Month: May 2013

MDA takes Kendhikulhudhoo council seat during debut by-election contest

The Maldives Development Alliance (MDA) has claimed a seat on the island council of Kendhikolhudhoo in Noonu Atoll following a two-way by-election contest against the opposition Maldivian Democratic Party (MDP) yesterday.

According to Elections Commission figures, MDA candidate Ahmed Rizleen won the vacant seat on the island council with a 65 percent share of the vote (450 votes) against his MDP rival Umar Moosa.

Moosa lost out with 242 votes (35 percent).

MDA Leader tourism tycoon MP Ahmed ‘Sun Travel’ Shiyam told local media the party had managed to defeat the country’s largest political party – based on membership and number of MPs – during the first ever election in which it had fielded a candidate. Shiyam, who previously served as an independent MP, formed his party last year.

He was not responding to calls from Minivan News at time of press.

MDA candidate Rizleen received 200 votes from the ballot box placed at Kendhi Kolhu Ward, 224 votes from Kulhudhoo ward and 27 votes from the ballot box placed in Male’, Shiyam’s Sun Online news service reported following  he conclusion of the election.

According to the same report, MDP candidate Moosa got 90 votes from Kulhudhoo ward, 124 votes from Kendhikolhu ward and 28 votes from Male’.

Just last month MPs of the government-aligned Progressive Party of Maldives (PPM) – the country’s second largest party in terms of parliament representation – spoke of a need to reassess power sharing agreements over concerns at the size of crowds at recent MDP gatherings.

However, other parties in the coalition government of President Dr Mohamed Waheed today questioned the strength of the opposition party on the basis of the MDA’s single council win.

The government-aligned Dhivehi Rayyithunge Party (DRP) led by MP Ahmed Thasmeen Ali today congratulated the MDA for its victory in a statement.

In its statement, DRP congratulated MDA candidate Ahmed Rizleen and the MDA leadership for the victory on behalf of DRP leader Thasmeen and members of the DRP.

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Sacked Human Rights Minister sues Speaker Shahid for role in alleged “coup d’état”

Former SAARC Secretary General and dismissed Human Rights Minister Fathimath Dhiyana Saeed has filed a lawsuit against the Speaker of Parliament Abdulla Shahid over his decision in February 2012 to declare the presidency vacant.

The suit also asks the court to declare illegitimate the transfer of power following former President Mohamed Nasheed’s controversial resignation.

Saeed, along with her associates, previously attempted to file a similar case at the High Court requesting it rule that former President Mohamed Nasheed’s resignation was obtained under duress.

The group of attorneys claimed that following their assessment of the events that led to the former president’s controversial resignation, several legal inconsistencies and lapses that suggested the transfer of power took place illegally.

However the High Court refused to accept the case claiming that it did not have jurisdiction to look into the matter. However, Dhiyana had at the time contended that she was of the view that High Court did have the jurisdiction.

Former President Mohamed Nasheed resigned following a 22-day continuous anti-government protest led by religious scholars and opposition leaders with the backing of mutinying police and military officers, that began in mid-January 2012. The protest flared after Nasheed’s controversial detention of Chief Judge of the Criminal Court Abdulla Mohamed.

Following his resignation, Nasheed claimed to have been forced to resign under duress, and declared that his government had been toppled in a bloodless coup d’etat.

According to Saeed, the new Civil Court case was a modified version of the case first rejected by the High Court. She also announced the case had been accepted by the Civil Court.

Saeed told Haveeru that it was fundamental in a democratic society for people to have the right to cast their vote. She claimed that people had elected Nasheed for a term of five years, and forcing him to prematurely submit his resignation in a coercive environment was disregarding the right for people to vote and elect their ruler.

Prior to declaring that this right had been grossly disregarded, she argued that it was important for the court declare that President Mohamed Waheed Hassan’s ascension to presidency was illegal and that his government therefore was illegitimate.

