State buildings were burned down and destroyed as a result of these unlawful acts,” the address read. “In Addu City and Huvadhoo Atoll, which were among the most affected areas, the cost of destruction to Island Councils, buildings under the care of these councils, homes of citizens, and police stations is currently estimated at more than Rf 180m.

In considering the country’s religious heritage, the president reiterated the Maldives’ status as a 100 per cent Muslim nation that did not afford for other religions to be practiced.

“The government will work to revive the spirit and strengthen the principles of Islamic faith among the people,” the president stated.

Addressing economic factors, Waheed stressed that the country was currently undergoing economic vulnerability with a deficit between state expenditure and state income said to currently amount to slightly over Rf3bn (US$200m)

“Estimates for 2012 indicate that the debt component of the current account in our Balance of Payments will increase by 11 per cent as compared to 2011,” stated the president. “With respect to GDP, debt of our current account will go up to 28 per cent. This figure in 2011 was 26 per cent. The main reason for this rise is the expectation that imports will increase, resulting in an increase in expenditure for these imports.”

Riza said that the government was not willing to increase the state budget further and would look to find methods to “live within in its own means.” In order to try and balance its books, the government said it was looking into further financial reforms with the aid of the private sector.

While not presently wishing to review taxation reforms, Riza stressed that the government would not be looking to increase the current 3.5 percent rate tourism Goods and Services Tax (GST) introduced last year as had been suggested by the Nasheed government.

In areas of trade, the president said he would look to strengthen opportunities for small and medium enterprises, while also trying obtain “reasonable” prices for a Maldives fisherman’s catch.

“Work is in progress to obtain the Marine Stewardship Council’s Certificate which will enable Maldivian fishermen to get a better price for fish caught through the pole-and-line method,” Waheed said. “Last year, a number of training programmes have been conducted with the aim of increasing the skills of farmers and achieve greater productivity in our agriculture industry. A special school is to be established in Laamu Atoll to conduct agricultural research and training.”

Tourism

As the country’s foremost source of income, President Waheed claimed that the current government had already achieved a number of positive results regarding tourism. He claimed that counter measures against travel advisories issued in some major tourism markets along with potentially unfavourable headlines were one such example.

“I plan to form a Tourism Advisory Board to determine policy directions for tourism and address the challenges currently faced by the tourism industry,”

Like his predecessor, the new president pledged to be outspoken internationally in regards to the plight small nations faced from the potentially destructive impacts of climate change.

“The government will encourage the voice of small island nations to be heard in the global arena with regard to climate change,” added the president. “The Maldives will always participate in voicing out concerns of small island nations”

Issues relating to housing, sanitation and health were also mentioned in the speech transcript.

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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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Haveeru Chairman Dr.Zahir appointed as university chancellor

President Dr Mohamed Waheed has appointed the chairman of local newspaper Haveeru, Dr Mohamed Zahir Hussain as the chancellor of the Maldives National University. The presentation of the letter of appointment was held this afternoon at the President’s Office (PO).

Dr.Zahir served as the Minister of Education for more than 11 years under former President Maumoon Abdul Gayoom’s administration.

Furthermore, under the same administration, he had also served as the Minister of Youth Development and Sports, the President of the Maldives College of Higher Education, Special Advisor to the President, and Senior Minister at the President’s Office.

According to the PO website, speaking at the ceremony, the President noted Dr.Zahir’s services in the education sector of the country and expressed his confidence that Dr Zahir Hussain would apply his vast experience for the advancement of the National University.

Zahir’s appointment comes following the resignation of Dr.Musthafa Luthfy, who resigned from the post on February 19.

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EC employees strike over pay, demands resignation of 3 members

Employees of the Maldives Elections Commission (EC) have halted work this afternoon in a dispute over pay, while also demanding the resignation of three commission members they accuse of bias.

Around 45 EC employees who attended office today halted work at 2pm and moved to the commission’s meeting room where they staged a sit-down strike.  The list of reasons for the strike  were displayed on a projector screen, according to a senior employee who spoke to Minivan News on condition of anonymity.

The list included five separate accusations:

1.Employees doubt the impartially of commission members

2.Intimidation of staff

3. Lack of appreciation of staff

4. Making baseless accusations against employees

5. Commission members working for self-interest in violation of laws and regulations.

The strike concluded at 4pm today, though is scheduled to continue during tomorrow’s office hours, the employee noted, “until the commission agrees to the demands”.

