Month: September 2013

Elections Commission declares unable to conduct “free and fair vote” on Sept 28, as police surround building

Additional reporting by Leah Malone, Mohamed Naahii and Zaheena Rasheed

Special Operations Police have surrounded the Elections Commission (EC) secretariat with orders from Police Commissioner Abdulla Riyaz to take over the building and ballot papers should it proceed with holding an election on Saturday.

The Commissioner’s order follows the EC’s insistence yesterday that it was constitutionally mandated to hold the run-off within 21 days of the first round, in spite of an order from the Supreme Court to suspend the election indefinitely.

Elections Commission Fuwad Thowfeek told Minivan News “We will not be able to hold elections without support from the police. The police will stop any election preparation activity.”

Thowfeek said the EC members had been met by two officers “to get our assurance the preparation activities have been stopped.”

At time of press police had cordoned off the area around the Elections Commission and ordered journalists at the scene to leave the area. An EC official told Minivan News on condition of anonymity that EC staff were not being allowed to enter the building.

Following the EC’s meeting this afternoon prior to the arrival of police, during which it met with Commonwealth election observers and Indian High Commissioner Rajeev Shahare, EC staff issued a brief statement to the media.

“The Supreme Court has ordered security services to prevent any effort to hold the election tomorrow,” the EC statement read.

“It is the responsibility of this commission to conduct, manage and facilitate all elections and public referendums and ensure that all elections and public referendums are conducted freely and fairly, without intimidation, aggression, undue influence or corruption and ensure that citizens are able to fully exercise the right to vote.

“The commission does not believe that such an atmosphere presently exists in the Maldives,” the statement read.

It concluded by stating that the EC will announce a date for the second round run-off.

After the building was barricaded by police, Elections Commission President Thowfeek and EC members issued a longer statement:

As article 111(a) of the constitution of the Republic of the Maldives states that if no candidate receives over 50 percent of the vote, a run-off election must be held within twenty one days after the first election, this commission announced on September 14, 2013 that the second round of the 2013 presidential election shall be held on September 28, 2013 and made all preparations necessary to hold the election on that date.

However, of the state institutions whose assistance the Elections Commission requires to hold the election, the Ministry of Education took restrictive measures and said it would not provide premises to place ballot boxes and release employees who work as election officials, the Ministry of Home Affairs said it would not offer cooperation and threatened to arrest commission members, and the Ministry of Finance Treasury said it would not release funds and imposed restrictive measures. Further, the Maldives Police Service said it would not cooperate and ceased providing security requested by the commission for the second round of the election. And Assistant Commissioner of Police Hassan Habeeb called the chair of the Elections Commission on the night of September 26, 2013 and warned that [police] would not allow the election to take place.

Furthermore, we note with regret that some political parties have threatened to set ballot boxes on fire and death threats have been made against Elections Commission members, staff, and officials involved in the voting process. The commission believes that as a result, numerous irreparable damages will be caused to the general public, the Elections Commission and the state.

The Supreme Court order 06/SC-SJ/2013 (September 26, 2013) instructed and ordered the security forces of the Maldives under article 237 of the constitution to immediately put a stop to any preparations by the Election Commission for voting in the second round of the presidential election held on September 7, 2013. And police have now closed the Elections Commission office to deny entry to members, staff and any outside parties.

As article 170(a) of the constitution which states the responsibilities and powers of the Elections Commission stipulates that it is the legal responsibility of this commission to ensure the proper exercise of the right to vote and that all elections and public referendums are conducted freely and fairly, without intimidation, aggression, undue influence or corruption, and since the commission does not believe such an atmosphere presently exists in the Maldives, we announce that voting in the second round of the presidential election scheduled for September 28, 2013 has been postponed.

Thowfeek meanwhile appeared on Raajje TV and stated that the commission members have been ordered to cancel all meetings with foreign delegates. Minivan News understands that this was being negotiated at time of press.

A Minivan News journalist inside the Elections Commission building said that as of 10:30pm the police outside had not entered the Elections Commission, apart from EC bodyguards and the officers negotiating with EC members.

MDP Chairperson Moosa Manik in statement expressed concern over the security of the Election Commission’s database should police be allowed access to the Commission’s premises.

Minivan News understands that as of midnight, ballot papers remained in the custody of elections officials.

Thowfeek left the Elections Commission shortly after midnight. He told Minivan News: “I feel disappointed after working so hard, to have to drop the second round. It is a big loss to the country.”

“We just have to wait for the Supreme Court response. We don’t know what their verdict will be. From Sunday, we will release all the temporary staff and we will rehire when we know when the run-off will take place,” he said.

Police order

The police order issued by Police Commissioner Abdulla Riyaz specifically instructs police to:

  • Stop anyone who disobeys Supreme Court order 2013/SC-VA-J/02 and tries to proceed with voting on 28 September 2013”
  • oversee security of ballot boxes for the 2013 presidential election at their designated locations, and stop anyone from transporting these materials [in an] attempt to start voting
  • take over the main elections commission, ballot papers if the [EC] decides to or attempts to hold the second round of presidential election on 28 September 2013, and oversee the security of polling booths and control the access to [polling stations] and ensure materials cannot be transported elsewhere for voting
  • As soon as this order is released, the head of the police officers deployed to the islands to oversee security of voting, must meet with the elections commission’s focal point and present Supreme Court’s 2013 SC-VA-J/02 and 2013/SC-SJ?06, and inform them it is against the law to proceed with a second round of polling on 28 September 2013, and advise them not to do so, and inform them the police will stop them if they attempt to do so
  • Inform the police commissioner immediately if a member of the Elections Commission has been detained for disobeying Supreme Court order 2013/SC-VA-J/02

The orders also apply to resorts and industrial islands, request police to “respect the human rights” of those detained, and use “minimal force” in detaining those who disobey the Supreme Court’s order.