Speaker’s role

Speaker Shahid recently defected from the government-aligned Dhivehi Rayyithunge Party (DRP) to Nasheed’s MDP and is currently actively campaigning for Nasheed’s bid for the presidency in 2013.

However Dhiyana Saeed stated that Shahid was the person under the Article 121 of the constitution who was to declare vacant of the office of president, should an incumbent president resign or vacate the office.

“It was the Speaker of Parliament who declared the office of president vacant, be it had he done it knowingly, mistakenly or unknowingly,” Saeed told Haveeru. “This doesn’t mean Shahid committed a criminal offense. It also does not mean that he partook in the events or that he made the decision [maliciously].”

She further contended that Speaker Shahid had failed to look into the circumstances surrounding Nasheed’s resignation before making the declaration.

Saeed told Minivan News on Sunday that she and the counsel have “stopped short of asking for Nasheed’s reinstatement”, claiming that she did not have “the locus standi to ask for a particular relief”.

“If the ruling comes in our favour, it might be possible for Nasheed to institute a second proceeding for reinstatement. As far as this case is concerned, our interest is in the rule of law and invoking constitutional process to uphold the legal order as stipulated by the constitution,” Saeed told Minivan News.

Dhiyana Saeed, formerly a member of current President Mohamed Waheed’s cabinet and one of the earliest critics of Nasheed’s decision to detain Judge Abdulla, has also released a personal memoir explaining her interpretation of Waheed’s ascension to power. In the memoir, Saeed alleged that Nasheed’s political rivals had conspired to assassinate him.

Saeed alleged that the controversial transfer of presidential power on February 7 was the result of a premeditated and well-orchestrated plan, and questioned the findings of the Commonwealth-backed Commission of National Inquiry (CNI), which had declared that there was no coup and Nasheed had resigned voluntarily.

Parliament’s Executive Oversight Committee’s review of the report revealed several concerns including omission of key evidence and witness statements.

Chair of Parliament’s Executive Oversight Committee, MP Ali Waheed, claimed the August 2012 report produced by the CNI was “flawed” based on the findings of the committee.

He added that many interviewed by the committee claimed the CNI report lacked “key information they had given [the CNI panel]” while “others claimed their information was wrongly presented”.

Parliamentary review

To support its claims, the parliamentary select committee released audio recordings of all the statements given by the witnesses. These included former police and military chiefs and officers, who claimed that Nasheed had no option but to resign.

Leaked statements to the CNI given by key witnesses of the events, including senior police and military officials, also suggested that the transfer of power took place illegitimately.

In the transcript of the statement given to CNI by MNDF Staff Sergeant Shafraz Naeem – the commander of the riot squad of the Bandara Koshi (BK) Battalion on the day – said that he also believed that Nasheed was ousted in a coup.

“In my view this was a coup. Why? I could see it from the way they handled everything, their attitude, how cool and calm all the officers were. I could tell from how cool General Shiyam was inside the MNDF. They did nothing. This is not how a uniformed officer should behave,” he told the CNI.

Meanwhile former President Nasheed told the CNI that he was forced to resign, as he believed his life was at stake on February 7 if he did not.

“In essence, my statement is very small. I was forced to resign. I resigned under duress. I was threatened. If I did not resign within a stipulated period it would endanger mine and my family’s life. I understood they were going to harm a number of other citizens, party members. They were going to literally sack the town. I felt that I had no other option, other than to resign,” he said.

On September 2012, following the release of the report, a legal analysis of the CNI’s report by a team of high-profile Sri Lankan legal professionals – including the country’s former Attorney General concluded that the report was “selective”, “flawed”, and “exceeded its mandate”.

“The report offends the fundamental tenets of natural justice, transparency and good governance, including the right to see adverse material, which undermines the salutary tenets of the Rule of Law,” observed the report.

The Sri Lankan legal team also contended that “there is evidence to demonstrate that there was in fact adequate evidence to suggest that duress (or even ‘coercion’ and/ or illegal coercion as used by CNI) is attributable to the resignation of President Nasheed.”