“We are are mainly dissapointed over our pay, which is much lower than what the employees of other independent institutions are earning”, the employee claimed. “We receive 45 percent of our salaries as an allowance because the job prohibits us from working anywhere else and restricts our political freedom to prevent conflict of interest”

“Therefore, we are asking the commission to give us a monthly living allowance equivalent to that of Civil Service Commission (CSC)’s employees” the EC employee explained. “The living allowance will be a maximum of Rf3000 [USD194] only.”

Furthermore, he alleged that staff had serious concerns over the “lack of integrity and independence” of three members of the five seat commission; Mohamed Farooq, Ali Mohamed Manik and Ogaru Ibrahim Waheed.

“They are not working impartially,” he claimed, adding that Farooq had argued against giving living allowances to employees. “But if you look at the audit report alone, the members have spent thousands in violation of the public finance regulations in buying mobile phones, ipads and covering phone allowances”.

“We are demanding the resignation of Farooq, Manik and Waheed if our demand for living allowance cannot be fulfilled,” he added.

Minivan News could not reach commission president Fuad Thaufeeq or deputy Ahmed Fayaz Hassan at the time of press.

However, both were quoted in the local media saying that discussions were ongoing over releasing living allowances to the commission’s employees.  A final decision has not been made on the matter.

The pair have not responded to allegations of bias directed at three members of the commission.

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Police claim 99 arrested following yesterday’s unrest

Police have reportedly arrested 99 people following violent confrontations yesterday during protests led by the Maldivian Democratic Party (MDP) to disrupt President Dr Waheed Hassan Manik’s presidential speech.

Police have told local press that 80 men, 13 women and six minors were among those who were arrested.

Of those arrested, 14 suspects were said to have tested positive for illegal drugs, though security officials did not specify what substances were have said to have been found.

Speaking to the press yesterday Police Superintendent Ahmed Mohamed claimed that the demonstrations taking place near parliament were at first peaceful.

However, Mohamed added that the protests turned violent after demonstrators attacked officers and entered in to the green zone.

He said security forces attempted to disperse the crowd, but protesters then used pavement bricks and other objects as weapons to attack the security forces.

During the clashes,  Villa TV[VTV], owned by MP ‘Burma’ Gasim Ibrahim, the leader of the Jumhoory Party [JP] – part of Dr Waheed’s government coalition – was vandalised by the protesters.

Mohamed said the attack was itself an act of terrorism and that those involved should receive the harshest punishment possible.

He said 11 police officers were injured and one with serious injuries has been now sent abroad for treatment.

A police spokesperson today told Minivan News that some of the arrested persons have been taken to the court for an extension of their detention period.  The police official was unable to specify the exact number of people who were facing extended detentions at present.

‘’It is very difficult to say at the moment because I am not quite sure about the figures,’’ he said. ‘’This evening we will provide details of the arrests.’’

Protest camp

Police also yesterday dismantled a protest camp site near to the Tsunami memorial that had been home to some MDP supporters originally from islands around the country without any prior warning.

The area was cleared; with people inside moved by police back behind a blockade at the entrance of the surfpoint.

Normality appears restored as of today though, where there is not a single Maldivian Democratic Party (MDP) flag or a trace of the colour yellow seen in the area when the police left.

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Commonwealth envoy criticises conduct in parliament, MPs raise bribe allegations

The Commonwealth has expressed disappointment at attempts to stifle parliament yesterday in a week that has seen the international organisation facing allegations it had been bribed by anti-government supporters.

Having witnessed the chaotic protests that occurred inside the Majlis yesterday as Maldivian Democratic Party (MDP) MPs heckled and unsuccessfully tried to prevent President Waheed from giving an address, Special Envoy Sir Donald McKinnon issued a statement criticising the developments.

As well as stressing disappointment at the “manner” in which the opening session of parliament was conducted yesterday, the special envoy also raised concerns over the “security situation” in the nation.

McKinnon therefore called for maximum restraint from all sides of the political spectrum after violent clashes between civilians and security forces gripped the capital.

The statement comes on the back of a controversial few days for the Commonwealth and its relationship with the Maldives, with the organisation accused of political bias and even taking bribes by the MDP.

Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed has claimed the opposition MDP have bribed the Commonwealth after the body’s Ministerial Action Group (CMAG) called for early elections on Friday.

CMAG—the Commonwealth’s democracy and human rights arm—said elections were necessary to legitimise the executive after former President Mohamed Nasheed alleged his deposition on February 7 was through a bloodless coup d’état.

Speaking on local television Dhi TV’s “From the News” programme on Saturday, Riyaz also accused the CMAG of intimidation, called the British Queen “physically challenged” and said the United Kingdom was “not a democracy.”