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Elections are about belief, rather than law: Judge Johann Kriegler

Additional reporting by Leah Malone

“Ultimately, the test of an election is if it’s accepted by the people,” international judicial expert, and advisor to the Maldives Election Commission (EC), Johann Kriegler said in a public lecture yesterday (September 26).

“Elections are not about mathematics, elections are not about law. Elections are about people, about perceptions, about beliefs,” said the former judge of the Constitutional Court of South Africa, who has been working as part of the UNDP’s team in Male’.

Judge Kriegler concluded his lecture, titled ‘Elections: Beauty or Beast?’, by stating that the trust of the electorate is the most important factor in running an election.

Judge Kriegler was reluctant to comment specifically on the current situation in the Maldives, where the Supreme Court and the Elections Commission (EC) have this week been locked in a consitutional battle over whether to proceed with the second round of voting.

The Jumhooree Party (JP), has been pursuing legal action to annul the poll, citing as-yet unsubstantiated claims of systemic failure on behalf of the EC.

The poll has been universally praised as being free and fair by all international observers present during the first round, as well as local NGOs and the Human Rights Commission.

Kriegler chose instead to recount some of his previous experiences in handling elections across the world – most notably in Kenya, 2007.

Following the disastrous fallout from the presidential elections that year, thousands were killed in inter-tribal violence. Judge Kriegler formed part of the post-election dispute resolution team.

The lecture included the specifics of the electoral problems, including the failings of the Election Management Body (EMB) in Kenya at the time, the Elections Commission of Kenya.

Commenting on the quality of the electoral register in Kenya during these elections, Judge Kriegler noted that it was found to be only around 70 percent accurate.

“In my experience, this was good enough,” said the judge.

Maldives election “as good as I’ve ever seen”

During a question and answer session after the lecture, Judge Kriegler was asked if he could comment on the competency of the Maldives EC.

Reasserting his reluctance to comment on ongoing matters, Kriegler stated simply that this was “as good an election as I have seen.”

“Do you want me to say more?”

When looking into discrepancies in the voting process in Kenya, Kriegler noted that a rational excuse was behind most problems, upsetting the conspiracy theorists.

More important, he argued, was the work of political and civil society groups who had been working to delegitimise the EMB for months prior to the election.

“It was a significant factor in what went wrong there.”

Remarking on the changes made between Kenya’s 2007 and 2013 elections, he noted that trust had been the key improvement.

“Kenyan elections were not particularly good this last time round, but the new EMB is trusted, number one. Number two, the judges were trusted,they fired the old lot – lock, stock, and barrel. They said you can re-apply for your job – excellent idea…The result was that…the last election was accepted by the electorate.”

Finally, Judge Kriegler compared his own country’s “messy” 1994 general election with that of Mexico’s “technically perfect” poll in the same year.

Whilst the apartheid ending vote was a success, Mexico’s election ended in months of rioting, he said.

“In South Africa, the poor, incompetent but honest elections were accepted because the people believed in it.  The people believed in it because the electoral management bodies had the support of the political parties,” Kriegler continued.

“The political parties boosted this little body that had no track record and no experience and had an impossible job. But we did the job together – that’s why it worked.”

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MDP holds rally, EC meets to discuss election, PPM vows “there will be no voting tomorrow”

The Maldivian Democratic Party (MDP) is holding a rally this afternoon in Male’ in a bid to galvanise supporters ahead of tomorrow’s constitutionally-scheduled yet judicially-contested run-off vote.

Whether that vote will happen appears in jeopardy after a tense stand-off last night between the Elections Commission – which said it intends to abide by the constitutional deadline for the poll – and the Supreme Court, which opened at midnight and ordered the police and military to forcibly halt all election preparations.

The Supreme Court order quotes Article 145 of the constitution giving it final authority on interpretation of the constitution, the law, “or any other matter dealt with by a court of law”, and Article 20, which orders the presidency, parliament, independent institutions, and security forces to obey Supreme Court decisions.

“Since it is stated clearly, it is illegal to disobey or challenge a Supreme Court order within the jurisdiction of the Maldives,” reads the order.

It calls for security forces to implement its order on Monday night (September 23) indefinitely suspending elections, and cites article 237 of the Constitution concerning the authority of the security services to “protect the nation’s sovereignty, maintain its territorial integrity defend the constitution and democratic institutions, maintain and enforce law and order, and render assistance in emergencies.”

The same article was cited by the Nasheed government ahead of its fateful arrest in early 2012 of Chief Judge of the Criminal Court, Abdulla Mohamed, that led to the party’s ousting from power on February 7, 2012 at the hands of mutinying police and military forces upset over what they claimed were “unconstitutional orders”.