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Maldives Journalists Association (MJA) drafting bill for minimum wage, health insurance

The Maldives Journalists Association (MJA) is drafting a bill to ensure journalists receive a minimum wage and health insurance.

MJA President Ahmed ‘Hirigaa’ Zahir told local media he expects Parliament to pass the bill, which would “ensure journalists can live without handouts”.

“We are saying that journalism is the fourth power of the nation. All other powers have security and everything else. Journalists are faced with grave threats. However, they don’t back down. Hence, such a bill is important,” Zahir said.

The MJA has previously worked to improve journalism in the Maldives, according to MJA Treasurer Adam Haleem.

“There are two institutions which parent the Maldives journalism. These are funded by the state budget. However, we could say that we work for perpetuity. We work without much of a budget. However, looking at the past two, four years, we have kept our eyes more open in media related areas. If a report is compiled by someone based on our work, I think that the work by MJA would take first place,” said Haleem.

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Search for missing surfer underway in Huvadhoo Atoll

A search and rescue operation conducted by the Maldives National Defence Force (MNDF) Coast Guard is underway to find a Maldivian surfer lost at sea in the south of the country.

Mohamed Sammoon, a 21 year-old from Kolamaafushi Island in Gaafu Alif Atoll (the north-eastern half of Huvadhoo Atoll), was reported missing around 4:30pm Saturday (May 4), MNDF Media Officer Abdulla Ali told local media.

“The Coast Guard are now working at the scene after one from the three [young men] who went into the sea was reported missing,” Abdulla said.

The Island Council was informed Sammoon was missing at 3:20pm and promptly informed the MNDF and Police Services, Kolamaafushi Island Council President Ahmed Jameel told local media.

Sammoon was with two other young men and was reported as having a surfboard with him when he entered the sea.

“The three of them together went to the sea. The kid who has gone missing, he was swept away by the current after he went a bit far out into the sea,” said Jameel.

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Civil Court orders police to return all seized assets of accused drug lord

The Civil Court has ordered police to return all the assets seized from Adam Naseer that were confiscated during an investigation of his activities in 2010.

After the Criminal Court acquitted Naseer, the Civil Court ruled that there were no legal grounds for police to withhold the assets and ordered them returned in one month.

The Civil Court ordered police to return all the cash, three HSBC gold visa card, one HSCB silver card, one mobile phone SIM card, two HP laptops, a paper with the HSBC card’s pin code written on it, one CD, three papers containing information about Dhiraagu, a prepaid SIM card’s guide book, one Fujitsu laptop, his passport, one car and motorbike registration,  one speedboat registration and two cheque books.

Police searched Naseer’s home in Addu Atoll on June 30, 2009, where they found over MVR 6 million (US$461,500) in cash and a tin containing drugs outside his house. Police subsequently alleged that he was one of the top six drug lords in the Maldives.

However the Criminal Court acquitted Naseer on the grounds that the state had not been able to convince it that the money found inside his house was earned through drug trafficking, or that the tin containing money outside his house belonged to him. The state appealed the case at the High Court, which upheld the lower court’s verdict.

In May 2010 Naseer sued police seeking the return of the money.

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Elections Commission processing membership forms, but yet to recognise new parties

The Elections Commission (EC) has yet to formally recognise any new parties meeting the minimum membership requirement of 10,000 stipulated in a recent bill, the commission has stated, but is processing membership forms.

Following the passage of Political Parties Act 11 parties – including former President Mohamed Waheed Hassan’s Gaumee Iththihaadh Party (GIP) – were removed from the commission’s registry for failing to meeting the minimum membership. It also removed the parties from the list of political parties published on its website.

Speaking to local media, Secretary General of the Elections Commission Ahmed Asim said the commission had begunto process the membership forms submitted by political parties prior to the enactment of the act, based on advice given to the commission by the parliament.

Parliament’s Independent Institutions Oversight Committee has meanwhile instructed the Elections Commission to begin processing the forms submitted by political parties, following a submission filed by the Maldivian Development Alliance (MDA) led by tourism magnate Ahmed ‘Sun Travel’ Shiyam.