Riyaz was joined by Progressive Party of the Maldives (PPM) MP Ahmed Mahloof, who threatened the country could potentially leave the Commonwealth should the intergovernmental organization repeat its call for early general elections.

Riyaz’s DQP is among the alliance of seven parties that support President Mohamed Waheed Hassan Manik.

Bribery and Intimidation

CMAG—authorized to assess infringement of the Commonwealth’s political values—has come under intense criticism following its call for early elections. The Maldives government called the CMAG’s statement “biased” and said it may reconsider its membership in the commonwealth.

Riyaz said the CMAG representatives in the Maldives “were slaves who have been bought by the MDP”, and only wanted to “reinstate the MDP to power”.

British citizens had supported and financed the MDP’s rise to power in return for permission to establish churches in the Maldives, he claimed. He also said the British hated the Maldives for having gained independence.

“What have the Commonwealth done for us? Why do we have to comply with them? That is the question. 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.

The CMAG’s elections calls were an act of intimidation, Riyaz said. “They come here and intimidate us, intimidate the president, intimidate the political parties, we will not be intimidated. This government will not be intimidated. The political parties will not be intimidated”.

“We know what the commonwealth is concerned about,” he said, “We know the current president [Waheed] will not drink alcohol from the same cup with them [as Nasheed did]”.

Riyaz repeated the government’s stance that early elections can only be held after constitutional amendments.

“Has the Commonwealth lost all sanity?”

Riyaz claimed the MDP was a terrorist organisation and condemned CMAG’s allegd lack of criticism at the time regarding MDP’s continued protests. “Has the Commonwealth lost all sanity? Are they sane? Are they sane? Is the Commonwealth sane? Who gave them visas to come here? They must not be allowed here,” he said.

The CMAG’s lack of action over the detention of senior then-opposition leaders during Nasheed’s administration were further evidence of their bias, he suggested.

He also appeared to threaten the CMAG saying, “I say very firmly and clearly, if they want to have security and leave safely, there are certain sovereign issues that they must not interfere with, if they were to, we are Maldivians, we will not be submissive.”

The Commonwealth Secretary General’s special envoy to the Maldives Sir Donald McKinnon arrived in the Maldives on Friday to resolve the current political crisis. He met with former President Nasheed on Saturday and met with President Waheed on Sunday.

The body suspended Fiji in 2009, after the country’s military seized power in 2006.

The Queen is “Physically Challenged”

Riyaz attempted to discredit the Commonwealth’s commitment to democracy by slandering the British Queen and claiming the UK was not a democracy.

“Look, the Queen has been in power for 50 years. Is that good? No, that’s inappropriate. If we wanted to point fingers, we can,” he said.

“Ater 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,” he added.

Ironically, he also said he planned to submit a bill to parliament to give former President Maumoon Abdul Gayoom the same status and respect as the Queen since Gayoom had ruled the country for 30 years and was responsible for all development the country had seen.

Commonwealth Membership

Gayoom’s PPM MP Mahloof said he also “shared Riyaz’s frustrations.” However, he appeared to be more diplomatic highlighting the Commonwealth’s assistance during the drafting of the new constitution.

He echoed Riyaz in saying early elections would destroy the constitution.

“Their help and support is very important,” he said. “But if they tell us to destroy the constitution, we can only say sorry! For example, if the Commonwealth’s final decision is that we need to hold elections before 2013, then we will leave the Commonwealth before they suspend us! Why not?”

Mahloof said he believed the MDP’s only hope now was the Commonwealth with the party stepping up its protests over the past week to influence the CMAG’s decision.

“If the Commonwealth’s decision is to suspend Maldives, then I believe the Maldives should not join the Commonwealth ever again. We saw why the Commonwealth suspended countries such as Pakistan. [Military] went out with guns and shot [people], that was the level at which government was changed. It did not reach that level here,” he said.

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Superindendent of Police promises quick response to violence

Police Superintendent Ahmed Mohamed has promised swift justice for those believed to be  responsible for the violent clashes that accompanied the opening of the People’s Majlis.

“The masterminds who planned and orchestrated the violence would be arrested soon and we would probe the matter very seriously,” Ahmed said at a press conference last night.

During the conference, it was revealed that 11 police officers had been injured after the day’s unrest, with one in a critical condition.

The dismantling of the Maldivian Democratic Party’s (MDP) camp was explained as a response to criminal incidents such as yesterday’s violence, which the superintendent alleged had originated from the area.

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