The order followed Elections Commissioner (EC) President Fuwad Thowfeek’s declaration yesterday that the EC was preparing to hold elections as mandated by Article 111 of the constitution, requiring a run-off vote a maximum of 21 days after the first round.

Conflicting reports in the local press suggested the election had been cancelled, was continuing, that preparations were underway, or had stalled.

EC President Thowfeek told Minivan News on Friday morning that the Commission was meeting at 4:00pm today, and would be able to speak afterwards.

Progressive Party of the Maldives (PPM) vice presidential candidate and former Justice Minister under President Gayoom’s 30 year administration, Dr Mohamed Jameel, told Minivan News on Friday: “There will be no voting tomorrow”.

“There will be no voting tomorrow. It’s Nasheed’s madness that is going on, as he knows he cannot win an election free and fair,” Dr Jameel claimed, alleging that “[Nasheed] and the EC have colluded to rig the vote in the first round and that’s the reason why he now insists for voting without amending wrongs and fraud committed during the first round. There will be no voting tomorrow.”

The MDP meanwhile reportedly met this morning with international election observers present in the country, who unanimously praised the conduct and credibility of the first round round of polls.

Following the Supreme Court injunction last week the Maldives received strong support last from the UN, UK, US, EU, UN, Commonwealth, India, Australia and Canada for polls to go ahead as scheduled.

MDP Spokesperson MP Hamid Abdul Ghafoor told Minivan News the party would protest from 4:00-6:00pm today, in line with election regulation prohibiting campaigning after 6:30pm prior to an election day.

“This is daylight robbery of people’s right to vote. I am still wondering if this is really happening,” Ghafoor said. “Without polls we’re not sure what will happen – it will be anybody’s guess. The Supreme Court will have called off the constitution and we will be in a constitutional vacuum. It will be another coup. The situation will be up for grabs – it will be the Wild West.”

“This is the time for the international community to intervene. The Maldives was a model transition to democracy, and we have bent over backwards to ensure a peaceful transfer. However the past leadership has now opening come out and contravened the constitution,” he said.

“The judges on the Supreme Court bench belong to Gayoom- this is obvious. They are remnants of the dictatorship. They took over the Judicial Services Commission (judicial watchdog), and brought all the old judges into the new judiciary under the 2008 constitution,” Ghafoor said.

He noted MDP’s new parliament majority, and parliament’s resolution last week calling for elections to take place as scheduled.

Should the Maldives fail to hold an election,”It will represent a big failure globally. We are a precursor to the Arab Spring. We had a perfect and unprecedented peaceful transition in 2008. That should be enough justification for the world to put its foot down.”

Nasheed had promised peaceful protests, he said, adding that the party did not expect a repeat of the February 8 police crackdown that hospitalised dozens of demonstrators.

“We have already crossed most barriers. This is the edge. This is a coup and the bottom line has now gone right up to the judiciary,” Ghafoor said.

“We have reason to have faith in the international community,” he said, stating that the party appreciated India’s position on the election: “they have hit the nail on the head.”

Responding on Wednesday to the Supreme Court’s indefinite suspension of the election, India’s Minister of External Affairs Salman Khurshid said India was “deeply disappointed and distressed that this should have happened.”

“Our understanding of the democratic system is that even if there are imperfections in the election system, those imperfections need to be addressed in a manner which is not destructive of the very process of elections,” Khurshid stated.

“It won’t be fair of me to comment on a court judgement, it is an interim judgement. I don’t want to comment on the contents of the judgement but certainly on the implications of the interference with an election. There is a window of time available because they have a November date by which a President has to be installed and I would urge all countries that care for democracy and who have a special cause of Maldives at heart, I would urge them all to use their good offices to ensure that democracy is preserved.

“If this is being done in the name of democracy, it is unfortunate. I think this is something that undermines democracy,” Khurshid stated.

“I would certainly hope and expect that better wisdom will prevail in this matter.”

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Suspension of elections could make end of Indian influence in Maldives: Firstpost

The Maldives Supreme Court has just postponed the presidential run-off, due for this Saturday, 28 September, thus triggering a breach of the constitution as the Supreme Court intervention means that now there will be a gap of more than three weeks between the two rounds in the presidential election in Maldives, writes Rajeev Sharma for Firstpost.

This is a severe diplomatic and strategic setback for India. The development indicates that all is not well for India in the tiny archipelago nation in the Indian Ocean where Pakistan and China are feverishly engaged in a covert game of outsmarting and outplaying India on the Maldivian chess board.

The intervention by the Maldives Supreme Court indicates that some cloak-and-dagger operations are going on in Male’ to ensure that Mohammed Nasheed , who was ousted 19 months ago in an alleged but never-proven coup, does not become the president again. Nasheed stood the brightest chance to become the president again as he was way ahead of all his rivals in the first round of voting earlier this month, but fell short of getting more than the 50 per cent votes to avoid a run-off.

India may say that it is not backing any particular candidate in the Maldivian presidential election, but it is obvious that Nasheed is New Delhi’s choice. The latest development is more of an affront for India than it is for Nasheed.

The Indian diplomatic establishment will be right in maintaining that it is not for or against any candidate in the Maldivian presidential election. Nonetheless, it needs to get its act together and act fast before time runs out.

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Week in review: September 22-26

With fears mounting that the ongoing Supreme Court case would derail the second round of the presidential election, the week began with Majlis being called to an extraordinary session by the Maldivian Democratic Party (MDP).