According to Asim, President Mohamed Waheed’s GIP and the MDA had both submitted more than 10,000 membership forms to the elections commission at the time the commission announced that parties lacking the required number of members would immediately be dissolved.

“Apart from those two parties, we have been processing membership forms submitted by other political parties. However, we have not yet decided whether to publicise the names of the new parties that attain the 10,000-member mark,” Asim told Haveeru.

The Supreme Court has issued a stay order on the elections commission ordering them not to take any decision that would dissolve any political party prior to the court coming to a decision on the matter. The order was based on a case filed at court by the Attorney General.

Despite President Waheed’s decision to veto the Political Parties bill and to return it to the house, parliament overruled him with an overwhelming super majority of 60 votes.

MPs representing both the government coalition and the opposition alleged that President Waheed had rejected the bill because it involved his personal interests and that his party GIP would be one of the first to be dissolved after the law came into force.

The bill had come under heavy criticism from several smaller political parties including President Waheed’s own party – which at the time had less than 3000 members – claiming the bill was an attempt to destroy the party.

Following the passage of the bill, the Attorney General lodged a case in the Supreme Court requesting a writ of mandamus against the Elections Commission to prevent dissolution of political parties that failed to maintain the required 10,000 members as stipulated in the Political Parties Act.

Deputy Solicitor General Ahmed Usham was reported in local media as stating that the enactment of the Political Parties Act meant political parties that did not have the required number of members would be dissolved without any transitional period.

Following the ratification of Political Parties Act, only five political parties remain registered in the Maldives. Remaining parties include the opposition Maldivian Democratic Party (MDP) and four government-aligned parties” the Progressive Party of Maldives (PPM), Dhivehi Rayyithunge Party (DRP), Jumhoree Party (JP) and Adhaalath Party (AP).

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Civil Court dismisses case to invalidate outcome of PPM primary

The Civil Court has dismissed a case seeking to invalidate the outcome of the Progressive Party of Maldives (PPM) primary vote in March, that saw MP Abdulla Yameen selected as its presidential candidate for September’s elections.

A Civil Court spokesperson confirmed to Minivan News that during Thursday’s hearing the presiding judge rejected the case, which was filed last month by a PPM member.

The member who filed the case alleged that thousands of voters were not officially registered with the PPM at the time they cast votes on their preferred party candidate. Further details on the case were not available to the court official at time of press.

Sun Online reported that the case was rejected on the grounds that the PPM member, Rahma Moosa, was not one of the candidates and therefore could not claim infringement of her rights.

Umar Naseer told the online publication that he would file the case in his own name on Sunday (May 5).

Confirmation of the trial’s rejection was announced as local media reported that a rally scheduled to be held Friday (May 3) to announce MP Yameen’s running mate for the presidential elections had been postponed as a result of adverse weather.

MP Yameen, half brother of PPM founder and former Maldives President Maumoon Abdul Gayoom, was not responding to calls at time of press. PPM MP Ahmed Nihan meanwhile had his phone switched off when contacted this afternoon.

Divisions

Divisions between PPM supporters appeared following March’s primary, when Umar Naseer – the only candidate to stand against Yameen during the contest – accused his opponent had controlled all of the party’s organs, including the council and election committee, and had “rigged” the vote in his favour by ballot stuffing, falsifying the count.

The allegations have been rejected by Yameen and the wider PPM, while Naseer found himself dismissed from the party late last month after he refused to respond – either verbally or in writing – during a seven day period provided by the PPM’s disciplinary hearing to retract the allegations.

Amidst the formation of divisions in the party at the time, PPM member Rahma Moosa lodged a case on April 18 at the Civil Court challenging the results of the party’s presidential primary.

Moosa reportedly filed the case claiming that 8,915 people who were not officially registered as members of PPM had been allowed to vote in the primary.

She contended that the move contravened the Political Party Act and compromised the rights of all general members of the party.