Government aligned MPs created chaos during the ill-tempered sitting, which passed a resolution calling for state institutions to ensure the poll proceeds – with a show of hands.

Later the same evening (September 23), the Supreme Court issued an injunction ordering all state institutions to indefinitely delay the run-off until it had completed its case. Hearings this week saw a procession of anecdotal witnesses describing their voting issues –  with the Jumhooree Party party concluding its case by arguing that its evidence could be extrapolated to indicate systemic failings. The JP also cited the Attorney General’s contribution in the case – labelled as legal but morally questionable by one legal expert – as lending weight to its argument.

The Elections Commission’s legal team disputed the credibility of the JP’s evidence, which included anonymised witnesses citing speculation and rumour, but also argued that even if factual the evidence submitted was not enough to impact the results of the first round.

The MDP’s National Council responded to the injunction by calling for continuous demonstrations and quickly re-establishing the party’s presence in the Raalhungandu area of Male’ for the purpose of peaceful protest. Speaking from the party’s new base, former President Mohamed Nasheed blamed the Chief Justice of the Supreme Court Ahmed Faiz for allowing the disgraced Ali Hameed to remain on the bench as well as appealing to the military for assistance with the poll.

Hameed’s involvement in a sex-tape scandal earlier this year provided the initial the theme for MDP protests outside courthouses across the country, with large pairs of white underpants used to decry the general state of the judiciary. Numerous people on the island of Rasdhoo were arrested after hanging a pair outside the Magistrate Court.

Transparency Maldives chose to take aim at the Majlis and the Judicial Services Commission for the collapse of the court’s integrity. Former JSC member Aishath Velezinee spoke with Minivan News this week, explaining the background to the current judicial crisis.

The international community responded with universal concern, prompting President Dr Mohamed Waheed to lash out at such “irresponsible statements”. The EC promptly announced that its first allegiance in such circumstances was to the constitution, and that it would proceed with its preparations as planned. Commissioner Fuwad Thowfeek took time from these preparations to speak with Minivan News.

The first session following the injunction order saw the ejection of three of the Election Commission’s legal team, who were accused of contempt after public statements criticising the injunction. Rather than announcing its verdict on Thursday, the Supreme Court instead heard the case newly filed by the PPM, calling for a one month delay to the second round to enable time for campaigning.

Whilst the Ministry of Economic Development’s economic diversity report last week noted the country’s over-reliance on tourism had left if vulnerable to both financial and natural disasters, the report did not take note of political disasters. The MDP clearly did – calling on the country’s tourism workers to strike should the presidential run-off not go ahead.

The 5000 member strong Tourism Employees Association of the Maldives (TEAM) threatened “prolonged” srtike action, whilst the Maldives Association for Tourism Industries (MATI) issued a statement warning of “irreparable consequences” to the Maldivian economy unless the election is expedited.

The clash of institutions appeared to have come to a head on Thursday evening when EC head Thowfeek announced the polls would proceed as scheduled on Saturday. The decision prompted a midnight ruling from the Supreme Court, reasserting its legal supremacy and calling on the police and military to enforce its will and halt poll preparations. Other members of the EC have given contradictory statements, whilst both the police and the Finance Ministry stated they would not assist the EC.

In other news

Aside from election activity this week, Bangladesh – provider of most of the Maldives expatriate labour – announced it would halt worker migration whilst it checked on eligibility.

Elsewhere in the courts, the Juvenile Court sentenced a teenage couple to prison and house arrest after they exchanged a kiss in the waiting room. The High Court, meanwhile called for a re-trial in the case of Deputy Speaker Ahmed Nazim’s alleged fraud of the Atolls Ministry.

Outside of Male’, the case of a dead infant in Villimale’ sparked a police investigation, whilst on Guraidhoo, islanders are have begun nightly fanditha patrols to prevent further malevolent activity causing local unrest.

The fallout from the Salaf  ‘Al Andhalus’ sermon continued, with the Maldives Broadcasting Commission finding that the TVM broadcast did not violate its guidelines. The group itself has requested that other groups in society not use its name for political ends.

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Comment: The audacity of dictatorship

This article first appeared on Dhivehi Sitee. Republished with permission.

There’s a sense of foreboding in the air as Male’ waits for the Elections Commission’s decision on whether they are going to defy the Supreme Court’s unconstitutional ruling to indefinitely delay the election scheduled for tomorrow.

Yesterday, Fuwad Thowfeek, the president of the Elections Commission was adamant that he will hold the second round tomorrow as scheduled, despite the Supreme Court injunction. This gave immense hope to Maldivians committed to the restoration of democracy, and several gathered at Raalhugandu for a final MDP rally ahead of voting on Saturday. The mood at the rally was slightly less cheerful than the usual MDP dos with several talkers highlighting the need to vote “come what may.”

Mohamed Nasheed, ever the optimist and the tireless activist-leader who lifts everyone’s spirits, sought to reassure supporters that voting would go ahead. Yet, he spoke of the need for everyone from nurses and teachers to boy scouts and girl guides to watch the vote boxes, to be mindful of the  ballot papers, leaving it unsaid that if the Elections Commission makes the brave decision to go ahead with the election, it would be without the support of crucial state institutions.