Coalition talks

The PPM, as the country’s second largest party in terms of parliamentary representation, last month said it would not rule out forming a coalition with President Dr Mohamed Waheed or any other fellow government-aligned parties ahead of the presidential elections.

PPM MP Ahmed Nihan told Minivan News at the time that the party had already engaged in talks over the possibility of forming a power sharing agreement with other parties in the government of President Waheed, although no final decision had yet been taken.

Nihan said that rival political parties needed to reassess their views on power sharing after thousands of people attended a gathering held by the opposition Maldivian Democratic Party (MDP) on April 19 to announce the signing of Parliamentary Speaker Abdulla Shahid.

Nihan’s comments were echoed at the same time by current Home Minister Dr Mohamed Jameel Ahmed – who is speculated in local media to be among the leading candidates to stand as the PPM presidential candidate’s running mate during the elections.

Dr Jameel told Minivan News last month that a changed political landscape since the country’s first multi-party elections in 2008, necessitated a willingness to share power more than ever.

“We have to recognise that the PPM and the [opposition] Maldivian Demoratic Party (MDP) are the two major political forces in the country capable of winning elections. Hence, if the governing coalition desires to forge an alliance, it cannot realistically exclude the PPM from any such move. Whether a coalition, inclusive of the PPM can be realised prior to the elections is possible or not, we cannot alienate major political parties in an election,” he said at the time.

“Therefore, the role of smaller parties attempting to win an election of this scale without the inclusion of major political parties is in my opinion, a risky business,” Dr Jameel added.

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President Waheed slams efforts to boycott Maldives tourism over nation’s “shortcomings”

President Dr Mohamed Waheed has criticised unspecified groups that are calling for a boycott of the Maldives’ tourism industry, expressing concern that it is the largest source of income for the nation.

According to the President’s Office website, his comments were made during a visit to the island of Neykurendhoo as part of a wider tour of  South Thiladhummathi Atoll ahead of elections scheduled for September this year.

The president raised the concern on the back of over two million people signing a petition on the Avaaz website pledging to target the Maldives’ lucrative tourism industry in order to pressure authorities to drop the charges against a 15 year-old convicted of fornication, and to pursue wider legal reforms to prevent similar cases.

Minivan News understands that officials from Avaaz had visited the Maldives last week to meet with government officials and research the case.

Meanwhile, NGO Amnesty International last month raised concerns that minor’s handling by authorities was the “tip of the iceberg” in terms of the country’s treatment of victims of sexual offences

President Waheed told islanders on Neykurendhoo yesterday (May 3) that he didn’t believe “defaming” a country was the best way to ensure development of a nation, while also condemning the “efforts of a minority of people attempting to create animosity and hatred between families and societies”.

The president added that no matter how well developed any country was, all nations faced political and social problems that needed to be addressed, he therefore criticised any attempts to use such “shortcomings” as a means to back a boycott campaign.

President Waheed also used the visit to lay the foundation stone of the Neykurendhoo Friday Mosque on the island, while also promising wider infrastructural development to provide improved sewerage and water systems expected to be established in the near future.

The new mosque is being built with the assistance of Saudia Arabia, according to the President’s Office.

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Reporters Without Borders labels Maldives’ extremist groups “predators of press freedom”

International press freedom NGO Reporters Without Borders (RSF) has included ‘extremist religious groups’ in the Maldives in its ‘Predators of Freedom of Information’ report for 2013.

The report, released to mark World Press Freedom Day on May 3, identifies ‘predators of press freedom’ around the world, including “presidents, politicians, religious leaders, militias and criminal organizations that censor, imprison, kidnap, torture and kill journalists and other news providers. Powerful, dangerous and violent, these predators consider themselves above the law.”

The 2013 report “accuses leaders and members of fanatical groups in the Maldives” of “intimidating media organisations and bloggers and threatening them with physical harm in order to force them to exercise self-censorship.”

The report also accuses extremist groups in the Maldives of “promoting of repressive legislation”, “debasement of political debate”, contributing to the “censorship of publications and the blocking of access to websites”, and “resorting to violence, and even murder, to silence dissident opinions.”

“Ever since the army mutiny that overthrew President Mohamed Nasheed in the Maldives in 2012, extremist religious groups have tried to use their nuisance power to extend their influence. They have become more aggressive as the [September 2013] presidential election approaches, intimidating news media and bloggers and using freedom of expression to impose a religious agenda while denying this freedom to others,” the report states.

The report identifies the general characteristics of media repression around the world, most notably the impunity those responsible enjoyed.

“Physical attacks on journalists and murders of journalists usually go completely unpunished. This encourages the predators to continue their violations of human rights and freedom of information,” the report stated.

“The 34 predators who were already on the 2012 list continue to trample on freedom of information with complete disdain and to general indifference. The leaders of dictatorships and closed countries enjoy a peaceful existence while media and news providers are silenced or eliminated.”

The report emphasises that failure to confront and prosecute those responsible for violations of press freedom was not due to a lack of laws, but rather selective or non-existent enforcement.

“The persistently high level of impunity is not due to a legal void. There are laws and instruments that protect journalists in connection with their work. Above all, it is up to individual states to protect journalists and other media personnel. This was stressed in Resolution 1738 on the safety of journalists, which the United Nations security council adopted in 2006,” the report stated.

“Nonetheless, states often fail to do what they are supposed to do, either because they lack the political will to punish abuses of this kind, or because their judicial system is weak or non-existent, or because it is the authorities themselves who are responsible for the abuses.”

Attacks on journalists

The Maldives plummeted to 103rd in the Reporters Without Borders (RSF) Press Freedom Index for 2013, a fall of 30 places and a return to pre-2008 levels.

“The events that led to the resignation of President Mohamed Nasheed in February led to violence and threats against journalists in state television and private media outlets regarded as pro-Nasheed by the coup leaders,” RSF observed, in its annual ranking of 179 countries.

“Attacks on press freedom have increased since then. Many journalists have been arrested, assaulted and threatened during anti-government protests. On June 5 2012, the freelance journalist and blogger Ismail “Hilath” Rasheed narrowly survived the first attempted murder of a journalist in the archipelago,” RSF noted in its report.

Rasheed, who subsequently fled the country, alleged the attacked was a targeted assassination attempt by Islamic radicals in retaliation for his public calls for religious tolerance. Police have yet to arrest anybody in connection with the murder attempt.

Subsequent to the the release of the press freedom index, Raajje TV journalist Ibrahim Waheed ‘Aswad’ suffered serious head injuries and was left in a critical condition after he was attacked on the street with an iron bar.

Waheed was attacked while he was on his way to see two Maldives Broadcasting Corporation (MBC) journalists, who were admitted to hospital after being attacked during opposition-led protests.

Following the attack, Aswad was airlifted to Sri Lanka for emergency surgery. He later recovered and returned to the Maldives.

Police have since forwarded cases against suspects Ahmed Vishan, 22, M. Carinlight Northside, and Hassan Raihan, 19, G. Fehima, for prosecution.

Press freedom day in the Maldives

Meanwhile, the Maldives Journalist Association (MJA) has launched a campaign calling for laws protecting journalists, “such as salaries, work hours and insurance for journalists,” according to MJA President and Editor of Sun Online, Ahmed ‘Hiriga’ Zahir.

The MJA showed a T-shirt promoting the ‘Working Journalists Act’, released as part of the campaign during a ceremony in the DhiTV studio.

According to Sun Online, MJA Secretary General Mundoo Adam Haleem “said that while the government has established an organisation to work for the benefit of media operators, people should ascertain for themselves who actually works for the benefit of media operators.”

Local media also reported on an acknowledgement of World Press Freedom Day during Friday’s sermon delivered all over the Maldives, encouraging people to draw a distinction between “press freedom” and “press fairness”.

An event organised by the Maldives Broadcasting Commission (MBC) to mark the signing of a five point pledge to uphold media freedom was meanwhile cancelled due to inclement weather.

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