Despite it being close to midnight, the Supreme Court responded with an order to the security forces to act against anyone who defied its indefinite injunction against the second round. Within minutes, pro-democracy news channel Raajje TV was reporting that the Elections Commission had backtracked on their earlier defiance, saying they had halted all preparations for the election. This turned out to be untrue, too.

The disinformation may be a deliberate ploy to confuse and to dishearten the electorate. But it is not succeeding. Supporters of democracy are getting ready for MDP’s last campaign activity scheduled for this afternoon — a parade around Male’, much like the one on 6 September ahead of the first round. No doubt it will draw a massive crowd. Tens of thousands of voters are upset by the shenanigans of the Supreme Court, and are ready to come out on the streets to express their displeasure.

One judge, in particular, has become the focus of everyone’s ire and the subject of national ridicule. Judge Ali Hameed—now internationally famous for having sex with three prostitutes in a Sri Lankan hotel after a lengthy video of his ‘adventure’, which lasted over a long weekend was leaked on the Interne— is one of seven judges adjudicating on Jumhooree Party’s application to have the election delayed.

Yesterday, as Hameed sat inside the plush courtroom in Gayoom’s former palace clad in the full ‘Supreme Court Justice’ regalia, outside hundreds of people gathered with large white briefs, representative of the Y-fronts he was seen wearing (on and off) during the sex tape. That he is still not just sitting on the bench, but also signing court orders that violate the constitution and potentially rob over 200,000 people of their chance to vote has made a mockery of the Maldivian Constitution in more ways than one.

Police controlling protesters outside the Supreme Court yesterday. Photo: Aznym:

Police controlling protesters outside the Supreme Court yesterday. Photo: Aznym

The gist of yesterday’s arguments during the ongoing hearing has added to the frustration and anger. Three judges—Ali Hameed, Abdulla Saeed and Abdulla Mohamed—continuously interrupted all arguments by Elections Commission lawyer to defend the institution. When he attempted to point out that their ruling was in violation of the Constitution, one of the three judges responded by saying, “We have the power to change the Constitution.”

When EC lawyer argued that delaying the elections would leave the country in a legal black hole, one of them responded: “No it won’t. If the Constitution is not in force, Shari’a will be activated by default.”

This would, no doubt, be good news for the radical religious ‘scholars’, but it adds to the sense of foreboding in the air today.

Immediately after Commissioner Thowfeek’s announcement that he will hold the election regardless of the Supreme Court ruling, all Commission staff began receiving death threats in the form of text messages sent to their mobile phones. The message, posted on social media by various members of the staff reads [translation]:

If you take Fuad Thowfeek’s side and join him in his violation of the Constitution in defiance of the Supreme Court and continue with voting activities, you will be killed. Allah Akbar.

Added to this is the court order to the security forces to act against anyone who defies their ruling to delay the election.

Does this only apply to Elections Commission, or to all those who turn out to vote tomorrow? Are the security forces to crackdown on all voters? Does the court order amount to an all-clear for a full-fledged military takeover? If so, is the entire military willing to participate, or is the institution too divided? Reports of divisions within the military have been rife since the coup of 7 February 2012.

High ranking officials within the forces have confirmed  to Dhivehi Sitee that a significant section of the military will not support a military takeover, a coup within a coup. MDP is aware of this, and have called on supporters to appeal to those personnel for protection.

Nasheed made a similar appeal on Thursday night, heavily criticising the Generals who facilitated the 7 February coup, and calling [by name] on other Generals to cease their inaction and stand up in support of democracy. A lot of bad can happen when good men do nothing, he warned.

As time  for the election draws near, people are expressing their anxiety in different ways. At noon today, in the heat of the blazing sun, Male’s surfing community and other participants made beautiful coral sculptures on the eastern seawall. The various shaped corals stacked precariously on top of each other, they said, represents the current state of the country—finely balanced on the edge of a precipice. One unthinking, or deliberate, act will bring it all crumbling down.

But today’s parade will also show the determination of a majority of Maldivians to protect the fragile Maldivian democracy. A showdown between the audacity of dictatorship and the hope of democracy is imminent. The world is watching, and hopefully, rooting for the Maldivian people.

Dr Azra Naseem has a PhD in International Relations

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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IPCC report to give Maldives date of extinction: Guardian

On Friday 27 September, the low-lying island nation of the Maldives will be given the date of its extinction; notice of a death by drowning, writes Damian Carrington for the Guardian.

It will come in the form of a prediction for future sea-level rise in a landmark report on global warming by the world’s climate scientists. On current trends, anything more than three generations will feel like a reprieve.

On the packed streets of Male’, the mini-Manhattan that serves as the Maldives’ island capital, there is a political clamour. But, perhaps surprisingly, the cause is not worry about the existential threat posed by the rising seas but over accusations of corruption and vote-buying in the presidential election.

Friday’s landmark report on global warming from the Intergovernmental Panel on Climate Change (IPCC) – which is currently being finalised by a meeting of the world’s top climate scientists along with political observers in Stockholm – will set out the extreme precariousness of this position.

For coral reefs, the 800 climate scientists behind the report will be forced to add a new colour – purple – to the top of their range of risk levels to signify how much the dangers have worsened since the last IPCC assessment in 2007.

A significantly higher estimate for future sea-level rise is expected, up to 97cm by 2100, and this poses the most obvious threat to an archipelago where most land is no taller than an 11-year-old child. But rising sea temperatures will also increase coral bleaching and crumbling – where the reef gradually dies because the coloured algae that live within and help to feed the corals are expelled as the water warms.

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Elections Commission calls for run-off to go ahead as constitutionally scheduled

Elections Commissioner Fuwad Thowfeek has told Minivan News that the second round of the presidential elections will go ahead as scheduled on Saturday.

“We will uphold the constitution and hold the election on the 28th,” said Thowfeek.

Article 111 of the constitution mandates a run-off election within 21 days of a first round of polling if no candidate gains more than 50 percent of the vote in the first round.

The decision comes despite a Supreme Court ruling on Monday (September 23) ordering all state institutions to delay preparations for the poll until it issues a verdict in a case filed against the EC by the Jumhooree Party (JP), seeking to annul the first round in which it narrowly placed third.

“We don’t believe any organisation or institution can overshadow the constitution. So we are working as per the constitution. I am trying to fulfill the national duty of the election commission. I don’t want to leave room for those who break laws and the constitution,” Thowfeek stated.

“I don’t care about punishment from the Supreme Court. If they are right, they should uphold the constitution,” said Thowfeek.

“We are asking for police support. Among the police there are those who support an election on the 28th. But due to the nature of their duty even if they want to support us they can’t without a direct order.”

The Police Integrity Commission (PIC) have called for the police to provide any assistance the EC requires to go ahead with the second round though Minivan News is aware that sources from within the police have warned that any attempts to hold the poll will be physically stopped.

Following the court ruling this week, the EC told a press conference that – after conflicting orders from the court and the Majlis – it would be guided by the constitution, which it argued ought to be the final arbiter on electoral procedures.

However while the EC members are believed to have a majority in favour of holding the election as scheduled, Vice President of the EC Ahmed Fayaz this evening expressed his unwillingness to support the move.

“I do not support this. I want to hold elections as per the law. I do not dare participate in this. I think this is backfiring. The EC cannot single-handedly hold an election, we need administrative and security support, ” he said.

“There are 3000 officials. If their opinion differs we cannot hold this without their support. In some countries once elections start, the police and state resources are at elections commission’s disposal. It is not the same here – some island and atoll councils have already said they will not support us.”

“I do support going ahead with preparations, to be ready to hold elections at any point,” stressed Fayaz.

Aishath Velezinee, whistleblower and former member of the Judicial Services Commission (JSC), the body tasked with oversight of the judiciary, has declared Monday’s injunction “a mutiny in the Supreme Court”.

“This is a mutiny in the Supreme Court. We have only seen an [injunction] order signed by four of the seven member bench. Even in a majority decision, every judge must give the reasoning for their decision in writing. We should see the other opinions,” she said.

“The Chief Justice has previously complained of orders being sent out without following due process. The legitimacy of the court order is in question.”

Velezinee cited precedent in a unanimous Supreme Court ruling given in 2009: Ruling C/2009/02, unanimous decision: only Act of God or State of War can legally delay a date specified in constitution,” she noted.

“According to the constitution there is no role for the Supreme Court in an election. There are no laws giving the Supreme Court oversight of an election. The constitution gives 21 days for the holding of second round, after the first round,” she emphasised.

Maldivian Democratic Party (MDP) candidate Mohamed Nasheed welcomed the EC’s decision, calling on all parties to respect it.

Nasheed emerged as the front runner in the first round of polls, with 45.45 percent (95,224 votes), followed by the Progressive Party of Maldives (PPM) candidate Abdulla Yameen who received 25.35 percent (53,099 votes).

JP candidate Gasim Ibrahim – who narrowly missed out on the run-off with 24.07 percent (50,422) – has commented on twitter, writing “no one is above the law. Rule of law shall prevail.”

PPM running-mate Dr Mohamed Jameel joined with fellow party members in calling for  the arrest of the EC Commissioner Thowfeek.

“Our view is very clear, the election cannot go ahead.  We will not allow it, no one in the country will allow it,” he said.

He added that Thowfeek’s pledge to hold voting on September 28 had created disharmony and a “rift” within society.

“[These actions]  won’t ease political tensions n the country and may well lead to violence,” Dr Jameel stated.

The PPM yesterday filed an additional case with the Supreme Court, requesting a delay of one month to allow time for campaigning.

Background on the injunction

The controversial Supreme Court case, filed 10 days ago, requested that the court annul the first round void due to what the JP argued were severe discrepancies in the voter registry.

These allegations ran contrary to the reports of numerous international observers who have roundly praised the freeness and fairness of the first round, and the preparedness of the EC.

When asked about the capability of the EC during a public lecture today, former South African Constitutional Court Judge Johann Kriegler described these elections as “as good as I’ve ever seen”. Kriegler has been working alongside the EC and the UNDP in preparations for the poll.

The EC has challenged the veracity of the evidence presented in court and argued that, even were it factual, it is not sufficient to alter the outcome of the first round.

Global condemnation followed the Supreme Court’s issuing of the injunction, with the UK, EU, and the Commonwealth specifically calling for the run-off to go ahead as scheduled.

India’s Minister of External Affairs Salman Khurshid said his country was deeply “disappointed and distressed” at the development.

“Our understanding of the democratic system is that even if there are imperfections in the election system, those imperfections need to be addressed in a manner which is not destructive of the very process of elections,” said Salman Khurshid.

Indian warships were today seen performing maneuvers close to Male’, though authorities have stated the naval presence is part of a training exercise.

The Maldives Ministry of Foreign Affairs meanwhile responded to the global opprobrium by calling on international groups to “help, not hinder the state institutions in exercising their constitutional duties”.

The MDP reacted to the court’s decision by launching a series of protests highlighting the questionable ethics of the Supreme Court bench, particularly a series of leaked sex videos featuring Supreme Court Judge Ali Hameed and unidentified foreign women. The JSC – headed by Supreme Court judge Adam Mohamed and on which Gasim himself sat – rejected the recommendation from its own sub-committee that the judge be suspended.

Subsequent protested have been characterised by the presence of countless pairs of white underpants, as worn by the character alleged to be Hameed in the sex tape. Numerous arrests have been made on the island of Rasdhoo after locals hung a giant pair of underpants outside the Magistrate’s Court.

Former President Nasheed also called for tourism workers to strike should the poll not go ahead, receiving backing from the 5000 strong Tourism Employees Association of the Maldives (TEAM) today.

Following Nasheed’s appeal, the Maldives Association for Tourism Industries (MATI) issued a statement warning of “irreparable consequences” to the Maldivian economy unless the election is expedited.

Minivan News has ceased live updates on this page.

9:30pm: Elections Commissioner Thowfeek told Minivan News that he was called by the head of police specialist crime command, Hassan Habeeb, who told him that unless the Supreme Court issues an order or lifts the injunction, “police will physically stop an election from taking place”.

Fuwad said he had asked for the statement in writing, and expressed concern that police appeared to be ignoring the constitution.

9:45pm: Secretary General of the Elections Commission Asim Abdul Sattar told Minivan News: “It is ambiguous, questionable and ridiculous the way [the police] are siding with the court. The constitution is of the utmost importance – it is what all other laws and acts are based on. If one article is disregarded, the entire constitution is void.”

9:50pm: Thousands of MDP supporters have begun rallying in Male near the Tsunami Monument.

9:52pm: MDP running-mate Musthafa Luthfi at the  rally: “I salute the Elections Commission for upholding the constitution”.

10:00pm: MDP MP Mariya Didi praises police and military at Raalhugandu rally – “We are all Maldivians. We all have to live together”

10:15pm: Thasmeen; we have worked with the MDP before. We believe this is a moment in which we have to work together again. We are at present facing enormous challenges in upholding constitution and protecting our sovereignty. All of us, who wish well for the country, we have to work together.

10:20pm: Speaking before going into an EC meeting, Thowfeek told Minivan News that the group strives for unanimity, and that Commissioners Fayaz and Waheed were reluctant to proceed due to the potential of arrest when contravening a Supreme Court order.

“The police, the AG, and the president are with them [the Supreme Court] so they can do anything. I believe after all these years we have recently become a democratic society, and if we become so timid, we will go back to a dictatorship.

If the Supreme Court, or any institutions go against the constitution, we have to have the guts to stand up and prevent them from violating the constitution.”

10:30pm: Ahmed Shafeeu, Acting Minister of Home Affairs, has told Minivan News that a twitter account under his name that advocated the election “must be held as stated in the constitution” was a fake profile.

Shafeeu said that a press statement would be released on the Home Ministry site “shortly”.

11:10pm: The Home Ministry has put out a press release expressing concern, with fears of unrest and anxiety among the public caused by media reports and statements from politicians.

The press release stressed the importance of respecting and adhering to the Supreme Court order to ensure rule of law.

The Home Ministry offered assurances that it would do “everything necessary to ensure the safety and security of the beloved Maldivian people”.

11:30pm: Commissioner of Police Abdulla Riyaz told the PIC in a letter today that police have informed the Elections Commission and the National Coordinating Committee (advisory body) that it could not “participate in any activity to hold the second round of the presidential election on September 28” following the Supreme Court stay order as holding the election against the injunction would be “illegal”.

However, Riyaz stated that police “have not stopped providing legally mandated cooperation to the Elections Commission”. Police are providing security to EC members as well as the commission’s office and maintaining security for ballot boxes and ballot papers sent by the EC to the atolls on September 23.

11:45pm: Translation of Nasheed’s speech at Raalhugandu rally:

“We are a party that makes pledges. We are a party that fulfills pledges. We are seeing the various state institutions of the Maldives, various individuals, standing up in the moment they had to stand up. I congratulate the Elections Commissioner. I congratulate Fuwad. The example you have shown us is one we are all proud of.

Maldivian citizens are not ready to let Maldives adrift. Maldives citizens are ready to take our nation to safe shores. God willing, voting will start at 7:00 in the morning on Saturday. Come out, come out, go vote. God willing, we will win this election.

Maldivians want jobs, shelter, healthcare, social safety, prosperous life, a dignified life, Maldivians want a day they can do honest work, live dignified lives with their wives and children. God willing, we are bringing you this day, another way, the other Maldives, a dignified life.

God willing, there will be no one to obstruct the Elections Commissioner’s decision. Some among us still have doubts in their hearts. That at any time tonight the police may arrest the Elections Commissioner. That they may take away the ballot boxes on Saturday. None of that will transpire.

Saturday will be a very happy day. There must not be any doubt in any of your hearts. It will not be an ominous day. There will not be any violence or any other kind of disruption. Early morning, you will come out of your houses, you will vote in various ballot boxes and establish a people’s government.

Whether its today, tomorrow or Saturday, our rivals need to know, honestly, there is no reason for you to worry either. You will lose in a big way. There is nothing we can do about that.”

12:22am: Acting Home Minister Ahmed Shafeeu has said action will be taken against those who violate the Supreme Court order to delay the second round of the presidential election, reports Haveeru.

In a statement to the media, Shafeeu said that the government that all state institutions must respect the Supreme Court injunction. “I urge all Maldivian citizens at this opportunity to obey the Supreme Court order. And I remind everyone that violating the Supreme Court order or assisting such an action is a crime. The government will take necessary action against such persons,” he said.

12:25am: Local media is reporting that the Supreme Court has issued a further order to security forces to immediately stop any action in violation of their previous order to stop election preparations. Minivan News is awaiting official confirmation.

00:44am: Finance Minister Abdulla Jihad has confirmed that his ministry would not be providing any funding required by the EC for the run-off vote due to the Supreme Court order requesting for the election not to proceed.

“If the EC requires any expenditure against the orders of the Supreme Court then we will not be able to honour those bills,” he said.

00:49am: The new Supreme Court order quotes Article 141 of the constitution – arguing that the Supreme Court shall be the highest authority for the administration of justice in the Maldives. It also quotes Article 145, which states that the Supreme Court shall be the final authority on the interpretation of the constitution, the law, or any other matter dealt with by a court of law.

The ruling also sites Article 20 of the Judicature law which states the presidency, Majlis, judiciary, independent institutions, police and security forces, government officials, and all citizens must obey Supreme Court decisions.

“Since it is stated clearly, it is illegal to disobey or challenge a Supreme Court order within the jurisdiction of the Maldives”.

It calls for implementation of 2013/SC-VA-J/02 (order to delay polls) until a verdict is issued in case 2013/SC-C/42, and “orders the security forces of the Maldives to implement order 2013/SC-VA-J/02 and stop any individual from disobeying it”.

The new order comes under Constitution article 237: “The security services shall protect the nation’s sovereignty, maintain its territorial integrity defend the constitution and democratic institutions, maintain and enforce law and order, and render assistance in emergencies.”

The order was signed by 6 of 7 Supreme Court judges. It was not signed by Justice Muthasim Adnan.

01:00am: Minivan News understands death threats were sent to senior EC officials at around 6:00pm: “We will kill anyone who allies with Fuad Thowfeeq against the Supreme Court order and the Maldivian constitution. Allah Akbar.”

01:15am: Minivan News has confirmed with EC President Thowfeek that reports circulating on twitter and some media outlets regarding the supposed cancellation of the election are false. He stated that the commission will confer with its legal team on Friday and reconvene at 4:00pm.

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Jamiyyathul Salaf ask PPM and JP not to use its religious sermon except for religious purposes

Religious NGO Jamiyyathul Salaf has today said that the NGO had received information that Progressive Party of Maldives (PPM) and Jumhoory Party (JP) coalition was using the recent lecture delivered by Salaf’s lecturer Sheikh Adam Shameem, against the purpose of the lecture.

The NGO said that the lecture and the name of the NGO was not to be used for anything other than its actual purpose, which was to remind the people to be careful of those trying to destroy the independence and Islam in the country, and to remind the people not to let those people achieve their goal.

Salaf said the NGO appeals to the members and leadership of PPM and Jumhoory Party and the coalition of parties aligned with JP not to use the NGO’s sermons and name for any other purpose.

Jamiyyathul Salaf also stated that the NGO is not affiliated with any political party and that the NGO is an independent civil NGO.

The NGO said that it could not stop the way people feel about a sermon delivered and also that sermons being an advantage or disadvantage for political parties was not an excuse to stop the NGO from fulfilling its responsibilities.

Salaf said that the NGO does not consider the timing when holding their religious events.

Meanwhile, yesterday Salaf issued a statement accusing Maldivian Democratic Party (MDP) of misleading the public over the purpose of the sermon ‘Andalus’, as the sermon was “receiving huge support from the public”.

On September 18, The Maldives Broadcasting Corporation chairman along with members of the Maldives Broadcasting Commission were summoned before the Independent Institutions Committee’s sub-committee  following complaints by MDP MPs that the sermon by religious NGO Jamiyyathul Salaf preacher Sheikh Adam Shameem Ibrahim infringed the rights of the party’s presidential candidate.

Maldives Broadcasting Corporation Chairman Ibrahim Umar Manik told the Independent Commmission’s sub-committee that the live feed of the sermon was cut off around 11:35pm that night after the editorial team noticed that the sermon was heading to a direction which was not its original objective.

The sub-committee decided to forward the issue to the Independent Institutions Committee.

In December 2010, Salaf called on the then-government to “provide military training to all Muslim Maldivians and familiarise citizens with the use of modern weaponry” before “Jews take over the country”, days before a controversial visit by a team of Isreali surgeons to offer free-of-charge eye camps in Male’, Gaaf Dhaal Thinadhoo and Addu Atoll Hithadhoo.

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